Is There State Immunity in Cases of War Crimes Committed in the Forum State? On the Decision of the International Court of Justice (ICJ) of 3 February 2012 inJurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)-Reference-Cited by-同舟云学术

Is There State Immunity in Cases of War Crimes Committed in the Forum State? On the Decision of the International Court of Justice (ICJ) of 3 February 2012 inJurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)

Published:2013-09-01 Issue:9 Volume:14 Page:1817-1850
ISSN:2071-8322
Container-title:German Law Journal
language:en
Short-container-title:Ger. law j.

Author:

Blanke Hermann-Josef,Falkenberg Lara

Abstract

On 3 February 2012, in a case brought by the Federal Republic of Germany against Italy, the ICJ decided that state immunity protects the state against compensation claims even in cases of extreme violations of human rights. With this ruling, the court established a provisional conclusion to the question of possible exceptions to state immunity in respect of jurisdictional immunity of the state and constraint measures in civil claims. This question has repeatedly arisen in recent years not only in international and European cases, but also in other national cases.

Publisher

Cambridge University Press (CUP)

Subject

Law

Reference198 articles.

1. Trendtex Trading Corp. v. Central Bank of Nigeria (1977) 1 Q.B. 529, 556

2. Dissenting Opinion of Judge Yusuf, Jurisdictional Immunities of the State (Ger. v. It.), 2012 I.C.J. 143, 46 (Feb. 3).

3. Kamminga, supra note 151, at 5.

4. See Verena Jüt te, Die United Na t i o n s Compensation Commission 58 (1999) (arguing that in the case of the UNCC, Iraq was not involved in the proceedings and was unable to comment on the lawsuits).

5. Kamminga Menno T. , Towards a Permanent International Claims Commission for Victims of Violations of International Humanitarian Law, 25 Windsor Yearbook of Access to Justice 23 (2007), http://arno.unimaas.nl/show.cgi?fid=3610.

Cited by 2 articles. 订阅此论文施引文献订阅此论文施引文献，注册后可以免费订阅5篇论文的施引文献，订阅后可以查看论文全部施引文献

1. Can Human Rights Overcome State Immunity? National Courts at the Crossroads;Sovereign Immunity Under Pressure;2022

2. The Concept of International Law: The German Perspective;European International Law Traditions;2020-11-21