Diletta Marchesi

Diletta Marchesi is a PhD Fellow of the Research Foundations Flanders (FWO) at KU Leuven. In her doctoral thesis, she aims to shed light on the interpretation of the war crimes of denying judicial guarantees and discusses international criminal law’s role in the protection of fair trial rights. At KU Leuven, she is teaching assistant and researcher involved in other research projects dealing with criminal justice and human rights. Since 2020, Diletta has been admitted to the bar in Italy. She was a rapporteur for the Oxford Reports on International Law in the field of International Human Rights Law (2021–2023). She has been trained as a lawyer at the European Court of Human Rights (2016), at the International Criminal Court’s Office of the Prosecutor (2016) and in law firms in Italy (2017–2018). In 2022, she was invited as visiting professional to provide legal advice on the war crime of sentencing and execution without due process by the Al Hassan defence team at the International Criminal Court. She also provides pro bono assistance to NGOs working in the field of criminal justice and human rights. She holds a combined LL.B. and LL.M. from the Alma Mater Studiorum—Università di Bologna, obtained magna cum laude. Her main areas of interest are international criminal law, international humanitarian law and human rights.

The War Crime of Sentencing or Execution without Due Process in the Al Hassan Case: The Interpretative Pitfalls Hidden in the Application of the Crime

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1. Introduction The Al Hassan case is the first-ever case before an international (or hybrid) criminal tribunal dealing with the war crime of sentencing or execution without due process. Mr Al Hassan is charged with the crime as an accomplice under Article 25(3)(2)(d) and/or (c) of the Statute for his alleged involvement, as an important member of the Islamic Police, …

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Petite Sardine or Big Fish? Rebel Governance and the ICC Al Hassan Trial

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On 25 May, the Defence finished their closing statements in the Al Hassan case at the International Criminal Court (ICC). The case relates to acts committed during the nine months of 2012 and 2013 that Ansar Dine and Al-Qaida in the Islamic Maghreb (AD/AQMI) controlled Timbuktu. The case stems from a self-referral by Mali in July 2012 …

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