On February 3, 2012, the International Court of Justice issued a ruling in a case between Germany and Italy concerning jurisdictional immunity of states. Between 1943-1945, German forces committed murders and abuse against many Italian civilians and military within Italian territory. Some Italian soldiers were also imprisoned by Germans and forced into labor. While Germany claimed right to jurisdictional immunity, Italy argued the crimes should not go unpunished. The court ruled that immunity did not apply to aggressive acts that constituted international crimes, like the war crimes committed by Germans against Italians. It also noted failures of German laws to adequately compensate Italian prisoners of war and victims of Nazi persecution.
On February 3, 2012, the International Court of Justice issued a ruling in a case between Germany and Italy concerning jurisdictional immunity of states. Between 1943-1945, German forces committed murders and abuse against many Italian civilians and military within Italian territory. Some Italian soldiers were also imprisoned by Germans and forced into labor. While Germany claimed right to jurisdictional immunity, Italy argued the crimes should not go unpunished. The court ruled that immunity did not apply to aggressive acts that constituted international crimes, like the war crimes committed by Germans against Italians. It also noted failures of German laws to adequately compensate Italian prisoners of war and victims of Nazi persecution.
On February 3, 2012, the International Court of Justice issued a ruling in a case between Germany and Italy concerning jurisdictional immunity of states. Between 1943-1945, German forces committed murders and abuse against many Italian civilians and military within Italian territory. Some Italian soldiers were also imprisoned by Germans and forced into labor. While Germany claimed right to jurisdictional immunity, Italy argued the crimes should not go unpunished. The court ruled that immunity did not apply to aggressive acts that constituted international crimes, like the war crimes committed by Germans against Italians. It also noted failures of German laws to adequately compensate Italian prisoners of war and victims of Nazi persecution.
Good morning judges, jury and members of the Court.
First of all it is impotant to know the facts , On February 3, 2012,
the International Court of Justice issued its ruling in the case concerning the jurisdictional immunities of the State (Germany against Italy: intervention of Greece). In 1943, italy declares war on Germany , between 1943 and 1945, Germans committed murders against a large number of Italian civilians and military within Italian territory. Some Italian soldiers were imprisoned by Germans and forced to perform forced labor. Germany mentions that the right to jurisdictional immunity was violated without ignoring the crimes in question, Italy asks that the murders and abuses of its nationals go unpunished.
Of all I want to include the territorial exception in which the
military jumps committed in the territory the state that exercises the jurisdiction are judged in territory the facts the state of life enjoys sovereignty against the acts carried out by the foreign armed forces when those acts but committed in the territory and state affected before the material presence the members of the aggressor state that is stated in the article 11 of the European convention and the 12 of the convection.
Of the onus the jurisdictional humanity that the counterpart
claims to have does not extend the acts cause death or injury that were committed in the state of jurisdiction but I do not grant immunity to a state under international law in case of serious violations of human rights since such affectations are outlawed by norms with eusko qualities hens comes to light the case of the Italian luigi ferring who was arrested and deported in Germany in 1944 in the trial court.
He ruled in his favor by declaring that immunity did not apply to
the aggressor's act constitutes an international crime the war crimes perpetrated by the Germans constitute great relationships of normal things so it does not fit in the institutions because in the Italian case luigi ferrin and the Germans never put themselves to the jurisdictional competence of the Italian courts but even more numerous Italians initiated legal actions in germany in search of a compensation never had success either because it did not fall into the category of victims of Nazi persecution or because they did not have permanent residence in Germany or comes to light the failure of the federal law of administration and of the foundation responsibility and memory which wrote of compensation to prisoners of war and other Italians were read any alternative form of reparation so it was inevitable to resort to the competence of Italian jurisdictions is not perhaps an anachronism that persons whose fundamental rights have been profaned had been lost to fair compensation for the abuse of a legal formality.