Suggesting Solutions: Providing Compensation to the Victims as a Moral and Legal Duty
The first panel dealt intensively with the question as to whether, and if so how, reparation should be awarded to victims even after Sentenza No. 238/2014 was released. The judgment as such did not make a possible upholding of State immunity conditional upon any compensation scheme. On the contrary, it asserted that the right to access to justice as protected by Article 24 of the Italian Constitution is infringed upon insofar as a foreign State is granted immunity from the Italian jurisdiction to adjudicate the action of damages put forward by victims of crimes against humanity and gross violations of ... continue reading
