Autore: Chouliaras, Athanasios
Titolo: Verso una possibile criminologia della giustizia penale internazionale: prerequisiti e obiettivi
Periodico: Studi sulla questione criminale
Anno: 2012 - Fascicolo: 3 - Pagina iniziale: 59 - Pagina finale: 78

The main objective of the paper is to theorize on the prospective role of criminology withrespect to the emergent international criminal justice system, epitomized by the creationof the permanent International Criminal Court (ICC). In order to do so, we opt for acombined approach consisting in the contrast of the criminological theory of State crimewith the rising theory of international crime in the domain of international criminal law. Inthis context, the first part summarizes the epistemological premises and the basic pointsof the criminological theories on State crime. Despite the unanimity among criminologiststhat the idea-matrix of abuse of power and the category of "crimes of the powerful"offer the broader conceptual framework of the criminology of State crime, there is anopen debate on the criterion employed for the definition of the latter concept (harm,deviance, law). Notwithstanding the variety of approaches, one could assert that they allconverge on the conclusion that the most important traits of State crime are its politicalnature (macro-level) and organizational dimension (meso-level). These elements on theone hand are corroborated by while on the other hand explain the eruption of collectiveviolence at societal level, which results in the commission of massive crimes, analyzedas instances of conformity instead of deviancy, i.e. as crimes of obedience (micro-level).The second part seeks to delimit the subject matter by alluding to the concept of coreinternational crime arising from the normative system of the ICC. More particular, takinginto consideration the general qualitative traits of the crimes falling within the jurisdictionof the ICC (genocide, crimes against humanity, war crimes and aggression), the provisionof certain criteria of admissibility of a case before the ICC as well as the gravity thresholdand the inclusion of contextual elements in each criminal type, one could identify threeconstitutive elements of core international crime: international dimension, collectivenature and political facet. Finally, the third part constitutes an attempt at synthesis,setting forth a proposal for a comprehensive theory of international criminality basedon the integrated model of criminal sciences in the field of international criminal justice.The core aim of such an approach is not to downplay the existing differences between thecriminological concept of State crime and the penal concept of core international crime,but to highlight common points in order to make some proposals from a criminal policyperspective.




SICI: 1828-4973(2012)3<59:VUPCDG>2.0.ZU;2-C
Testo completo: http://www.mulino.it/download/article/10.7383/73277
Testo completo alternativo: http://www.mulino.it/doi/10.7383/73277

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