Germany filed complaint against Italy – ICJ

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D.D :- 10 May 2022

In its current action, Germany alleges that Italian domestic courts have considered a considerable number of new claims against Germany in violation of Germany’s sovereign immunity, despite a 2012 ICJ judgement granting the country legal immunity.

In a long-running dispute over World War II reparations, Germany has filed a complaint against Italy at the United Nations’ highest court.

Friday evening, the International Court of Justice revealed the filing.

The German case refers to a 2012 judgement by the UN court that confirmed Germany’s immunity from being sued by victims of Nazi atrocities in foreign courts.

In 2008, the Italian supreme court ruled that an Italian civilian was entitled to reparations for his deportation to Germany in 1944 to labour as a slave.

In its current complaint, Germany contends that Italian domestic courts have heard a substantial number of new claims against Germany in violation of its sovereign immunity since 2012.

In the case it won in 2012, Berlin contended that the Italian supreme court’s verdict cast doubt on a post-Nazi restitution system that has seen Germany pay tens of billions of dollars in reparations since the 1950s.

Italy has breached and continues to violate its commitment to respect Germany’s sovereign immunity by permitting civil claims to be launched against Germany in connection with Nazi war crimes and by intending to sell off four German-owned properties in Rome.

The case also seeks urgent directives from the court, known as temporary measures, including an order to ensure that the German properties “are not subjected to a public auction” or “additional measures of constraint” until the court reaches its ultimate ruling, which will likely take years.

Hearing dates were not immediately established. International Court of Justice decisions are final and legally binding.

GERMANY

Vs

ITALY

 

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