The Criminalization of War Crimes in Italy and the Shortcomings of the Domestic Legal Framework

Abstract

Abstract The Italian domestic legal framework related to war crimes is characterised by several shortcomings. It is still largely centred on the provisions present in the 1941 wartime military criminal code, which have not been subjected to substantial legal restyling, regardless of the explicit and implicit obligations of domestic criminalization inferred from treaties ratified by Italy. Only in 2001–2002, at the time of Italian military operations in Afghanistan, were certain amendments to this code introduced, in order to partly adapt its content to current rules of international humanitarian law and international criminal law. However, such solutions have not brought about effective harmonization and were drafted within an incoherent legal framework, made even more complex by subsequent reforms addressing military missions abroad, thus resulting in the current unsatisfactory scenario which would require substantive reforms.