The absence of an interpretative agreement between proponents of the inclusion of non-state actors among entities capable of committing crimes against humanity vis-à-vis advocates of a more traditional approach that views crimes against humanity as crimes of states has the potential of allowing some of the most serious crimes affecting the international community to go unpunished. Because of the increasingly influential role played by non-state actors at national and international levels – whose capacity to plan, organise and carry out large-scale and widespread atrocities is comparable, if not higher, to that of states – the time is ripe to bring attention to the potential threats to the international community that the underestimation of such dangerousness could cause. By investigating whether the category of conduct of three of the most powerful mafia organisations – Cosa Nostra, the ’Ndrangheta and the Camorra – qualify as crimes against humanity within the meaning of Article 7 of the Rome Statute, this research project aims to move in the direction of closing the legal gap that has hitherto allowed mafia crimes to be excluded from the investigatory and prosecutorial activities of the international criminal justice apparatus. Whereas the evidence collected shows that Camorra does not qualify as an organisation under the Rome Statute – mainly because of the absence of coordination among its numerous gangs –the findings that derive from the investigation of the crimes carried out by Cosa Nostra and the ’Ndrangheta, on the contrary, show that the latter not only fulfil the indicative criteria to qualify as organisations within the meaning of the Statute, but have the capacity and the means to carry out crimes against humanity.
|School:||University of London, University College London (United Kingdom)|
|Source:||MAI 82/5(E), Masters Abstracts International|
|Subjects:||International law, Political science|
|Keywords:||Crimes against Humanity, International crimes, International Criminal Justice, Mafia organisations, Organisational Policy, Rome Statute|
Copyright in each Dissertation and Thesis is retained by the author. All Rights Reserved
The supplemental file or files you are about to download were provided to ProQuest by the author as part of a
dissertation or thesis. The supplemental files are provided "AS IS" without warranty. ProQuest is not responsible for the
content, format or impact on the supplemental file(s) on our system. in some cases, the file type may be unknown or
may be a .exe file. We recommend caution as you open such files.
Copyright of the original materials contained in the supplemental file is retained by the author and your access to the
supplemental files is subject to the ProQuest Terms and Conditions of use.
Depending on the size of the file(s) you are downloading, the system may take some time to download them. Please be