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Micaela Frulli

Università degli Studi di Firenze (University of Florence), Dipartimento di Scienze Giuridiche, Faculty Member

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Micaela Frulli is currently Full Professor of International Law at the University of Florence. She obtained her Phd in International Law at the University “Federico II” of Naples (2000) and she was Marie Curie Fellow at the Law Department of the European University Institute (2010). She has done extensive research in public international law, international criminal law, the law of international organizations and human rights law. Her publications include 2 monographs in Italian on "Immunità e crimini internazionali" (Torino, 2007) and "Le operazioni di manteneimnto della pace. Continuità di un modello normativo" (Napoli, 2012) and several articles in international law reviews and books.
Phone: +39-0552759511
Address: via delle pandette 21, 50127 Firenze, Italy

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UNL - New University of Lisbon

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francesco clementi

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Gianpaolo Maria Ruotolo

Università Di Foggia

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The University of Sydney

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Papers by Micaela Frulli

Scope of the Convention

Purposes of the Convention

Introduction to Preventing and Combating Violence Against Women and Domestic Violence

International Criminal Justice at the Russia-Ukraine Crossroads

The Italian yearbook of international law, Nov 5, 2023

Un passo avanti e due indietro: responsabilità individuale e responsabilità statale nella sentenza della Corte internazionale di giustizia nel caso Bosnia-Erzegovina c. Serbia

SOMMARIO: 1. Il riconoscimento esplicito di una doppia responsabilità, indivi-duale e statale, pe... more

Fidel Castro (Spain)

La pubblicazione è resa disponibile sotto le norme e i termini della licenza di deposito, secondo... more

War Crimes and the Conduct of Hostilities

Edward Elgar Publishing eBooks, Sep 30, 2013

The Duty of Care of International Organizations Towards Their Civilian Personnel

T.M.C. Asser Press eBooks, 2018

No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form ... more No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

War Crimes and the Conduct of Hostilities: Challenges to Adjudication and Investigation Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli Edward Elgar, 2013, 416 pp, $155 hb ISBN 978 1 78195 591 8

Israel Law Review, 2015

International Criminal Law and the Protection of Cultural Heritage

The Oxford Handbook of International Cultural Heritage Law

This chapter looks at how international criminal law has become a crucial tool to foster the prot... more This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against cultural property in binding treaties dealing with the protection of cultural property in times of armed conflict. Then, international criminal tribunals (ICTs) paved the way for implementing individual criminal responsibility. Three different and partially divergent approaches have characterized the criminalization of acts against cultural property. The first two—civilian use and cultural value—emerged in different moments and had a strong impact on the drafting of rules criminalizing acts against cultural property in times of armed conflict. The third one, the human dimension approach, developed from the jurisprudence of ICTs and characterizes both the qualification of acts against cultural property as crimes against humanity and their role in pro...

Jurisdiction ratione personae

Le Nazioni Unite e La Codificazione Del Diritto Internazionale Penale

saggio contenuto nel volume Atti Covegno SIDI 2018 Ferrara, a cura di F.Salerno, S.Forlati e A.An... more

Le attività di assistenza e monitoraggio elettorale dell’Unione europea

The Challenge of Outlining the CBRN Definitional Framework

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events, 2022

This is an open access chapter distributed under the terms of the CC BY-NC-ND 4.0 license.

On the Existence of a Customary Rule Granting Functional Immunity to State Officials and Its Exceptions: Back to Square One

Duke Journal of Comparative and International Law, 2016

TABLE OF CONTENTS INTRODUCTION: BACK TO SQUARE ONE I. IS THERE A GENERAL CUSTOMARY RULE GRANTING ... more TABLE OF CONTENTS INTRODUCTION: BACK TO SQUARE ONE I. IS THERE A GENERAL CUSTOMARY RULE GRANTING FUNCTIONAL IMMUNITY TO ALL STATE OFFICIALS? A. Controversial Cases B. Visiting Armed Forces C. Consular Agents D. High-Ranking State Officials E. Some Tentative Conclusions II. THE RATIONALE OF FUNCTIONAL IMMUNITY RULES III. CAN WE TALK ABOUT AN EXCEPTION FOR INTERNATIONAL CRIMES? CONLUSION: A FEW THOUGHTS ON A MORE GENERAL LEVEL INTRODUCTION: BACK TO SQUARE ONE About ten years ago, I decided to study both the functional immunity of state officials from foreign jurisdiction and its exceptions in depth. I operated from a basic assumption commonly made in public international law manuals: there exists a general customary rule granting all state officials exercising their official functions immunity ratione materiae from the jurisdiction of foreign states. However, I soon realized that a step backward was necessary. An incredible magnitude and variety of documents, elements of state practic...

