Abstract

This article aims at ascertaining whether in the course of the investigations and proceedings that took place with regard to the extraordinary rendition of Abu Omar, Italy acted in compliance with international law, which requires an 'effective recourse' to be granted to the victim, even including the conviction and punishment of those responsible for severe human rights violations. To this end, the article focuses on the impacts that the lack of a specific criminal norm dealing with torture or enforced disappearance within the Italian legal system might have had on the case. Furthermore, the article considers the issues arising both from the recourse by Italian authorities to State secrecy and from the granting of pardon to one of the US citizens involved.