The article deals with the final judgment of the Italian Court of Cassation in the criminal case concerning the unlawful killing of some members of the European Community Monitor Mission in Yugoslavia by the Jugoslav National Army, occurred in Podrute in 1991. In accordance with the Constitutional Court judgment n. 238 of 2014, the Cassation allowed civil claims of the families of the victims against the Republic of Serbia and finally held this State liable to pay compensation. However, this conclusion is not fully persuasive. The Cassation settled the civil claims relying only on domestic law grounds, instead of tackling the fundamental issues of international law relevant to the case at hand, as the succession of State responsibility and the direct effect of the rules of international humanitarian law providing for compensation.
La Cassazione penale e il crimine di guerra di Podrute: un divorzio dal diritto internazionale?
SARZO, MATTEO
2016
Abstract
The article deals with the final judgment of the Italian Court of Cassation in the criminal case concerning the unlawful killing of some members of the European Community Monitor Mission in Yugoslavia by the Jugoslav National Army, occurred in Podrute in 1991. In accordance with the Constitutional Court judgment n. 238 of 2014, the Cassation allowed civil claims of the families of the victims against the Republic of Serbia and finally held this State liable to pay compensation. However, this conclusion is not fully persuasive. The Cassation settled the civil claims relying only on domestic law grounds, instead of tackling the fundamental issues of international law relevant to the case at hand, as the succession of State responsibility and the direct effect of the rules of international humanitarian law providing for compensation.
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