Starvation as a war crime

Mascaro, Gianpaolo (A.A. 2020/2021) Starvation as a war crime. Tesi di Laurea in Diritto internazionale penale, Luiss Guido Carli, relatore Rosario Salvatore Aitala, pp. 129. [Single Cycle Master's Degree Thesis]

Full text for this thesis not available from the repository.

Abstract/Index

The evolution of the crime of starvation in the sources of law. Analysis of the interplay between international humanitarian law and human rights law. Change of perception of the acts of starvation: from the Lieber code of 1863 to the second world war. The acknowledgement of the right to food and the additional protocols I and II of 1977. The war crime of starvation in the ICC statute. Article 8 of the Rome statute of 1998. The inclusion of starvation in article 8.2 (b) of the Rome statute of 1998: the material and the mental element of the crime. The limits of article 8 and the need to extend the crime of starvation to the internal armed conflicts. The unjustifiability of the gap of article 8.2 (e) of the international criminal Court statute. The Swiss proposal and the amendment of article 8 of 2019. Starvation nowadays: the Syrian and Yemeni conflicts. Nature of the conflicts: civil wars and foreign interventions. Syrian and Yemeni civilians suffering from famine: attacks on civilian objects, blockades, sieges and their interference with the duty to not starve the population. Prosecution of the perpetrators of starvation in the context of the Syrian and Yemeni civil conflicts: the “tied hands” of the ICC. Alternative perspectives of prosecution.

References

Bibliografia e sitografia: pp. 112-126.

Thesis Type: Single Cycle Master's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair: Diritto internazionale penale
Thesis Supervisor: Aitala, Rosario Salvatore
Thesis Co-Supervisor: Mancini, Marina
Academic Year: 2020/2021
Session: Autumn
Deposited by: Alessandro Perfetti
Date Deposited: 29 Apr 2022 13:43
Last Modified: 29 Apr 2022 13:43
URI: https://tesi.luiss.it/id/eprint/32136

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