The commission of serious crimes against migrants in Libya is becoming increasingly important in the international criminal justice scenario. Over the past decade, the presence of migrants from the central Mediterranean on Italian territory has led to several proceedings on such violations. However, in the absence of national provisions of international criminal law, Italian courts are bound to apply ordinary criminal offences. This solution entails limitations both in terms of non-coincidence with the corresponding international crimes as well as with regard to general provisions of criminal law. Furthermore, resorting to the general criteria for the exercise of domestic jurisdiction makes it difficult to establish the criminal responsibility of individuals belonging to the highest ranks of criminal organizations operating in Libya.

Paper published on the ADIM Blog in July 2024, on the sidelines of the ADiM-IntoMe Migration Conference 2024, and available at the following link.