Transitional Justice in Italy and the Crimes of Fascism and Nazism

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Paolo Caroli (Alexander von Humboldt Foundation, Faculty of Law, Humboldt-University; Faculty of Law, University of Trento, Italy.)

Transitional Justice in Italy and the Crimes of Fascism and Nazism

Paolo Caroli (Alexander von Humboldt Foundation, Faculty of Law, Humboldt-University; Faculty of Law, University of Trento, Italy.)

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English

Routledge
29 January 2024

European history; Politics & government; Comparative law; Criminology: legal aspects; Constitutional & administrative law

Series: Routledge Research in Legal History

This book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective.

Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the complexity of the interdependencies between time, historical memory and the use of criminal law.

In a historical moment marked by the resurgence of racism, neo-Fascism, falsifications of the past, as well as the desire to amend the faults of the past, the Italian unfinished experience of dealing with the Fascist era can help move the discussion forward. The book will be an essential reading for students, researchers and academics in International Criminal Law, Transitional Justice, History, Memory Studies and Political Science.

By: Paolo Caroli (Alexander von Humboldt Foundation Faculty of Law Humboldt-University; Faculty of Law University of Trento Italy.)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 517g
ISBN: 9781032226231
ISBN 10: 1032226234
Series: Routledge Research in Legal History
Pages: 268
Publication Date: 29 January 2024
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

1. Historical, legal and judicial context of the transition 2. The Togliatti amnesty 3. The Togliatti amnesty within the framework of transitional justice 4. The Italian experience within the framework of transitional justice 5. The legacy of the Italian transitional justice

Paolo Caroli is Lecturer of Criminal Law in the Faculty of Law at the University of Turin, Italy. Previously, he was Fellow of the Alexander von Humboldt Foundation in the Faculty of Law at the Humboldt University of Berlin, Germany.