Expolio y recuperación de las riquezas nacionalesnuevos retos para el Derecho Penal Internacional

Abstract

This thesis aims to study the looting and recovery of national wealth as being regulated by international criminal law. Exposure of the thesis is divided into an introduction, two parts, which in turn are divided into five chapters, and some final conclusions, plus an annex with a summary and conclusions of the thesis in Italian. In the first chapter we examine these issues from a criminological approach and criminal policy to try to contextualize and define the problem more deeply, placing it in the field of human rights, with emphasis on its causes and how devastating its effects, conceptually determine the plundering within the more extensive and diffuse phenomenon of corruption and paving the way to address it in code and criminal legal purely dogmatic. The second chapter focuses on the problem of the harmfulness to define the criteria supporting the criminalization of international plunder. Here we focus on the problem of legally protected try to realize precisely to overcome and fruitless generalizing concepts in national law and when compared to clarify the purpose of the various crimes committed by officials in the exercise of public functions . Alternatively, the emphasis is in line with the latest trends in the financial content of unfair behaviors divestment of public goods such as embezzlement. Also, to get to a conception of the legally? Comprehensive full extent of social damage involved large volumes plundering of public assets?, Resort in Britain and North America? Harm principle to what the different criteria for determining this includes the severity of damage. All of which allowed us to conclude that the specific legal right plundering, understanding the full gravity of the fact, is how the economic base of society ¿. The third chapter deals with the construction of a model type did? Plundering of national wealth in order to lay the foundation to be defined as a crime under international law. This is a preliminary analysis of international instruments have addressed the problem of appropriation of public property, showing its progress, but above all its limitations and shortcomings in addressing the phenomenon of theft. It also addresses the desirability of extending the jurisdiction of the International Criminal Court for these behaviors. The second part of the fourth chapter begins by addressing the mechanisms of recovery of confiscated property as remedial measure demand for simple justice and materials to preserve world peace. It gives an overview of international instruments developed to date for asset recovery and proposes the creation of an International Asset Recovery as a dependency of the International Criminal Court. In the fifth and final chapter presents the international legal architecture for the recovery of existing assets in different regions of the world.