Prime Minister Giorgia Meloni revealed in a television interview on 7 October last have been reported to the International Criminal Court (ICC) for alleged international crimes, in particular for the crime of “complicity in genocide”. The complaint also involves Foreign Minister Antonio Tajani, Defense Minister Guido Crosetto and Leonardo’s CEO Roberto Cingolani.
The complaint was most likely presented by the group Jurists and lawyers for Palestine, accusing the government of complicity in crimes against humanity and genocide in Gaza. According to the protests, Italy continued to provide military support to Israelthus contributing to human rights violations in the conflict. Meloni defined the incident as “a unique case in the world”, underlining that Italy has not authorized new supplies of weapons to Israel since 7 October 2023.
What is the International Criminal Court and what does it do?
There International Criminal Court is a permanent international court established to investigate, prosecute and try individuals accused of committing serious crimes for the entire international community. Over 120 countries are part of the Rome Statutethe founding treaty of the Court, representing various regions of the world: Africa, Asia, Latin America and Europe. However, Countries of great importance as the United States, China, India, Israel and Russia are not members of the Court.
The Rome Statute gives the ICC jurisdiction over four main categories of crimes: among these are crimes against humanity, war crimes and crimes of aggression, i.e. the use of armed force by a State against the sovereignty, integrity or independence of another State. The last category is that of the crime of genocidecharacterized by the specific intent to destroy, in whole or in part, a national, ethnic or racial group. According to the law, this can be perpetrated in various ways:
- Killing members of a group or causing them serious physical or mental harm;
- Deliberately inflicting living conditions on the group that cause its total or partial physical destruction;
- Imposing measures to prevent births within the group;
- Forcibly transferring the children of the group to another group.
Meloni reported: what is the alleged crime
The complicity in genocide is a serious crime under international law and involves intentionally assisting, supporting or encouraging the commission of genocidal acts. This may include providing weapons, financial support or other resources to those responsible for the genocide. This concept is enshrined in the Convention for the Prevention and Punishment of the Crime of Genocide of 1948 (Genocide Convention), which criminalizes not only direct acts, but also complicity.
Article III of the Convention specifically lists “complicity in genocide” as a punishable act, treating it with the same severity as the direct commission of genocide itself. In the context of the International Criminal Court (ICC), complicity in genocide is a charge that can be brought against individuals who, while not directly committing genocidal acts, play a significant role in enabling or facilitating such acts.
In international criminal tribunals created to prosecute war crimes, crimes against humanity and genocide such asICTR (for Rwanda) or theICTY (for the former Yugoslavia), the contest was sometimes considered a distinct punishable act. In the case of Meloni, the complaint highlights Italy’s role in the supply of lethal weapons to Israel during the ongoing conflict, suggesting that such actions may have contributed to genocidal acts against Palestinians.
How the ICC process works and what consequences it foresees
As an international tribunal, the ICC legal process it may function differently than that of the relevant national jurisdiction. The general process is as follows:
- Preliminary exam: The Prosecutor assesses whether there are sufficient grounds to open an investigation into crimes falling within the jurisdiction of the ICC.
- Investigations: Collection of evidence and identification of suspects, with possible issuing of arrest warrant or summons to appear.
- Pre-trial phase: Judges confirm the suspect’s identity and decide whether there is enough evidence to proceed to trial.
- Process step: The prosecution presents the evidence before the judges, who issue the verdict and, if guilty, the sentence.
- Appeal phase: The Prosecutor’s Office, Defence, victims or the condemned can contest the verdict, sentence or compensation, and the Appeals Chamber issues the final decision.
- Execution of the sentence: The sentence is served in a state that carries out ICC sentences or, if the verdict is not upheld, the accused is released.
In the case of the prime minister, despite the complaint, the ICC has not yet officially confirmed the launch of a preliminary investigation against Meloni or the others reported. A trial, if it were to take place, could lead to both acquittal (if the evidence is not sufficiently solid) and conviction (if acts of complicity and knowledge are established). However, a condemnation against Western leadersespecially for something as serious as genocide, it is something rare and difficult.
As regards sentencing, the Rome Statute provides for prison sentences up to 30 years, or life imprisonment in extremely serious cases, depending on the severity of the crime and the person’s role. The actual duration would depend on factors such as the severity of the wrongdoing, personal contribution or knowledge of the facts.
Even in the event of a conviction, the execution of the sentence can be very complex: the ICC does not have its own prison; Convicted persons serve their sentences in states that have agreed to host prisoners of the Court. Furthermore, prove genocide (and complicity with awareness) it’s complex: You must prove intent (or knowledge) to destroy, in whole or in part, a protected group.
Considering all this, the case it may never come to trial complete. If it goes to trial, it is more likely that Meloni will be acquitted (if the evidence is weak or circumstantial) or possibly convicted of lesser charges (e.g. aiding or abetting war crimes or crimes against humanity, rather than aiding and abetting genocide). Even without a conviction, however, a trial it could still entail political costsboth for Meloni personally and for his government.
