Acceso usuarios
Giampaolo Schiesaro
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.
