Human dignity in armed conflict: perspectives from international criminal law and italian military law

Abstract

The paper examines human dignity as a foundational principle in the legal system, focusing on international criminal law and military justice. After highlighting its centrality in the Italian Constitution and supranational instruments (Rome Statute, EU Charter), the analysis criticizes the 1941 Italian Wartime Code, deemed not fully aligned with the Rome Statute on crimes against humanity. The document mentions the stalled Proposed Code of International Crimes, which included cultural genocide. Finally, it examines Bill No. 1135/2024 to introduce the crime of sexual violence in armed conflict (universal jurisdiction) into the Italian Criminal Code, proposing amendments such as gender-neutral language and a separate offense for the failure of superiors to prevent such crimes. These legislative initiatives are viewed as a significant step towards a more complete protection of human dignity.