International crimes, State immunity and Italian jurisdiction: The dispute pending before the International Court of Justice between Germany and Italy
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Andrea Atteritano
Publishing Year 2011 Issue 2011/2
Language Italian Pages 27 P. 271-297 File size 270 KB
DOI 10.3280/DUDI2011-002003
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The Author deals with the dispute pending before the International Court of Justice (ICJ) between Germany and Italy regarding jurisdictional immunities enjoyed by foreign States in national proceedings relating to their civil liability for violation of norms of jus cogens. The Author highlights the position taken by the parties during and in relation to the proceedings (including the adoption of Italian Decree no. 63/2010) and criticizes the ICJ order declaring its lack of jurisdiction over the counterclaim introduced by Italy. Lastly, the Author suggests that the New York Convention on jurisdictional immunities of 2005 be ratified, although to implement it within the Italian legal system would require the adoption of ad hoc legislation (the so-called "ordine di esecuzione" being insufficient).
Andrea Atteritano, Crimini internazionali, immunità degli Stati, giurisdizione italiana: il contenzioso italo-tedesco dinanzi alla Corte internazionale di giustizia in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2011, pp 271-297, DOI: 10.3280/DUDI2011-002003