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Dissertation/Thesis Abstract

From State to Organisational Policy: Expanding the Concept of Crimes Against Humanity to Mafia Organisations
by Ferrari, Ilaria, M.A., University of London, University College London (United Kingdom), 2019, 46; 28153990
Abstract (Summary)

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.

Indexing (document details)
Advisor: Cronin-Furman, Kate
School: University of London, University College London (United Kingdom)
Department: Political Science
School Location: England
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
Publication Number: 28153990
ISBN: 9798691281914
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