Il coinvolgimento della Corte penale internazionale nell'affrontare le condizioni dei migranti e le violazioni dei diritti umani in Libia: Un'analisi giuridica

This dissertation aims to cast a light on the cycles of abuses in which migrants and refugees are trapped in Libya. The criminal acts perpetuated against them are surrounded by a system of impunity, where the responsible have not been held liable yet in the proper forum. For this reason, a Communication was sent to the International Criminal Court (ICC) Prosecutor on the 19th of November 2021, under Article 15 of the Rome Statute, urging the International Criminal Court to open an investigation on this merit. To prove that the crimes committed against migrants and refugees in Libya can fall within the scope of the ICC jurisdiction there is the need to clarify all the proper legal elements. Subsequently, having identified the factual acts of violence perpetrated against the immigrant population, a legal analysis of whether these crimes amount to acts under ICC jurisdiction has to be carried out. The focus has been placed primarily on crimes against humanity and secondly on war crimes. Lastly, the issue of individual criminal responsibility has to be assessed, to properly put an end to this system of impunity. Under this spectrum, different levels of responsibilities have been analysed.