Papers by Beatrice Bonafé
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Incidental proceedings aimed at expanding the original dispute.-2.1. Counter-claims.-2.2. Interve... more Incidental proceedings aimed at expanding the original dispute.-2.1. Counter-claims.-2.2. Intervention as a party.-3. Impact of the incidental establishment of jurisdiction on related procedural issues.-3.1. Counter-claims.-3.2. Intervention as a party.-4. Incidental proceedings not aimed at expanding the original dispute.-4.1. Intervention as a non-party.-4.2. Provisional measures.-5. Between the parties' Court and the World Court: the protection of the judicial function.
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The article examines the phenomenon of parallel proceedings before judicial and monitoring bodies... more The article examines the phenomenon of parallel proceedings before judicial and monitoring bodies. It addresses first the position of those bodies when confronted with parallel proceedings as well as the need for coordinating their action. Second, the main instruments of coordination are analysed, that is, coordination clauses, procedural rules of coordination, and techniques and rule for substantive coordination. The author maintains that, despite an increasing recourse to parallel proceedings also in the field of human rights, the need and chances for cooperation are reduced when a monitoring body is involved.
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The main purpose of the article is to investigate the role that international obligations of crim... more The main purpose of the article is to investigate the role that international obligations of criminalization do play and could play in the judicial review carried out by the Italian Constitutional Court. It is divided into three main parts. The Court's case law is examined first, a general and theoretical appraisal of the Court's approach follows, and further implications of that approach are taken into account at the end. The author maintains that the Court is quite deferential to international obligations and, despite the significant constitutional constraints surrounding criminal law-making, it seems prepared to let criminalization obligations have various legal effects in the Italian national legal order.
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Papers by Beatrice Bonafé
Nonetheless, it is disputed whether international criminal justice could be understood beyond its inherent criminal and procedural features. In particular, the question might arise on whether international criminal justice may be per- ceived as an instrument for enforcing primary international rules not criminal in nature; namely, as an instrument of international law intended to maintain or restore international peace and security. n light of the foregoing, the debate launched in this Special Section of Diritti umani e diritto internazionale aims to verify whether, and to what extent, the practice of the last two decades has implemented the said theoretical premises of international criminal justice.
Symposium:
- Emanuele Cimiotta, Gabriele Della Morte, "Introduction", in Diritti Umani e Diritto internazionale, 2016, n. 2, p. 361 ss.;
- Maurizio Arcari, "A Vetoed International Criminal Justice? Cursory Remarks on the Current Relationship Between the UN Security Council and International Criminal Courts and Tribunals", in Diritti Umani e Diritto internazionale, 2016, n. 2, p. 363 ss.;
- Frédéric Mégret, Nidal Nabil Jurdi, "The International Criminal Court, the. 'Arab Spring' and and Its Aftermath", in Diritti Umani e Diritto internazionale, 2016, n. 2, pp. 375 ss.;
- Beatrice I. Bonafè, "Sentencing Practice and the Contribution of International Criminal Tribunals to the Maintenance of Peace" , in Diritti umani e Diritto internazionale, 2017. n. 1, pp. 101 ss.;
- Valentina Azarova, Triestino Mariniello, "Why the ICC Needs a ’Palestine Situation’ (More than Palestine Needs the ICC): On the Court’s
Potential Role(s) in the Israeli-Palestinian Context", in Diritti umani e Diritto internazionale, 2017. n. 1, pp. 115 ss.;
- Andrea Spagnolo, "The Criminalization of Attacks Against Peace-
keepers in the Light of the Function of International Criminal Justice to Maintain Peace", in Diritti umani e Diritto internazionale, 2017. n. 1, pp. 151 ss.
- Harmen van der Wilt, "No Peace Without Justice or No Justice Without Peace?' Some Reflections on a Complex Relationship", in Diritti umani e Diritto internazionale, 2017. n. 2, pp. 435 ss.;
- Emanuele Cimiotta, "Giustizia penale internazionale e mantenimento della pace: qualche riflessione conclusiva", in Diritti umani e Diritto internazionale, 2017. n. 2, pp. 447 ss.