Dr Luigi Daniele

Publications

H. Alberro - L. Daniele,  Ecocide: Why Establishing a New International Crime Would be a Step Towards Interspecies Justice, 29 June 2021, The Conversation. 
The editorial offers a summary of the issues surrounding the proposal to adopt a new international crime of Ecocide within the framework of the Rome Statute of the International Criminal Court.

L. Daniele - T. Mariniello, Note a Margine dell'Operazione 'Guardiano delle Mura', Parte II. La Costruzione Contra Legem delle Strutture Civili di Gaza  Come Obiettivi Militari, 29 June 2021, Italian Society of International Law (blog, and Journal - forthcoming).
Second part of the commentary on the Israel-Gaza hostilities of May 2021, analysing some of the major international humanitarian and criminal law controversies over the conduct of hostilities and aerial bombings of the military escalation under scrutiny.

L. Daniele - T. Mariniello, Note a Margine dell'Operazione 'Guardiano delle Mura', Parte I. Le Ombre del Dibattito Italiano su Gaza e Sheikh Jarrah, alla Luce del Diritto Internazionale, 25 June 2021, Italian Society of International Law (blog, and Journal - forthcoming).
First part of the commentary on the Israel-Gaza hostilities of May 2021, analysing the international legal issues surrounding recent developments of the conflict in West Bank and East Jerusalem.

La CPI Autorizza in Appello l'Indagine sui Possibili Crimini Commessi in Afghanistan (e in Europa) Durante la 'War on Terror', 28 April 2020, Italian Society of International Law (blog, and Journal - forthcoming).
The article presents a critical examination of the historic ICC Appeals Chamber authorisation of the opening of the investigation concerning the situation in Afghanistan, reverting the highly debated previous decision of the Pre-Trial Chamber II of the Court.

‘Imprisoning’ Self-Determination–The Israeli Military Law Enforcement System in the West Bank and Its Relevance for the ICC, Opinio Juris, ICC and Palestine Symposium, 7 February 2020.
The paper, part of the 2020 Opinio Juris ICC and Palestine Symposium, examines the authoritarian features of the Israeli military law enforcement system in the West Bank. By analysing some of the security offences and their sentencing frameworks, the paper argues that the ICC should investigate the potential commission of the war crime of ‘wilfully depriving protected persons of the rights of fair and regular trial’ (articles 8(2)(a)(vi) or 8(2)(c)(iv) ICC St.).

The International Criminal Court between Human Rights and Realpolitik in G. Oberleitner (Ed.), International Human Rights Institutions, Tribunals and Courts, Springer (October 2018), 355 - 376.
The Chapter offers an introduction of the International Criminal Court substantive legal framework, an overview of the most significant developments of its first 15 years of operation, and a summary of the critical debate about the selectivity of international criminal law enforcement on the basis of political power relations.

Enforcing Illegality: Israel's Military Justice in the West Bank, 29 Nov 2017, Questions of International Law - Zoom-in 44 (2017), 21-40.
The article presents a critical overview of the main legal questions arising from the Israeli military justice system in the West Bank. It examines the inception of the system, its legal sources (characterised the distinctive concentration of powers underlying its structure, in which legislative, executive and judicial prerogatives are entrusted to the Israeli military), and investigates its substantive law. The analysis of the concrete operation of the system, through comparison with Israeli domestic law and its impact on the human rights of the Palestinian population, reveals a significant degree of incompatibility with the fundamental principles of the liberal-democratic models of justice governed by the Rule of law.

Negazionismo e libertà di espressione: dalla sentenza Perinçek c. Svizzera alla nuova aggravante prevista nell'ordinamento Italiano. 12 October 2017, Diritto Penale Contemporaneo, 10/2017, 79 -104.
The article proposes critical considerations on the relationship between criminal law, genocide denial and freedom of expression. After a brief survey of the genesis of the notion of 'genocide' in international criminal law and the scholarly voices discussing its applicability to the Armenian case, the analysis - starting from the decision of the Grand Chamber of the ECHR on the Perinçek v. Case. Switzerland -  focuses on some unforeseen consequences of the aggravating circumstance of genocide denial introduced in Italian criminal law.

Penal populism and the BDS movement after Security Council Resolution 2334, 29 gen 2017, openDemocracy (French version, Spanish version, German version).
The article examines the ‘Boycott Divestment and Sanctions’ (BDS) movement's claims, and the anti-BDS legislations adopted in many countries, as examples of domestic criminalisation of civil society movements advocating international legality. It presents a critical analysis scoping horizons and contradictions of the human rights discourses in the world, the decline of their emancipatory potential and the emergence of a “dark side” in their hegemonic translations, capable of altering, and even capsizing, their protective functions.

Disputing the Indisputable. Genocide Denial and Freedom of Expression in the Perinçek v. Switzerland (Grand Chamber) Judgement of the European Court of Human Rights, September 2016, Nottingham Law Journal, Vol. 25, 2016, 141 - 152.
The article examines the Grand Chamber Judgment of the ECtHR in the Perinçek v Switzerland case, first ever in which the Court deals with the criminalisation of the denial or gross minimisation of a genocide other than the Shoah. In contrast with its previous case law on Holocaust denial, the Court disentangles the conflict between the criminal protection of the dignity of victims and the freedom of expression of the applicant striking the balance in favour of the second. The paper analyses this jurisprudential landmark in light of a critique of the notion of 'militant democracy' in the fight against racism and xenophobia.

La Palestina aderisce alla Corte Penale Internazionale: e ora? 9 Jan 2015, Italian Society of International Law (Blog, and Journal, 393 - 401).
The article presents first instance reflections on Palestine's adhesion to the International Criminal Court and unpacks its implications on future chances of prosecution of potential international crimes committed in the conduct of hostilities by the parties to the Israel-Palestine conflict.

See all of Luigi Daniele's publications...