The domestic effect of international judgments in Italy: the Germany v. Italy case

Author/s Francesco Salerno
Publishing Year 2012 Issue 2012/2 Language Italian
Pages 21 P. 350-370 File size 240 KB
DOI 10.3280/DUDI2012-002007
DOI is like a bar code for intellectual property: to have more infomation click here

Below, you can see the article first page

If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits

Article preview

FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.

Article 10, para. 1, of the Italian Constitution ensures respect, within the Italian legal order, of the Judgment rendered by the ICJ on the 3rd of February 2012, in the Germany v. Italy case. By condemning Italy, the ICJ prevented those damaged by the wrongful acts perpetrated by Germany during World War II to claim compensation before the Italian courts. According to the ICJ, States can rely on immunity even for acts jure imperii in violation of jus cogens rules on armed conflict. Although this conclusion seems at variance with Articles 40-41 of the ILC Draft Articles on State Responsibility, national judges are bound by it. This obligation arises both from the primary rule Italy has violated, and from the obligation of reparation the ICJ placed upon Italy, calling on it to deprive of any legal effect all national judgments delivered so far against Germany. The Italian Constitution - under Article 10, para. 1, - allows for derogations on the constitutionally protected right of access to justice (Article 24) only insofar as equivalent remedies exist. Since there is no judicial alternative readily available to private individuals damaged by Germany during World War II, such individuals have a constitutionally protected right to call on Italy to exercise its diplomatic protection against Germany.

  • Sovereign Immunity Under Pressure Elisa Ruozzi, pp.247 (ISBN:978-3-030-87705-7)
  • Damages for Violations of Human Rights Graziella Romeo, pp.217 (ISBN:978-3-319-18949-9)

Francesco Salerno, Gli effetti della sentenza internazionale nell’ordinamento italiano: il caso Germania c. Italia in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2012, pp 350-370, DOI: 10.3280/DUDI2012-002007