By analysing some of the security offences and their sentencing frameworks, the paper argues that the ICC should investigate the potential commission of the war crime of ‘wilfully depriving protected persons of the rights of fair and regular trial’ (articles 8(2)(a)(vi) or 8(2)(c)(iv) ICC St.). The paper, part of the 2020 Opinio Juris ICC and Palestine Symposium, examines the authoritarian features of the Israeli military law enforcement system in the West Bank. ‘Imprisoning’ Self-Determination–The Israeli Military Law Enforcement System in the West Bank and Its Relevance for the ICC, Opinio Juris, ICC and Palestine Symposium, 7 February 2020. The article presents a critical examination of the historic ICC Appeals Chamber authorisation of the opening of the investigation concerning the situation in Afghanistan, reverting the highly debated previous decision of the Pre-Trial Chamber II of the Court. La CPI Autorizza in Appello l'Indagine sui Possibili Crimini Commessi in Afghanistan (e in Europa) Durante la 'War on Terror', 28 april 2020, Italian Society of International Law (blog, and Journal - forthcoming). Le Ombre del Dibattito Italiano su Gaza e Sheikh Jarrah, alla Luce del Diritto Internazionale, 25 June 2021, Italian Society of International Law (blog, and Journal - forthcoming).įirst part of the commentary on the Israel-Gaza hostilities of May 2021, analysing the international legal issues surrounding recent developments of the conflict in West Bank and East Jerusalem. Mariniello, Note a Margine dell'Operazione 'Guardiano delle Mura', Parte I.
Second part of the commentary on the Israel-Gaza hostilities of May 2021, analysing some of the major international humanitarian and criminal law controversies over the conduct of hostilities and aerial bombings of the military escalation under scrutiny. La Costruzione Contra Legem delle Strutture Civili di Gaza Come Obiettivi Militari, 29 June 2021, Italian Society of International Law (blog, and Journal - forthcoming). Mariniello, Note a Margine dell'Operazione 'Guardiano delle Mura', Parte II.
The editorial offers a summary of the issues surrounding the proposal to adopt a new international crime of Ecocide within the framework of the Rome Statute of the International Criminal Court. Daniele, Ecocide: Why Establishing a New International Crime Would be a Step Towards Interspecies Justice, 29 June 2021, The Conversation. Luigi is a member of the ESIL (European Society of International Law) and of the NLS Centre for Rights and Justice. He has published contributions in Italian and English about the proposal to codify an international crime of ecocide, the international criminal relevance of the conduct of hostilities in the Israel/Palestine conflict, the contrasts between the human right to freedom of expression and the criminal law of genocide denial, and about the right to boycott to campaign against widespread and systematic violations of human rights and humanitarian law. (in co-tutelle with the University of Naples Federico II) with a thesis titled 'Indiscriminate Attacks as Jus in Bello Violations' comparing the ICL and IHL legal frameworks and enquiring into the existing gaps in coverage between Humanitarian Law and the conduct enshrined in Art.8 of the 1998 Rome Statute of the International Criminal Court. Luigi’s research interests focus on International Criminal Law (ICL), International Humanitarian Law (IHL), Critical and International Legal Theory, Penal Theory, and Supranational Criminology.
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