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events

Is there Still a Chance of Revitalizing the United Nations Security Council?

German Law Journal, 2001

As professor Antonio Cassese rightly said in a public speech on September 26, the terrorist attac... more As professor Antonio Cassese rightly said in a public speech on September 26, the terrorist attacks on the US not only caused an unbearable number of innocent victims, but they are also disrupting some of the most important international legal categories that seemed to be consolidated until September 11, 2001.

The Draft Articles on Crimes Against Humanity and Immunities of State Officials

Journal of International Criminal Justice, 2018

Advancing the Protection of Cultural Property Through the Implementation of Individual Criminal Responsibility: The Case-Law of the International Criminal Tribunal for the Former Yugoslavia

The Italian Yearbook of International Law Online, 2005

this Protocol. 1. Any person commits an offence within the meaning of this Protocol if that perso... more this Protocol. 1. Any person commits an offence within the meaning of this Protocol if that person intentionally and in violation of the Convention or this Protocol commits any of the following acts: a. making cultural property under enhanced protection the object of attack; b. using cultural property under enhanced protection or its immediate surroundings in support of military action; c. extensive destruction or appropriation of cultural property protected under the Convention and this Protocol; d. making cultural property protected under the Convention and this Protocol the object of attack; e. theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention. 2. Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law the offences set forth in this Article and to make such offences punishable by appropriate penalties. When doing so, Parties shall comply with general principles of law and international law, including the rules extending individual criminal responsibility to persons other than those who directly commit the act. See also the following Articles included in Chapter 4 Criminal responsibility and jurisdiction." JONES, The Rome Statute of The International Criminal Court. A Commentary, Oxford, 2002. The components of cultural property contained in Article 8 are, as one may quickly notice, very similar to those contained in Article 3 d). The only relevant difference is that Article 8 of the ICC Statute includes hospitals and places where the sick and wounded are collected in the same list as cultural property. (This fact alone underlines the importance attached to the protection of buildings dedicated to religion, education, art, science or charitable purposes, and historic monuments.) It is the same approach chosen in Article 27 of the Hague Regulations, mentioned above. In sum, notwithstanding the lack of a universal definition for cultural property, various instruments furnish sufficient guidelines to identify protected sites and property.

Scope of the Convention

Purposes of the Convention

Introduction to Preventing and Combating Violence Against Women and Domestic Violence

International Criminal Justice at the Russia-Ukraine Crossroads

The Italian yearbook of international law, Nov 5, 2023

Un passo avanti e due indietro: responsabilità individuale e responsabilità statale nella sentenza della Corte internazionale di giustizia nel caso Bosnia-Erzegovina c. Serbia

SOMMARIO: 1. Il riconoscimento esplicito di una doppia responsabilità, indivi-duale e statale, pe... more

Fidel Castro (Spain)

La pubblicazione è resa disponibile sotto le norme e i termini della licenza di deposito, secondo... more

War Crimes and the Conduct of Hostilities

Edward Elgar Publishing eBooks, Sep 30, 2013

The Duty of Care of International Organizations Towards Their Civilian Personnel

T.M.C. Asser Press eBooks, 2018

No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form ... more No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

War Crimes and the Conduct of Hostilities: Challenges to Adjudication and Investigation Edited by Fausto Pocar, Marco Pedrazzi and Micaela Frulli Edward Elgar, 2013, 416 pp, $155 hb ISBN 978 1 78195 591 8

