{"title":"德国的犯罪和意大利的金钱?","authors":"P. Caroli","doi":"10.1093/jicj/mqad005","DOIUrl":null,"url":null,"abstract":"\n On 29 June 2022, the Italian Parliament approved Law no. 79, which converted — with amendments — Article 43 of Decree-Law no. 36/2022 of 30 April 2022 into law, possibly marking the final stage of the long saga of the German–Italian dispute over Germany’s civil liability for Nazi crimes against the Italian population during World War II. The Decree-Law was originally issued, as a matter of urgency, with a specific purpose: the Italian government intended to prevent the Federal Republic of Germany from suffering the loss of a significant real estate asset, located in Rome, due to the execution proceedings before the Court of Rome. However, the purpose of this legislative measure was not solely to avert this scenario in the short term. On the contrary, with the Decree-Law, now converted into law, the singular result has been reached that the Italian state will pay all compensation owed to victims of Nazi massacres on behalf of Germany. The article contextualizes the new provision, analysing the saga of Germany’s civil liability in parallel with the criminal prosecutions of Nazi criminals in Italy, both after the war and in more recent years. It provides critical evaluations and proposes hypotheses on possible future scenarios.","PeriodicalId":46732,"journal":{"name":"Journal of International Criminal Justice","volume":" ","pages":""},"PeriodicalIF":1.5000,"publicationDate":"2023-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"German Crimes and Italian Money?\",\"authors\":\"P. Caroli\",\"doi\":\"10.1093/jicj/mqad005\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n On 29 June 2022, the Italian Parliament approved Law no. 79, which converted — with amendments — Article 43 of Decree-Law no. 36/2022 of 30 April 2022 into law, possibly marking the final stage of the long saga of the German–Italian dispute over Germany’s civil liability for Nazi crimes against the Italian population during World War II. The Decree-Law was originally issued, as a matter of urgency, with a specific purpose: the Italian government intended to prevent the Federal Republic of Germany from suffering the loss of a significant real estate asset, located in Rome, due to the execution proceedings before the Court of Rome. However, the purpose of this legislative measure was not solely to avert this scenario in the short term. On the contrary, with the Decree-Law, now converted into law, the singular result has been reached that the Italian state will pay all compensation owed to victims of Nazi massacres on behalf of Germany. The article contextualizes the new provision, analysing the saga of Germany’s civil liability in parallel with the criminal prosecutions of Nazi criminals in Italy, both after the war and in more recent years. It provides critical evaluations and proposes hypotheses on possible future scenarios.\",\"PeriodicalId\":46732,\"journal\":{\"name\":\"Journal of International Criminal Justice\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"2023-02-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Criminal Justice\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/jicj/mqad005\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Criminal Justice","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jicj/mqad005","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
On 29 June 2022, the Italian Parliament approved Law no. 79, which converted — with amendments — Article 43 of Decree-Law no. 36/2022 of 30 April 2022 into law, possibly marking the final stage of the long saga of the German–Italian dispute over Germany’s civil liability for Nazi crimes against the Italian population during World War II. The Decree-Law was originally issued, as a matter of urgency, with a specific purpose: the Italian government intended to prevent the Federal Republic of Germany from suffering the loss of a significant real estate asset, located in Rome, due to the execution proceedings before the Court of Rome. However, the purpose of this legislative measure was not solely to avert this scenario in the short term. On the contrary, with the Decree-Law, now converted into law, the singular result has been reached that the Italian state will pay all compensation owed to victims of Nazi massacres on behalf of Germany. The article contextualizes the new provision, analysing the saga of Germany’s civil liability in parallel with the criminal prosecutions of Nazi criminals in Italy, both after the war and in more recent years. It provides critical evaluations and proposes hypotheses on possible future scenarios.
期刊介绍:
The Journal of International Criminal Justice aims to promote a profound collective reflection on the new problems facing international law. Established by a group of distinguished criminal lawyers and international lawyers, the Journal addresses the major problems of justice from the angle of law, jurisprudence, criminology, penal philosophy, and the history of international judicial institutions. It is intended for graduate and post-graduate students, practitioners, academics, government officials, as well as the hundreds of people working for international criminal courts.