The Prime Minister Giorgia Meloni revealed in a television interview on October 7th of having been reported to the International Criminal Court (CPI) for alleged international crimes, in particular for the crime of “competition in genocide “. The complaint also involves the foreign minister Antonio Tajani, the defense minister Guido Crosetto and the CEO of Leonardo Roberto Cingolani.
The complaint was probably presented by the group Jurists and lawyers for Palestine, who accuses the government of complicity in crimes against humanity and genocide in Gaza. According to the disputes, Italy would have continued to provide military support to Israelthus contributing to the violations of human rights in the conflict. Meloni defined the incident as “a unique case in the world”, underlining that Italy has not authorized new supplies of weapons to Israel from 7 October 2023.
What is and what the International Criminal Court deals with
There International Criminal Court It is an international permanent court established to investigate, pursue and process individuals accused of having committed serious crimes for the entire international community. Over 120 countries are part of the Statute of Romethe Treaty Establishment of the Court, representing various regions of the world: Africa, Asia, Latin and Europe America. However, Countries of great importance As the United States, China, India, Israel and Russia are not members of the court.
The Statute of Rome gives the CPI the jurisdiction on Four main categories of crimes: Among these are the crimes against humanity, war crimes and aggression crimes, that is, the use of armed force by a state against sovereignty, integrity or independence of another state. The last category is that of the crime of genocidecharacterized by the specific intention of destroying, in whole or in part, a national, ethnic or racial group. According to the law, this can be perpetrated in various ways:
- Killing the members of a group or by causing serious physical or mental damage;
- Deliberately inflicting the group of living conditions such as to cause total or partial physical destruction;
- By imposing measures aimed at preventing births within the group;
- By transferring the group’s children to another group.
Meloni reported: what is the contested crime
The competition in genocide It is a serious crime according to international law and implies assistance, support or intentional encouragement to the commission of genocidal acts. This may include the supply of weapons, financial support or other resources to the managers of the genocide. This concept is sanctioned in the Convention for the prevention and repression of genocide crime of 1948 (Convention on the genocide), which criminalize not only the direct acts, but also the complicity.
Article III of the Convention specifically lists “complicity in genocide” as a punishable act, dealing with the same gravity of the direct commission of the genocide itself. In the context of the International Criminal Court (CPI), the competition in genocide is an accusation that can be aimed at individuals who, while not directly committing genocidal acts, play a significant role in allowing or facilitating these acts.
In international criminal courts created to pursue war crimes, crimes against humanity and genocide such as theICTR (for the Rwanda) or theICTY (for the former Yugoslavia), the competition has sometimes been considered a distinct punishable act. In the case of Meloni, the complaint highlights the role of Italy in the Supply of lethal weapons in Israel During the current conflict, suggesting that these actions may have contributed to genocidal acts against the Palestinians.
How the CPI process works and what consequences does
As an international court, the Legal process of the CPI It can work differently than that of the national reference jurisdiction. The general process is as follows:
- Preliminary exam: The prosecutor evaluates if there are sufficient bases to open an investigation into the crimes falling within the jurisdiction of the CPI.
- Investigations: Collection of tests and identification of suspicions, with any issue of arrest warrant or convocation to appear.
- Pre-processual phase: The judges confirm the identity of the suspicion and decide if there is sufficient evidence to proceed with the trial.
- Process phase: The accusation presents the evidence before the judges, who emit the verdict and, if guilty, the sentence.
- Appeal phase: Prosecutor, defense, victims or convicted of verdict, sentence or compensation, and the appeal chamber issues the final decision.
- Execution of the sentence: The sentence is obvious in a state that performs the sentences of the CPI or, if the verdict is not confirmed, the accused is released.
In the case of the premier, despite the complaint, the CPI has not yet officially confirmed the start of a preliminary investigation against Meloni or others reported. A process, if it happens, could lead both to acquittal (if the tests are not solid enough) and to the sentence (if acts of complicity and knowledge are established). However, A condemnation against Western leadersespecially for something serious such as genocide, It is something rare and difficult.
As for the sentence, the Rome Statute provides for prison penis Up to 30 years, or life imprisonment in extremely serious cases, depending on the severity of the crime and the role of the person. The actual duration would depend on factors such as the severity of illegal behavior, personal contribution or knowledge of the facts.
Even in the event of a conviction, The execution of the penalty can be very complex: the CPI does not have its own prison; The sentenced people serve the sentence in states who have agreed to host the court inmates. Furthermore, demonstrate the genocide (and complicity with awareness) it is complex: We must try the intent (or knowledge) to destroy, in whole or in part, a protected group.
Considering all this, the case it may never get to a process Complete. If you get to the trial, Meloni is more likely to be fulfilled (if the tests are weak or circumstantial) or possibly sentenced for minor accusations (for example, help or complicity in war crimes or crimes against humanity, rather than contributing to genocide). Even without a condemnation, however, a process It could however involve political costsboth for Meloni personally and for his government.
