Abstract

http://ssrn.com/abstract=1441206
 
 

Footnotes (130)



 


 



The Abu Omar Case in Italy: 'Extraordinary Renditions' and State Obligations to Criminalize and Prosecute Torture Under the UN Torture Convention


Francesco Messineo


University of Kent, Canterbury - Kent Law School

July 26, 2009

Journal of International Criminal Justice, Vol. 7, No. 5, pp. 1023-1044, 2009

Abstract:     
This article deals with state obligations under the UN Torture Convention, specifically the criminal prosecution of individuals for torture and complicity in torture incidental to ‘extraordinary renditions’, by focusing on Italy's obligations arising from the abduction of Mr Abu Omar. After addressing what ‘extraordinary renditions’ are and the wider context in which they occurred, the article considers the obligation to criminalize complicity in torture and its implementation in Italy. It then analyzes the ongoing Italian criminal proceedings concerning the abduction of Mr Abu Omar and concludes that they are not an adequate implementation of Italy’s obligation to prosecute complicity in torture under the Convention for a variety of reasons. In particular, it addresses the issue of ‘state secrecy’ which emerged during the proceedings and was decided upon by the Constitutional Court, and argues that it cannot be used to avoid international obligations under the Convention.

Number of Pages in PDF File: 30

Keywords: Abu Omar, extraordinary rendition, torture, torture convention, obligation to prosecute, Italy, international criminal law

JEL Classification: K33, K14

Accepted Paper Series


Download This Paper

Date posted: August 26, 2009 ; Last revised: July 27, 2010

Suggested Citation

Messineo, Francesco, The Abu Omar Case in Italy: 'Extraordinary Renditions' and State Obligations to Criminalize and Prosecute Torture Under the UN Torture Convention (July 26, 2009). Journal of International Criminal Justice, Vol. 7, No. 5, pp. 1023-1044, 2009. Available at SSRN: http://ssrn.com/abstract=1441206

Contact Information

Francesco Messineo (Contact Author)
University of Kent, Canterbury - Kent Law School ( email )
Kent Law School
Eliot College, The University of Kent
Canterbury, Kent CT2 7NS
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 2,135
Downloads: 360
Download Rank: 45,754
Footnotes:  130

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.391 seconds