This paper argues that, due to its conceptual and functional features, the international criminal justice proves unable to stop the Russian aggression against Ukraine. After all, over the last two decades the international criminal justice has not contributed to the restoration of peace and security in those areas where international crimes were perpetrated. Moreover, a series of obstacles prevent the International Criminal Court to exercise its jurisdiction over the Russian political and military leadership. Not even state jurisdiction, which is only pursuing minor members of one side of the conflict, seems able to bring the aggression to an end.
Può la giustizia penale internazionale davvero contribuire alla pace in Ucraina?
Emanuele Cimiotta
2022
Abstract
This paper argues that, due to its conceptual and functional features, the international criminal justice proves unable to stop the Russian aggression against Ukraine. After all, over the last two decades the international criminal justice has not contributed to the restoration of peace and security in those areas where international crimes were perpetrated. Moreover, a series of obstacles prevent the International Criminal Court to exercise its jurisdiction over the Russian political and military leadership. Not even state jurisdiction, which is only pursuing minor members of one side of the conflict, seems able to bring the aggression to an end.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.