Wed 18 Feb 2026

Prosecuting Crimes Against Migrants Before Domestic Courts: Challenges of Extraterritorial Justice in Italy

Screenshot of the article

Our alumna Maria Crippa has published the article Prosecuting Crimes Against Migrants Before Domestic Courts: Challenges of Extraterritorial Justice in Italy in the Journal of International Criminal Justice based on her re:constitution Fellowship project on accountability for crimes against migrants.

The article examines Italian criminal proceedings concerning crimes committed against migrants in Libya and along the Central Mediterranean route. It situates these cases within broader international accountability efforts, including investigations by the Office of the Prosecutor of the International Criminal Court, and asks whether Italian practice reflects the wider trend of prosecuting core international crimes before domestic courts.

It shows how Italian courts have extended jurisdiction to crimes committed abroad not through classic universal jurisdiction, but through territorial principles linked to the arrival of survivors in Italy. While this approach holds potential for advancing accountability, proceedings have largely focused on lower-ranking perpetrators. At the same time, the absence of specific domestic provisions on international crimes forces courts to rely on ordinary criminal law, creating important legal and practical limitations.

This publication is open access and available here.

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