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Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)

International Court of Justice
2012 I.C.J. 99


Facts

Italian civilians brought a number of civil claims in various Italian courts against the German government for the atrocities committed in the latter stages of World War II, including the imprisonment, forced labor, and murder of civilians. The Italian courts ruled in favor of the Italian civilians. Germany (plaintiff) filed an application with the International Court of Justice, seeking to have the judgments set aside on account of the German government’s jurisdictional immunity. Italy (defendant) argued that the jus cogens rules against the imprisonment, forced labor, and murder of civilians conflicted with the customary international law of immunity. As a result, Italy argued that the jus cogens status of the prohibitions must override the law of immunity.

Rule of Law

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Issue

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Holding and Reasoning

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Dissent (Trindade, J.)

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