Marina Mancini

A Brand New Definition for the Crime of Aggression: The Kampala Outcome

At the first Review Conference of the Rome Statute of the International Criminal Court, which was held in Kampala in 2010, the negotiations on the crime of aggression resulted in a complex package, at the core of which are the definition of the crime and the conditions for the exercise of the Courts jurisdiction over it. This article examines the definition of the crime of aggression, as enshrined in the new Article 8 bis, considering the various parts of that package as well as the existing practice and case law. On the basis of this analysis, it evaluates the relevance of the Kampala definition to the evolution of customary international law.

The Day After: Prosecuting International Crimes Committed in Libya

In 2011 Libya was a theatre of atrocious crimes. Ensuring that those involved do not go unpunished is now a major challenge for the new Libyan Government and the international community. The first part of this article surveys the crimes against humanity and war crimes that were reportedly committed by both the Gaddafi forces and the insurgents. It also considers the NATO air strikes that resulted in civilian casualties or damage to civilian objects and which might amount to war crimes. The second part of the article discusses the available mechanisms for prosecuting the aforementioned crimes. Firstly, the Security Council referral of the Libyan situation to the International Criminal Court and its limitations are examined, and subsequent developments are explored, including the arrest warrants against Muammar Gaddafi, his son Saif Al-Islam and Al-Senussi, their capture and Libya’s admissibility challenge of 1 May 2012. Secondly, the article considers the prospects for national proceedings against the alleged criminals. The author argues that proceedings before Libyan courts are the only practically available option to ensure the punishment of the bulk of perpetrators. She also emphasises the importance of investigations and prosecutions being given equal weighting, whether they are of Gaddafi loyalists or revolutionaries.

un Sanctions Targeting Individuals and icc Proceedings: How to Achieve a Mutually Reinforcing Interaction

This chapter shows that the Security Council sanctions mechanism and the icc mechanism intersect in many ways. It examines how they impact on each other and investigates how frictions between them can be removed and a mutually reinforcing interaction can be achieved. The author submits that a harmonious relationship between the two mechanisms would be of mutual benefit and advance the achievement of their respective goals, and identifies several steps that should be taken to this end.

AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES

This sub-section is divided into two parts. Part A) contains a list of agreements signed by Italy and published in the Gazzetta Ufficiale in 2008. Part B) contains a list of agreements signed by Italy and published before 2008 but the entry into force of which was announced in the Gazzetta Ufficiale only in 2008. In both parts the agreements are listed by subject matter and, within the same subject matter, multilateral agreements are placed before bilateral ones. Multilateral agreements are in chronological order, while bilateral agreements are listed in alphabetical order according to the international subject with which they were signed. In the case of more than one bilateral agreement signed with the same international subject, they are in chronological order. If an agreement has entered into force, the date of entry into force is indicated. For those agreements requiring a law authorising ratification, the date of entry into force has been deduced – as a rule – from the schedules published periodically by the Ministero degli affari esteri (Ministry of Foreign Affairs) in the Supplemento Ordinario (Suppl.) to the Gazzetta Ufficiale (GU).

The National Legal Frameworks Relating to Disaster Response: How is Incoming International Assistance Regulated?

This chapter focuses on the domestic legal frameworks relating to disaster response of a number of States which have been hit by major disasters in the past few years, namely Indonesia, the United States, the Philippines, Haiti, and Japan. It analyzes the provisions regulating incoming international assistance and investigates (1) how they are applied in practice and (2) whether they are consistent with the IFRC’s Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance and the treaty obligations of the States in question. The author finds that the legal preparedness for receiving international assistance varies significantly in the five countries taken into consideration and argues that even the legislation of those apparently best prepared can be improved. She concludes that the legal frameworks relating to disaster response in the countries considered reveal a reactive approach to regulatory problems in international relief operations and suggests instead that a proactive approach to those problems should be adopted.