Italy’s Judicial Experience and
the Contemporary Perspectives of International Humanitarian Law
More than eighty years after the end of the Second World War, the prosecution of war crimes committed in Italy during the Nazi-Fascist occupation continues to raise fundamental questions concerning justice, historical memory, and the protection of human rights. Magistrate Marco De Paolis will examine the experience of Italian military justice over the past twenty years, focusing on the evolution of case law, the role of victims, and the significance of trials held decades after the events, in light of the principles of contemporary humanitarian law.
Over the past twenty years, numerous trials have been held in Italy for war crimes committed by Nazi and Fascist forces during the Second World War against the civilian population and Italian military personnel who were interned or held as prisoners of war. These proceedings marked a particularly significant chapter in the history of Italian justice, helping shed light on events that had long remained without a judicial response.
During the event, Marco De Paolis will examine the principal stages of this complex judicial experience, exploring the evolution of Italian case law concerning war crimes. Particular attention will be devoted to the principle that such crimes are not subject to statutes of limitations, the obligation to prosecute, and the duty to refuse to carry out manifestly criminal orders.
Another central topic will be the role of victims and their families in criminal proceedings, in light of developments in national and international jurisprudence and the growing recognition of their participation in the pursuit of truth and justice.
The discussion will conclude with an examination of the phenomenon of so-called delayed justice: What does it mean to hold a criminal trial more than sixty years after the events in question? What significance does a judgment have when it is delivered generations after the crimes were committed? And how do these proceedings contribute to establishing individual responsibility and strengthening the principles of contemporary humanitarian law?
Drawing on the concrete experience of Italian military justice, the event will offer an opportunity to explore issues that extend beyond their historical context and remain highly relevant to international debates on accountability for war crimes, the protection of victims, and the relationship between memory and justice.
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