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

* by Vasilis Giavris - Lawyer & Political Scientist

On 3 February 2012 the International Court of Justice in Hague (ICJ) delivered its decision in the matter of the Jurisdictional Immunities of the State (Germany v. Italy:  Greece intervening).

The ICJ was asked to adjudicate on the issue of “whether Germany is legally entitled to immunity before the Italian domestic courts with respect to the conduct of its armed forces in the course of the armed conflict”. 

The case was brought to the ICJ as a result of Italian Courts upholding judgments brought in Italian and Greek Courts against Germany by Italian and Greek citizens in relation to specific atrocities and violations of international humanitarian law committed against Italian and Greek citizens by the German army during the Second World War.

The Decision

By fourteen votes to one, the ICJ decided that Italy violated its obligation to respect the immunity which Germany enjoys under international law by declaring enforceable in Italy decisions of Greek courts based on violations of international humanitarian law committed in Greece by Germany.

The Court declared that Italy:

• violated the jurisdictional immunity which Germany enjoys under international law by allowing civil claims based on violations of international humanitarian law by the Germany between 1943 and 1945; and

• Italy has also committed violations of the immunity owed to Germany by declaring enforceable in Italy Greek judgments based on occurrences similar to those referred to above.

Important Exceptions

German Conduct

It should be noted that this case did not concern itself with the conduct of Germany’s armed forces during the Second World War or Germany’s international responsibility for such conduct.  It specifically dealt with the legal issue of state immunity and whether under international customary law Germany is legally entitled to immunity before the Italian domestic courts with respect to the conduct of its armed forces in the course of the armed conflict. 

German Occupation Loan from Greece

This decision did not deal with and should not be confused with the German Occupation loan obtained by means of duress by Germany from Greece in 1942. The loan was forced on Greece by Germany during the Second World War in order to partially fund the German occupation of Greece but primarily to fund the German war machine. 

Greece must not abandon its demands and must insist that Germany honors its international legal and moral obligations in respect of such loan.

A copy of the full court decision can be obtained from: 

http://www.icj-cij.org/docket/files/143/16899.pdf