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Jurisdictional immunities of the state: Germany v Italy

journal contribution
posted on 2012-09-27, 00:00 authored by Sangeeta 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

Issue

3

Pagination

555 - 573

Publisher

Oxford University Press

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