Germany v. Italy at the ICJ


Prof. Christian Tomuschat will discuss public aspects of this case in which he serves as one of the agents for Germany in proceedings against Italy before the International Court of Justice (ICJ) in the Hague. In recent years, Italian courts have ordered the German state to pay damages to victims of Nazi war crimes committed during Germany’s occupation of Italy between 1943 and 1945. Germany alleges that “[t]hrough its judicial practice . . . Italy has infringed and continues to infringe its obligations towards Germany under international law” and has “repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State.” This important case will allow the Court to clarify the complex issues surrounding when a State can be sued in the domestic courts of another country for official, governmental activities that violate human rights.