XIII. INTERNATIONAL CRIMINAL LAW

XIII. INTERNATIONAL CRIMINAL LAW 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

XIII. INTERNATIONAL CRIMINAL LAW

Loading next page...
 
/lp/brill/xiii-international-criminal-law-dQPA2PmGKI
Publisher
Brill
Copyright
Copyright 2010 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0391-5107
eISSN
2211-6133
D.O.I.
10.1163/22116133-90000144
Publisher site
See Article on Publisher Site

Abstract

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

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2009

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off