Pavel Caban

The decision of the International Court of Justice on the state immunity in the case of civil actions arising from serious breaches of human rights in armed conflicts

Jurisprudence 2/2013 Section: Articles Page: 22-27

Keywords: state imunity, armed conflict, serious violation of human rights, International Court of Justice

Abstract: The paper deals with the judgment by the International Court of Justice, dated 3 February 2012, in a dispute between the Germany and Italy concerning the jurisdictional immunities of the state in civil proceedings before Italian courts regarding claims for compensation arising out of serious violations of international humanitarian law, committed by German Reich on Italian territory during World War II. The arguments and conclusions contained in the judgment are supplemented with comments describing relevant broader context of the international legal regime of jurisdictional immunities of states.