Israel Law Review, 2015

International Criminal Law and the Protection of Cultural Heritage

The Oxford Handbook of International Cultural Heritage Law

This chapter looks at how international criminal law has become a crucial tool to foster the prot... more This chapter looks at how international criminal law has become a crucial tool to foster the protection of cultural heritage. On the normative level, the main developments consisted in the introduction of rules criminalizing acts against cultural property in binding treaties dealing with the protection of cultural property in times of armed conflict. Then, international criminal tribunals (ICTs) paved the way for implementing individual criminal responsibility. Three different and partially divergent approaches have characterized the criminalization of acts against cultural property. The first two—civilian use and cultural value—emerged in different moments and had a strong impact on the drafting of rules criminalizing acts against cultural property in times of armed conflict. The third one, the human dimension approach, developed from the jurisprudence of ICTs and characterizes both the qualification of acts against cultural property as crimes against humanity and their role in pro...

Jurisdiction ratione personae

Le Nazioni Unite e La Codificazione Del Diritto Internazionale Penale

saggio contenuto nel volume Atti Covegno SIDI 2018 Ferrara, a cura di F.Salerno, S.Forlati e A.An... more

Le attività di assistenza e monitoraggio elettorale dell’Unione europea

The Challenge of Outlining the CBRN Definitional Framework

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events, 2022

This is an open access chapter distributed under the terms of the CC BY-NC-ND 4.0 license.

On the Existence of a Customary Rule Granting Functional Immunity to State Officials and Its Exceptions: Back to Square One

Duke Journal of Comparative and International Law, 2016

TABLE OF CONTENTS INTRODUCTION: BACK TO SQUARE ONE I. IS THERE A GENERAL CUSTOMARY RULE GRANTING ... more TABLE OF CONTENTS INTRODUCTION: BACK TO SQUARE ONE I. IS THERE A GENERAL CUSTOMARY RULE GRANTING FUNCTIONAL IMMUNITY TO ALL STATE OFFICIALS? A. Controversial Cases B. Visiting Armed Forces C. Consular Agents D. High-Ranking State Officials E. Some Tentative Conclusions II. THE RATIONALE OF FUNCTIONAL IMMUNITY RULES III. CAN WE TALK ABOUT AN EXCEPTION FOR INTERNATIONAL CRIMES? CONLUSION: A FEW THOUGHTS ON A MORE GENERAL LEVEL INTRODUCTION: BACK TO SQUARE ONE About ten years ago, I decided to study both the functional immunity of state officials from foreign jurisdiction and its exceptions in depth. I operated from a basic assumption commonly made in public international law manuals: there exists a general customary rule granting all state officials exercising their official functions immunity ratione materiae from the jurisdiction of foreign states. However, I soon realized that a step backward was necessary. An incredible magnitude and variety of documents, elements of state practic...

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events

Is there Still a Chance of Revitalizing the United Nations Security Council?

German Law Journal, 2001

As professor Antonio Cassese rightly said in a public speech on September 26, the terrorist attac... more As professor Antonio Cassese rightly said in a public speech on September 26, the terrorist attacks on the US not only caused an unbearable number of innocent victims, but they are also disrupting some of the most important international legal categories that seemed to be consolidated until September 11, 2001.

The Draft Articles on Crimes Against Humanity and Immunities of State Officials

Journal of International Criminal Justice, 2018

Advancing the Protection of Cultural Property Through the Implementation of Individual Criminal Responsibility: The Case-Law of the International Criminal Tribunal for the Former Yugoslavia

