In its decision of 11 March 2004 in the Ferrini case, the Corte di cassazione declared that an Italian court could hear the application filed against the Federal Republic of Germany by an Italian national who had been deported to Germany during the Second World War and subjected to forced labour. The principle of the Ferrini decision was confirmed in a series of orders of 29 May 2008 and in a decision of 21 October 2008 by the Corte di cassazione setting aside the immunity claimed by the German state for war crimes and crimes against humanity committed by the Third Reich’s military forces in part or in full on Italian territory. This study offers a general presentation of this case law for the purposes of understanding its implications and its legal basis.
L’immunité de l’État responsable de crimes internationaux devant les jurisdictions italiennes
CIAMPI, Annalisa
2008-01-01
Abstract
In its decision of 11 March 2004 in the Ferrini case, the Corte di cassazione declared that an Italian court could hear the application filed against the Federal Republic of Germany by an Italian national who had been deported to Germany during the Second World War and subjected to forced labour. The principle of the Ferrini decision was confirmed in a series of orders of 29 May 2008 and in a decision of 21 October 2008 by the Corte di cassazione setting aside the immunity claimed by the German state for war crimes and crimes against humanity committed by the Third Reich’s military forces in part or in full on Italian territory. This study offers a general presentation of this case law for the purposes of understanding its implications and its legal basis.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
