The Court of Cassation rejected an appeal from three US nationals who had been sentenced in Italy for complicity in the abduction of the suspected terrorist Abu Omar, which occurred in Milan, in the framework of CIA ‘extraordinary rendition’ operations. Based on the Vienna Convention on Diplomatic Relations and the pertinent norms of general international law, these persons were not entitled to immunity from criminal jurisdiction, because those illicit acts were done by them as members of an intelligence organization, and not in the performance diplomatic or consular functions.
Decision of the Court of Cassation, V Criminal Section, No. 46340 of 19 September 2012
Decision of the Court of Appeal of Milan, III Criminal Section, of 1 February 2013
Decision of the Court of Appeal of Milan, IV Criminal Section, of 12 February 2013
Order of the Constitutional Court No. 244 of 21 October 2013
Decision of the Constitutional Court No. 24 of 10 February 2014
Decision of the Court of Cassation, I Criminal Section, No. 20447 of 24 February 2014