Germany v. Italy: The right to deny state immunity when victims have no other recourse

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Index Number: IOR 53/006/2011
Date Published: 24 November 2011

Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) presents the International Court of Justice with an historic opportunity to make necessary clarifications in an important area of international law. This paper focuses on two points that are not fully addressed in this proceeding. It offers a framework through which decisions of the Italian courts at issue in the case should be analyzed and demonstrates that these decisions are consistent with the existing doctrine of sovereign immunity. It also provides an analysis and rebuttal of the negative consequences Germany alleges will ensue were the Court to reject its claim.