edy provided for in this provision an appropriate way of redressing the violation of the defendant's right to participate in his own trial. In this way, the Constitutional Court substituted the Strasbourg Court in the interpretation of the ECHR, i.e. a function which according to the Constitutional Court itself and to Article 32 of the Convention, belongs to the Strasbourg Court alone. In light of the above, in order to declare Article 175 unconstitutional and according to the doctrine of the margin of appreciation, the Constitutional Court had no need to refer to Article 6 of the Convention. The same outcome could have been reached by only relying upon Articles 24 and 111 of the Italian Constitution (the Italian text of the decision has been published in RDI, 2010, p. 180 ff.). fulvio maRia palomBino xiii. inteRnational CRiminal law Defence of superior orders, state of necessity and state of duress Life imprisonment as an alternative to the death penalty Military jurisdiction Military offence Nazi-supported regimes as subjects of international law War crimes committed by Nazi forces during World War II Corte di Cassazione (Sez. I penale), 3 October 2008, No. 37606 Criminal Proceedings
The Italian Yearbook of International Law Online – Brill
Published: Jan 1, 2009
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