La cultura giuridico militare e i crimini di guerra nazifascisti

Were the Italian military judges entrusted with the prosecution of nazifascist war criminals the best fit to the task? Could the military law of war with which they had to operate make their work easier? The present research tries to provide an answer through a survey of international law as well as war beginning from the birth of the Italian State. The aim is that of understanding the "cultural" formation of those individuals who, just as the same representatives of the military justice, had fought from the benches of the military tribunals of war the partisan guerrilla which had generated most of the incriminated acts of violence. The difficulty in conceiving a clear responsibility for the actions of Nazi regular troops and especially the obligation to punish them show a problematic acceptance of the dynamics of World War II where the distinction between “regular” and “irregular” combatants disappeared.