With judgment no. 238 of 22 October 2014, the Italian Constitutional Court (ICC) deemed that the international customary law of State immunity from the civil jurisdiction of other States, as established by the International Court of Justice (ICJ) just two years earlier in a dispute that also on that occasion involved Germany and Italy and regarded similar war crimes, does not hold or have any effect within the Italian legal order.
Lamarque, E. (2015). Some WH Questions about the Italian Constitutional Court’s Judgment on the Rights of the Victims of the Nazi Crimes. ITALIAN JOURNAL OF PUBLIC LAW, 6(2), 197-211.
Some WH Questions about the Italian Constitutional Court’s Judgment on the Rights of the Victims of the Nazi Crimes
LAMARQUE, ELISABETTA
2015
Abstract
With judgment no. 238 of 22 October 2014, the Italian Constitutional Court (ICC) deemed that the international customary law of State immunity from the civil jurisdiction of other States, as established by the International Court of Justice (ICJ) just two years earlier in a dispute that also on that occasion involved Germany and Italy and regarded similar war crimes, does not hold or have any effect within the Italian legal order.
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