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Max Planck Encyclopedia of Public International Law [MPEPIL]

Jurisdictional Immunities of the State (Germany v Italy, Greece Intervening)

Benjamin Nußberger, Victoria Otto

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 08 December 2019

Subject(s):
Transitional justice — Immunity from jurisdiction, states — Reparations — Customary international law — Peremptory norms / ius cogens

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 In its 2012 judgment on Jurisdictional Immunities of the State ( Germany v Italy, Greece Intervening ) , the International Court of Justice (ICJ) determined the scope and extent of States’ entitlement to jurisdictional immunity in civil proceedings before foreign courts involving claims based on serious violations of humanitarian law under customary international law . 2 Germany had requested the Court to adjudge that Italy had failed to respect Germany’s State immunity first by granting civil claims based on violations of international humanitarian law by the...
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