International Law and the Protection of Humanity

Essays in Honor of Flavia Lattanzi


This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.

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Pia Acconci, Ph.D. (1997) University of Bergamo, is Professor of European Union (EU) Law and International Investment Law at the Law Faculty of the University of Teramo and a member of the Committee on ‘Global Health Law’ of the International Law Association (ILA). Her writings mainly concern the protection of social rights in international and EU law and international and EU law on investment. In particular, she published a monograph on the Protection of health within international law (CEDAM/Kluwer, 2011) and co-edited a book on general interests of host States in international investment law (Cambridge University Press, 2014).

David Donat Cattin, Ph.D. (2000), University of Teramo, J.D. (1994, LUISS University-Rome), is the Secretary-General of Parliamentarians for Global Action (PGA) and Adjunct Assist. Professor of International Law at New York University, Center for Global Affairs. His research topics include crimes under International Law, general principles of International Criminal Law and IHL, victims' rights, international criminal jurisdictions, domestic implementation of international obligations and the use of force.

Antonio Marchesi, Ph.D. (1991), European University Institute, is Professor of International Law at the University of Teramo and Chairperson of Amnesty International Italy. His research topics include State responsability, human rights and international criminal justice.

Giuseppe Palmisano, Ph.D. (1992), University of Milan, is Professor of International Law at the University of Camerino and Director of the Institute for International Legal Studies of the National Research Council of Italy (CNR). He is member and currently President of the European Committee of Social Rights (Council of Europe). His research topics include State responsibility, international dispute settlement, self determination of peoples, human rights and migrations.

Valeria Santori, Ph.D. (2004), University of Teramo, is an international consultant who has worked inter alia for the United Nations and the Food and Agriculture Organisation. Formerly Senior Policy Officer and Special Advisor on Syria to the Director-General of the Organisation for the Prohibition of Chemical Weapons (Nobel Peace Prize Laureate 2013), Global Centre Fellow at the Centre for Global Legal Problems at Columbia Law School (2005) and Legal Advisor to Judge Gaetano Arangio-Ruiz at the Iran-United States Claims Tribunal, her research topics include disarmament and terrorism.

Valeria Santori, ‘Foreword’
List of Publications by Flavia Lattanzi;
1. Human Rights
1.1 - Pia Acconci, ‘The Protection of Social Rights within the Activity of the Security Council’
1.2 - Maurizio Arcari, ‘UN Security Council Resolutions before the European Court of Human Rights: Exploring Alternative Approaches for the Solution of Normative Conflicts’
1.3 - Fabio Bassan, ‘Legal Options and Models in the Design of a Sovereign Wealth Fund and Their Implications for Human Rights Protection’
1.4 - Pasquale De Sena, ‘The Judgment of the Italian Constitutional Court on State Immunity in Cases of Serious Violations of Human Rights or Humanitarian Law: A Tentative Analysis under International Law’
1.5 - Maria Luisa Padelletti, ‘Significant Disadvantage and Admissibility of Applications to the European Court of Human Rights: Effects on Domestic Legal Orders’
1.6 - Giuseppe Palmisano, ‘Protecting the Rights of Persons with Autism: The Role of the European Committee of Social Rights’
2. Refugee and migrant rights
2.1 - Roberto Giuffrida, ‘Subsidiary Protection in International and European Law’
2.2 - Agostina Latino, ‘The Principle of Non-Refoulement between International Law and European Union Law’
2.3 - Antonio Marchesi, ‘ Close and Enduring Connections. Expulsion Procedures and the Ties between Non Citizens and Host States in the Practice of the Human Rights Committee’
2.4 - Nicoletta Parisi, ‘Immigration, citoyenneté européenneet citoyenneté de residence dans l’Union européenne’
2.5 - Emanuela Pistoia, ‘Procedural Rights of Illegal Migrants Facing Expulsion in Contemporary Times: Exploring Synergies Between the ILC Draft Articles and the EU Returns Directive’
2.6 – Tullio Scovazzi, ‘Some Cases in the Italian Practice relating to Illegal Migration at Sea’
3. International Humanitarian Law and Humanitarian Assistance
3.1 - Michael Bothe, ‘The ILC Special Rapporteur’s Interim Report on the Protection of the Environment in Relation to Armed Conflicts.An Important Step in the Right Direction’
3.2 - Maria Cleria Ciciriello, Fiammetta Borgia, ‘Deconstructing the Responsibility to Protect Doctrine: Much Ado about Nothing’
3.3 - Monica Lugato, ‘Conceptualizing the Responsibility to Protect: A Short Contribution’
3.4 - Mario Odoni, ‘The Protection of the Environment Against Harmful Effects of Peacetime Military Training Activities: The Role of International Law’
3.5 - Stelios Perrakis - ‘La réparation de victimes des violations du droit humanitaire et le droit individuel d’accès a la justice. Etat de lieu et perspectives d’avenir’
4. International Criminal Law
4.1 - M. Cherif Bassiouni, ‘Two Hypothetical Prospective Extradition Cause Célèbre: The Snowden and Knox Cases’
4.2 – Soraya Brikci, Cyril Laucci, ‘Protecting/Promoting the Rights of Victims in International Law: Some Achievements and Ways Forward’
4.3 - Eric David, ‘Les travaux de la Conférence de Londres (26 juin-8 août 1945) sur le Statut du TMI de Nuremberg, une lecture parfois surprenante’
4.4 - Gabriele Della Morte, ‘La preuve à l’épreuve: trois cas-limites pour le juge international (penal)’
4.5 - David Donat Cattin, ‘Intervention of Humanity or the Use of Force to Protect Civilians, the Peremptory Prohibition of Aggression and the interplay between Jus ad Bellum, Jus in Bello and Individual Criminal Responsibility on the Crime of Aggression’
4.6 - Alessandra Gianelli, ‘The Place of Rehabilitation of the Offender among the Purposes of Penalties According to International Law’
4.7 - Frederik Harhoff, ‘One Size Fits All? A Looming Look at Human Rights in International Criminal Legal Proceedings’
4.8 - Daniel D.N. Nsereko, ‘The Special Tribunal for Lebanon and the Global Response to Terrorism’
4.9 - Alain Pellet, ‘Nouveau regard sur les sources du droit applicable par la CPI’
4.10 - Fausto Pocar, ‘Reflections on International Criminal Justice Twenty Years Later’
4.11 - William Schabas, ‘General Principles, nullum crimen and Accountability for International Crimes’
5. Other Areas of International Law relating to the Protection of Humanity
5.1 - Riccardo Pisillo Mazzeschi, ‘The Functional Immunity of State Officials from Foreign Jurisdiction: A Critique of the Traditional Theories’
5.2 - Fabian Raimondo, ‘The Right of Peoples to Self-Determination Revisited: Did Crimea Have the Right to Secede from the Ukraine?’
5.3 - Dino Rinoldi, ‘Human Health and Product Liability in the Agro-Food Chain’