Prosecuting International Crimes against Migrants before Italian Courts: Joining Forces to Close the Accountability Gap
This research focuses on the prosecution of international crimes against migrants in the Italian jurisdiction and evaluates the effect of cooperation between national and international actors on the outcomes of the prosecution itself.
The first part of the project focuses on the Italian case study. The presence of migrants from the Central Mediterranean triggers domestic extraterritorial jurisdiction on conducts committed in Libya or on the migration route. The analysis aims to investigate the potential of Italian proceedings in closing the accountability gap. Relevant case law seems to indicate that these trials mostly stem from migration cases, thus failing to prosecute high-profile defendants. Moreover, the absence of international criminal law provisions determines severe setbacks regarding, for instance, definition of crimes and statutory limitations.
The second part of the project employs empirical research on the successful strategies adopted by other jurisdictions in prosecuting international crimes. Furthermore, it focuses on the cooperation between national actors and international organizations on investigations into crimes against migrants.
Against this backdrop, the research shall develop a feasible strategy for granting the utmost success to Italian proceedings on international crimes against migrants, assessing the applicability of approaches developed in foreign jurisdictions and improving synergies between Italian prosecutors and international stakeholders.
