The Author welcomes the Constitutional Court decision no. 238, as it proclaimed the overriding value of judicial protection of fundamental individual rights against the rule of foreign state immunity. Though regarding the decisions of the ICJ and of the European Court of Human Rights in Jones v United Kingdom as authoritative assessments of the current state of customary international law, the Italian Constitutional Court willfully adopted an opposite stance with respect to the much debated issue of the limits of state immunity when the individual claim is based upon severe violations of humanitarian law. The Court’s decision sets the premises to promote a tort exception to the rule of state immunity, which may hopefully evolve into a general practice to be accepted as a new customary international law rule.
Perché è bene che la sentenza 22 ottobre 2014 n. 238 sia stata scritta e che sia italiana
CIAMPI, Annalisa
2015-01-01
Abstract
The Author welcomes the Constitutional Court decision no. 238, as it proclaimed the overriding value of judicial protection of fundamental individual rights against the rule of foreign state immunity. Though regarding the decisions of the ICJ and of the European Court of Human Rights in Jones v United Kingdom as authoritative assessments of the current state of customary international law, the Italian Constitutional Court willfully adopted an opposite stance with respect to the much debated issue of the limits of state immunity when the individual claim is based upon severe violations of humanitarian law. The Court’s decision sets the premises to promote a tort exception to the rule of state immunity, which may hopefully evolve into a general practice to be accepted as a new customary international law rule.
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