Case Note: Jurisdictional Immunities of the State (Germany v Italy - Greece Intervening) (Judgment) (International Court of Justice, General List No 143, 3 February 2012)
(2012) 19 Australian International Law Journal 251
7 Pages Posted: 28 May 2013 Last revised: 26 Apr 2015
Date Written: May 28, 2013
On 3 February 2012, the International Court of Justice (‘ICJ’) adjudged a dispute between the Federal Republic of Germany and the Italian Republic — the Hellenic Republic intervening. The dispute concerned Germany’s purported immunity in Italian courts for atrocities committed by German troops during World War II. Ultimately, Germany’s immunity was upheld, marking a pivotal moment in foreign sovereign immunity and bringing to a head years of conjecture about what may be loosely termed a human rights exception to state immunity. The ruling should prove fundamental to further development in the field.
Keywords: Foreign state immunity, Germany v Italy, Jurisdictional immunities, ICJ, Ferrini, Distomo, Human Rights Exception
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