Germany vs.

Italy
On 3rd February 2012, the International Court of Justice (ICJ)

Finally, all other submissions made by Germany were

gave final judgment inJurisdictional Immunities of the

unanimously rejected.

State (Germany v Italy: Greece Intervening). (There

are also someseparate opinions). Essentially, the case was
concerned with the principle of State Immunity in

In a separate but concurring judgment, Judge Keith pointed

international law and in this post I seek to bring together a

out that Germany accepted that dreadful violations of

number of resources available via the internet which will,

international law occurred in the 1940s but that was not the

hopefully, explain the decision and its implications.

issue before the court which was only concerned with

Germanys claim to immunity from the jurisdiction of Italian
courts over the proceedings based on those events.

The ICJ held that:

The separate opinions include dissents by Judges Cancado
Trindade, Yusuf and Judge ad hoc Gaja. Judge Yusuf said that
Italy had violated its obligation to respect the immunity which

the court had a unique opportunity to clarify international law

Germany enjoys under international law by:

by establishing a "a limited and workable exception to

jurisdictional immunity in those circumstances where the
victims have no other means of redress." He ended his

1. allowing civil claims to be brought against it based on

judgment by saying:

violations of international humanitarian law committed by the

German Reich between 1943 and 1945 - (12 votes to 3);

"The assertion of jurisdiction by domestic courts in those

exceptional circumstances where there is a failure to make
reparations, and where the responsible State has admitted to

2. taking measures of constraint against Villa

the commission of serious violations of humanitarian law,

Vigoni (German State property in Italy) - (14 votes to 1);

without providing a contextual remedy for the victims, does

not, in my view, upset the harmonious relations between
States, but contributes to a better observance of international

3. declaring enforceable in Italy decisions of Greek courts

human rights and humanitarian law."

based on violations of international humanitarian law

committed in Greece by the German Reich - (14 votes to 1);

Judge Cancado Trindade's dissent was unequivocal - "...

my firm position is that there is no State immunity for
international crimes, for grave violations of human rights and

It was further held that Italy must, by enacting appropriate

of international humanitarian law. In my understanding, this is

legislation, or by resorting to other methods of its choosing,

what the International Court of Justice should have decided in

ensure that the decisions of Italian courts (and other judicial

the present Judgment."

authorities) which infringe the immunity of Germany shall

cease to have effect - (14 votes to 1).