Articles for author: Christian Djeffal

Constitutional paths not taken: Germany vs. Italy before the ICJ

by CHRISTIAN DJEFFAL On 3 February 2012 the International Court of Justice (ICJ) gave the eagerly awaited judgment in the case Jurisdictional Immunities of the State. It held that Italy violated its international obligations towards Germany in three instances. Firstly, civil claims based on violations of humanitarian law during the Second World War were allowed before Italian courts. Secondly, measures of constraint were taken against German state property, namely the ‘Villa Vigoni’. Thirdly, judgments based on violations of humanitarian law in Greece during the Second World War were declared enforceable in Italy. The issue before the court concerned several hundred ... continue reading