Introduction With Judgement No. 159/2023, the Italian Constitutional Court wrote a new chapter in the long-running judicial saga between Germany and Italy over jurisdictional immunities and reparations for serious violations of human rights committed by the Third Reich during World War II. While, in her blog post, Pelliconi has brilliantly analysed the decision’s main implications (see also Berrino and Greco), the present contribution is aimed at discussing an issue that remained outside the scope of the judgement, namely the Greek victims’ right to effective judicial protection before Italian courts. This issue remains unresolved at the moment and is therefore destined to give rise to further developments in the next future. In this respect, an attempt will be made to highlight possible scenarios and offer some feasible solutions.
State Immunity
Page 2 of 16
The Italian Constitutional Court’s new decision on state immunity and the ICJ Germany vs Italy No. 2
On 21 July 2023, the Italian Constitutional Court issued a new decision on state immunity that could bring the proceeding between Germany and Italy currently pending before the International Court of Justice (ICJ) to conclusion. This post unpacks the decision and its broader impact on immunity in international law, showing that the judgment does not…
Jurisdictional Immunities, all over Again?
ICJ proceedings instituted by Iran against Canada (27 June 2023): Some Observations on Jurisdiction and Merits Does State-backed terrorism enjoy State immunity from domestic jurisdiction or enforcement? This controversial question might finally be answered by the ICJ. Iran had already invoked its State immunities in Certain Iranian Assets, claiming that US court proceedings…
EJIL: The Podcast! Episode 19 – “From Russia With War: Part Deux”
In this episode Marko Milanovic, Dapo Akande and Philippa Webb are joined by Oona Hathaway (Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School) to discuss big legal issues arising from the Russian invasion of Ukraine, one year on.
The ICC Arrest Warrants against Vladimir Putin and Maria Lvova-Belova – An Outline of Issues
On 17 March 2023, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “the Court”) issued arrest warrants for Vladimir Putin and Maria Lvova-Belova. Putin is the President of the Russian Federation. Lvova-Belova is the Commissioner for Children’s Rights in the Office of the President. The crimes alleged concern deportation and transfer of children…