Jurisdictional immunities of the state: Germany v Italy
Version 2 2024-06-13, 10:34Version 2 2024-06-13, 10:34
Version 1 2017-06-05, 12:33Version 1 2017-06-05, 12:33
journal contribution
posted on 2024-06-13, 10:34authored byS Shah
In a disappointing judgment for human rights activists, the International
Court of Justice (ICJ or ‘Court’) appears to have hammered the final nail in the
coffin1 on the possibility that a state can be sued for serious violations of international
human rights and international humanitarian law in the national
courts of another state. In its judgment in the Jurisdictional Immunities
(Germany v Italy, Greece Intervening) case, the ICJ held that there was no
exception for violations of international human rights law or international humanitarian
law to the customary international law rule providing for the immunity
of a state from the jurisdiction of another state.