The Italian Yearbook of International Law Online, 2005

this Protocol. 1. Any person commits an offence within the meaning of this Protocol if that perso... more this Protocol. 1. Any person commits an offence within the meaning of this Protocol if that person intentionally and in violation of the Convention or this Protocol commits any of the following acts: a. making cultural property under enhanced protection the object of attack; b. using cultural property under enhanced protection or its immediate surroundings in support of military action; c. extensive destruction or appropriation of cultural property protected under the Convention and this Protocol; d. making cultural property protected under the Convention and this Protocol the object of attack; e. theft, pillage or misappropriation of, or acts of vandalism directed against cultural property protected under the Convention. 2. Each Party shall adopt such measures as may be necessary to establish as criminal offences under its domestic law the offences set forth in this Article and to make such offences punishable by appropriate penalties. When doing so, Parties shall comply with general principles of law and international law, including the rules extending individual criminal responsibility to persons other than those who directly commit the act. See also the following Articles included in Chapter 4 Criminal responsibility and jurisdiction." JONES, The Rome Statute of The International Criminal Court. A Commentary, Oxford, 2002. The components of cultural property contained in Article 8 are, as one may quickly notice, very similar to those contained in Article 3 d). The only relevant difference is that Article 8 of the ICC Statute includes hospitals and places where the sick and wounded are collected in the same list as cultural property. (This fact alone underlines the importance attached to the protection of buildings dedicated to religion, education, art, science or charitable purposes, and historic monuments.) It is the same approach chosen in Article 27 of the Hague Regulations, mentioned above. In sum, notwithstanding the lack of a universal definition for cultural property, various instruments furnish sufficient guidelines to identify protected sites and property.

Il diritto internazionale in Italia di Antonio Cassese

Il diritto internazionale in Italia, 2021

Rinvenuto negli archivi storici dell’Unione europea, questo scritto sinora inedito ricostruisce l... more Rinvenuto negli archivi storici dell’Unione europea, questo scritto sinora inedito ricostruisce lo sviluppo della scienza giuridica internazionalistica italiana nel corso del Novecento. Come in un affresco a larghe tinte, Antonio Cassese tratteggia i punti di svolta nell’evoluzione della dottrina, abbozzando i profili di alcuni illustri studiosi. Una disamina preziosa per gli studenti che si avvicinano al diritto internazionale ma non solo, poiché insieme all’oggetto di indagine il saggio restituisce la parabola intellettuale e la passione civile di un maestro.

The Challenge of Outlining the CBRN Definitional Framework

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events, 2022

This is an open access chapter distributed under the terms of the CC BY-NC-ND 4.0 license.

International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events. Towards an All-Hazards Approach

by Micaela Frulli and Ludovica Poli

The volume investigates to what extent the international and European Union legal frameworks appl... more The volume investigates to what extent the international and European Union legal frameworks applicable to Chemical, Biological and Radio-Nuclear (CBRN) events are adequate to face current challenges. It is innovative in many aspects: it adopts an all-hazard approach to CBRN risks, focusing on events of intentional, accidental and natural origin; it explores international obligations according to the four phases of the emergency cycle, including prevention, preparedness, response and recovery; and it covers horizontal issues such as protection of human rights, international environmental law, new technologies, the role of private actors, as well as enforcement mechanisms and remedies available to victims. The book thus offers a new way of looking at the applicable rules of international law in this field.

L’AZIONE DELL’ONU PER IL MANTENIMENTO DELLA PACE, 75 ANNI DOPO: RISULTATI E PROSPETTIVE

by Ivan Ingravallo, Micaela Frulli, and Francesco Emanuele Celentano

Il presente Report è stato redatto con il sostegno finanziario del Ministero degli Affari Esteri ... more Il presente Report è stato redatto con il sostegno finanziario del Ministero degli Affari Esteri e della Cooperazione Internazionale, ai sensi dell'art. 23 bis del d.P.R. 18/1967. Le posizioni contenute nella presente pubblicazione sono espressione esclusivamente degli Autori e non rappresentano necessariamente le posizioni del Ministero degli Affari Esteri e della Cooperazione Internazionale.

Le Nazioni Unite e la codificazione del diritto internazionale penale

LA CODIFICAZIONE NELL’ORDINAMENTO INTERNAZIONALE E DELL’UNIONE EUROPEA, 2019

saggio contenuto nel volume Atti Covegno SIDI 2018 Ferrara, a cura di F.Salerno, S.Forlati e A.An... more

Immunità costituzionali e crimini internazionali

by Micaela Frulli and Giulio Enea Vigevani

Table of contents - Edited volume on immunities and international crimes

Le operazioni di peacekeeping delle Nazioni Unite: continuità di un modello normativo

Monografia sulle operazioni di peacekeeping dell'ONU, Editoriale Scientifica, 2012,