This paper examines the main issues addressed in the Court's judgment in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) as well as its implications for current and future individual claims brought against the Federal Republic of Germany (or another foreign State) for the reparation of injury arising out of war crimes or crimes against humanity in Italy (or elsewhere). It ultimately questions the fundamental assumption of whether the ICJ is the appropriate forum for adjudicating this sort of cases.
The International Court of Justice between «Reason of State» and Demands for Justice by Victims of Serious International Crimes
CIAMPI, Annalisa
2012-01-01
Abstract
This paper examines the main issues addressed in the Court's judgment in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) as well as its implications for current and future individual claims brought against the Federal Republic of Germany (or another foreign State) for the reparation of injury arising out of war crimes or crimes against humanity in Italy (or elsewhere). It ultimately questions the fundamental assumption of whether the ICJ is the appropriate forum for adjudicating this sort of cases.
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