(ANSA) – BRUSSELS, APRIL 30 – Germany has initiated proceedings before the UN International Court of Justice (ICJ), based in The Hague, against the Italian Republic for failure to respect its judicial immunity as a sovereign state: Berlin claims that Rome continues to allow victims of Nazi war crimes to seek compensation from the German state even after an earlier ICJ ruling that such requests violate “international law”. It can be read in a note published by the same Court.
In its appeal, Germany recalls that, on 3 February 2012, the Court delivered its judgment on the issue of immunity from jurisdiction in the case relating to state immunities. Berlin indicates that, “despite the pronouncements of this ruling, the Italian national courts, since 2012, have upheld a significant number of new requests against Germany in violation of Germany’s sovereign immunity”. Germany refers in particular to judgment no. 238/2014 of 22 October 2014 of the Italian Constitutional Court, with which the latter “recognized” the obligation of the Italian judge to comply with the sentence of the ICJ of 3 February 2012 “but, nevertheless,” submitted this same obligation to the ‘fundamental principle of the judicial protection of fundamental rights’ of Italian constitutional law, to allow victims of war crimes and crimes against humanity to present individual appeals against sovereign states “. (ANSA).
Source: Ansa
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