DignITA Database

DATA: 09/05/2018

STRUMENTI CORRELATI:

NOTE:

Un crimine di guerra può costituire un reato politico quando, pur mancando del grado di estensione e sistematicità richiesto per qualificarsi come crimine contro l’umanità, sia tuttavia connotato da una particolare gravità della condotta tale da comportare una lesione dei diritti fondamentali della persona e, conseguentemente, del cittadino, la cui tutela è garantita da norme imperative sia del diritto internazionale sia del diritto interno.

DATA: 26/10/2017

STRUMENTI CORRELATI:

Azzolina et autres c. Italie (Fr)

Azzolina e altri c. Italia (It)

NOTE:

DATA: 26/10/2017

STRUMENTI CORRELATI:

Blair et autres c. Italie (Fr)

Blair e altri c. Italia (It)

NOTE:

DATA: 30/06/2017

STRUMENTI CORRELATI:

NOTE:

Ruling:

The court declares the application admissible and holds that there has been a violation of Article 4.2 of the Convention.

Reference to obligations of criminalization:

Arts. 2, 3, 4 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.ù

Reference to human dignity:

Indirect reference.
Forced labour and human trafficking violate fundamental human rights, including human dignity.
In the case at hand the applicants worked in greenhouses for twelve hours every day, picking strawberry under the supervision of armed overseers; they lived in makeshift shacks made of cardboard, nylon, without toilets or running water; their employers did not pay them and warned them that they would only receive their wages if they continued to work. In addition, the applicants did not have a residence permit or work permit. Consequently, the employer abused his power and took advantage of the vulnerability of his workers in order to exploit them. The prior consent of the victims is not sufficient to exclude the characteristic of such conducts as forced labour.

DATA: 22/06/2017

STRUMENTI CORRELATI:

Bartesaghi Gallo et autres c. Italie (Fr)

Bartesaghi Gallo e altri c. Italia (It)

NOTE:

DATA: 24/03/2017

STRUMENTI CORRELATI:

Regolamento UE n. 2019/880

NOTE:

Paragrafi operativi 8 e 9

DATA: 27/09/2016

STRUMENTI CORRELATI:

NOTE:

Mr. Al Mahdi was convicted of the war crime of attacking protected objects as a co-perpetrator under Articles 8(2)(e)(iv) and 25(3)(a) of the Statute and sentenced to 9 years of imprisonment.

The judgment does not explicitly use the phrase “human dignity”. However the protection of cultural heritage and religious sites is implicitly linked to human dignity. Cultural heritage is to be considered an integral part to the identity, history, and spiritual well-being of individuals and communities. The destruction of such sites, as perpetrated by Al Mahdi, can be seen as an assault on the collective human dignity of those whose heritage is violated, disrupting their connection to their past and their cultural identity. The Court’s condemnation and punishment of such acts contribute to upholding the value of human heritage, which in turn supports broader principles of human dignity.

DATA: 27/09/2016

STRUMENTI CORRELATI:

NOTE:

Ruling:

Mr. Al Mahdi was convicted of the war crime of attacking protected objects as a co-perpetrator under Articles 8(2)(e)(iv) and 25(3)(a) of the Statute and sentenced to 9 years of imprisonment.

Reference to obligations of criminalization:

No explicit reference. However, by convicting Al Mahdi under Article 8(2)(e)(iv) of the Rome Statute, the ICC further enhances the international legal obligations to criminalize such acts and holding individuals accountable for these actions.

Reference to human dignity:

The judgment does not explicitly use the phrase “human dignity”. However the protection of cultural heritage and religious sites is implicitly linked to human dignity. Cultural heritage is to be considered an integral part to the identity, history, and spiritual well-being of individuals and communities. The destruction of such sites, as perpetrated by Al Mahdi, can be seen as an assault on the collective human dignity of those whose heritage is violated, disrupting their connection to their past and their cultural identity. The Court’s condemnation and punishment of such acts contribute to upholding the value of human heritage, which in turn supports broader principles of human dignity.

DATA: 23/02/2016

STRUMENTI CORRELATI:

Nasr et Ghali c. Italie (Fr)

Nasr e Ghali c. Italia (It)

NOTE:

DATA: 28/09/2015

STRUMENTI CORRELATI:

NOTE:

Ruling:

For these reasons, the Court […] Holds, unanimously, that there has been a violation of Article 3 of the Convention under its procedural head.

Reference to obligations of criminalization:

Para 117. The essential purpose of such an investigation is to secure the effective implementation of the domestic laws prohibiting torture and inhuman or degrading treatment or punishment in cases involving State agents or bodies, and to ensure their accountability for ill-treatment occurring under their responsibility.

Reference to human dignity:

Paragraphs 81, 87-90, 100, 101.