Public Prosecutor and Another v. Lozano

Abstract

Jurisdiction — Criminal jurisdiction — Extraterritorial jurisdiction — Multinational Force in Iraq — Member of United States contingent charged with murder and attempted murder of Italian nationals allegedly committed in Iraq — Whether Italian courts possessing jurisdiction — Passive personality principle — Whether State of “the flag” possesses exclusive jurisdiction — State immunity

State immunity — Jurisdictional immunity — Officials — Member of armed forces — Member of United States contingent in Multinational Force in Iraq — Shooting of three Italian nationals — Whether soldier immune from prosecution in Italy — Whether exception to immunity in the case of war crimes and crimes against humanity — Evolving exception — Whether applicable to the facts

International organizations — United Nations — Security Council — Iraq — Security Council resolution 1546 (2004) — Multinational Force in Iraq — Whether operating within United Nations framework

War and armed conflict — War crimes — Crimes against humanity — Whether exception to State immunity — Iraq — Multinational Force — Terms of presence in Iraq — The law of Italy