Codificare i crimini internazionali? Prospettive penalistiche nella cornice costituzionale

The paper deals with the emerging role of domestic criminal law in preventing and punishing international crimes. Twenty years after the entry into force of the International Criminal Court’s Statute and under the pressure of the war in Ukraine, Italy has recently charged an expert commission to draft the Code for international Crimes. After presenting the reasons that support such a choice, two main ideas driving the project are highlighted: adapting substantive criminal law to the Rome Statute and ensuring consistency with classical criminal law rules encompassed in the Criminal Code. The outcome, concerning the general part of criminal law, is a limited set of proposals, that are analyzed and discussed within the paper, with a special focus on the modes of liability both for individuals and corporate entities.