You are on page 1of 2

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.

You might also like