Abstract
Autore:
Schiesaro Giampaolo
Titolo:
"Reato transnazionale organizzato e crimine contro l’umanita’: nuove prospettive per una tutela integrata dell’ambiente"
Environmental criminality has become multinational and
increasingly proves to be able to operate as a truly
"integrated criminal system". In order to adequately counter
this form of criminality it is necessary to be able to rely,
in defence of the people and the environmental goods, not
only on state rules (which are also essential to an
integrated protection of public goods and collective
interests), but also on international criminal rules, using
the few repressive tools that an evolutive interpretation of
the Rome Statute of the International Criminal Court would
make immediately available. Taking, therefore, the moves by
certain national rules applicable to most serious cases of
transnational trafficking of hazardous waste, in the most
recent interpretation given by the Supreme Court of
Cassation, and having in mind the deadly effects on the
health of the population living in places contaminated by
illegal trafficking, the Author illustrates the reasons why
such criminal acts are punishable today, also at
international level, as "crime against humanity", according
to art. 7, paragraph 1, lett. k) of the said Rome Statute.
Finally, he deals with the need to explicitly introduce,
even in the Italian judicial system, a specific type of
environmental crime against humanity shaped on the basis of
that inferable from the aforementioned International
Convention, in order to easily allow to the national judge
to apply it directly without being compelled to invoke
reasons of universal jurisdiction.
