Il diritto penale e la guerra. Suggestioni da N. Irti, Il silenzio del diritto mentre la guerra infuria

The paper starts from a consideration, published by Natalino Irti in a prestigious newspaper, about the inanity of the law concerning the most dramatic events in history and regarding wars. This reflection refers mainly to the constitutional and international law, absolving civil and criminal law because they are aimed at the regulation of the ordinary life. In dialogue with this approach, the essay intends to point out that the traditional model of justice, as currently supported by the criminal law, is the same through which wars have been justified over the centuries, having been outlined as righteous wars by those who have undertaken them. From this derives the urgency to overcome this model of justice, with the aim of avoiding the destruction of the planet. Therefore, it is possible to identify three driving forces derived, in an unexpected way, precisely from contemporary criminal thinking: the awareness of the fact that justice and effective prevention cannot consist of retribution of the negative respect with a corre-sponding negative judgment directed at any other person; the unavoidable role of the factors that facili-tate the occurrence of tragic events and, with this, the role of primary prevention, which implies a sense of co-responsibility towards those factors; even when tragic events have occurred, the possibility of re-turning to fair relationships, as can be inferred from the restorative justice procedures.