The original distinction between national and international law has entered into crisis after the tragic events of World War II and the convictions imposed by the Tribunals of Nuremberg and Tokyo for war crimes and crimes against humanity. Because of these events, a new global law was born and this law is different from the previous national and international public law. In this new legal order there isn’t still a global State, but there is a new global source of law represented by an immanent criminal law recognized by all the countries of the globe. The criminal offences under the international criminal law are also new, as well as the criteria for imputation, with particular reference to the ascription of re- sponsibility for war crimes, aggression and crimes against humanity to the political or mili- tary leaders of a State, according to criteria that are different from those of national crimi- nal law in matters of criminal complicity.

Diritto penale internazionale e diritto interno. Crimini di guerra, crimini contro l'umanità e responsabilità apicale.

Ugo Pioletti
2020-01-01

Abstract

The original distinction between national and international law has entered into crisis after the tragic events of World War II and the convictions imposed by the Tribunals of Nuremberg and Tokyo for war crimes and crimes against humanity. Because of these events, a new global law was born and this law is different from the previous national and international public law. In this new legal order there isn’t still a global State, but there is a new global source of law represented by an immanent criminal law recognized by all the countries of the globe. The criminal offences under the international criminal law are also new, as well as the criteria for imputation, with particular reference to the ascription of re- sponsibility for war crimes, aggression and crimes against humanity to the political or mili- tary leaders of a State, according to criteria that are different from those of national crimi- nal law in matters of criminal complicity.
2020
262
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11581/437021
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