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Jurisdictional immunities of the state: Germany v Italy

Version 2 2024-06-13, 10:34
Version 1 2017-06-05, 12:33
journal contribution
posted on 2024-06-13, 10:34 authored by S 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.

History

Journal

Human rights law review

Volume

12

Pagination

555-573

Location

Oxford, Eng.

ISSN

1461-7781

eISSN

1744-1021

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal, C Journal article

Copyright notice

2012, The Author

Issue

3

Publisher

Oxford University Press