Tracing the positive obligations of criminal law from the jurisprudence of the European Court of Human Rights and the International Criminal Court. Possible tests of a not yet definitive model for an evolving interpretative reconstruction

Abstract: The present work aims to investigate in a comparative manner through the jurisprudence of the European Court of Human Rights and the statutes of the international criminal courts the criminal sector, as traces of the general part of criminal law. It is a criminal law of reconstructive theoretical model with evolving interpretative perspectives especially of the jurisprudence of the international criminal tribunals which aims to build positive models for criminal protection. It carries out through the relative jurisprudence steps forward by building a maturity in the general part of criminal law. Because of all this, crimes against humanity finally follow a punishable path, outside of political contexts of the past and put domestic law, as we see in the case of Germany, in a position of reflection regarding international crimes but also of harmonization, integration with international law leaving questions such as that of superior responsibility, etc. open, i.e. constantly evolving and reflecting.