Indirect Perpetration and ›Organisationsherrschaftslehre‹.
ISBN:
978-3-428-18359-3
Verlag:
Duncker & Humblot
Land des Verlags:
Deutschland
Erscheinungsdatum:
25.08.2021
Reihe:
Beiträge zum Internationalen und Europäischen Strafrecht - Studies in International and European Criminal Law and Procedure
Format:
Softcover
Seitenanzahl:
286
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The book analyses indirect perpetration within the meaning and interpretation of article 25(3)(a), third alternative, of the Rome Statute from a comparative perspective. Through a critical analysis, Giulia Lanza examines the control over the organization theory, adopted by the majority to interpret the provision. The objective of the author is to verify whether the dominant approach – resulting from the transposition of Roxin’ s Organisationsherrschaftslehre at the ICC – constitutes a feasible solution in the interpretation and application of article 25 (3)(a), third alternative, of the Rome Statute, or whether it is preferable to rely on different approaches inspired by other legal systems, such as the Italian system. The author concludes that the reliance on the Organisationsherrschaftslehre constitutes an important step in the path towards the development of autonomous ICL doctrine regarding indirect perpetration.
Biografische Anmerkung
Giulia Lanza studied law at the University of Verona (Italy). In 2010 and 2011 she worked at the ICTY and at the ICC as a legal assistant. In 2014 she was admitted to the Italian Bar Association. She spent several research periods abroad, in particular in Göttingen, at the Institute of Criminal Law, Criminal Procedure and International Criminal Law, Department for Foreign and International Criminal Law and in London, at the Department of Law of the University of Middlesex. In 2018, she earned a European PhD (“Doctor Europaeus”) in European and International Legal Studies according to a cotutelle agreement between the University of Verona and the Georg-August Universität Göttingen. She has been a research associate in Criminal Law at the Department of Law of the University of Verona. Her main fields of research are criminal law, international criminal law, humanitarian law, cybercrime and cyberwarfare.
