On 23 December 2008, the Federal Republic of Germany instituted proceedings against the Italian Republic, requesting the Court to declare that Italy had failed to respect the jurisdictional immunity which Germany enjoys under international law by allowing civil claims to be brought against it in the Italian courts seeking reparation for injuries caused by violations of international humanitarian law committed by the Third Reich during the Second World War. In addition, Germany asked the Court to find that Italy had also violated Germany’s immunity by taking measures of constraint against Villa Vigoni, German State property situated in Italian territory. Finally, Germany requested the Court to declare that Italy had breached Germany’s jurisdictional immunity by declaring enforceable in Italy decisions of Greek civil courts rendered against Germany on the basis of acts similar to those which had given rise to the claims brought before Italian courts. Germany referred in particular to the judgment rendered against it in respect of the massacre committed by German armed forces during their withdrawal in1944, in the Greek village of Distomo in the Distomo case.
As basis for the Court’s jurisdiction, Germany invoked Article1 of the European Convention for the Peaceful Settlement of Disputes of 29April 1957, ratified by Italy on 29January 1960 and by Germany on 18April 1961.
The Memorial of Germany and the Counter-Memorial of Italy were filed within the time-limits fixed by the Order of the Court of 29April 2009. In its Counter-Memorial, Italy, referring to Article80 of the Rules of Court, made a counter-claim “with respect to the question of the reparation owed to Italian victims of grave violations of international humanitarian law committed by forces of the German Reich”. The Court found that the counter-claim presented by Italy was inadmissible, because the dispute that Italy intended to bring before the Court by way of its counter-claim related to facts and situations existing prior to the entry into force as between the parties of the European Convention for the Peaceful Settlement of Disputes of 29April 1957, which formed the basis of the Court’s jurisdiction in the case (Order of 6July 2010).
On 13 January 2011, Greece filed an Application requesting permission to intervene in the case. In its Application, Greece stated that it wished to intervene in the aspect of the procedure relating to judgments rendered by its own courts on the Distomo massacre and enforced (exequatur) by the Italian courts. The Court, in an Order of 4July 2011, considered that it might find it necessary to consider the decisions of Greek courts in the Distomo case, in light of the principle of State immunity, for the purposes of making findings with regard to Germany’s submission that Italy had breached its jurisdictional immunity by declaring enforceable in Italy decisions of Greek courts founded on violations of international humanitarian law committed by the German Reich during the Second World War. This permitted the conclusion that Greece had an interest of a legal nature which might have been affected by the judgment in the case and, consequently, that Greece could be permitted to intervene as a non-party “in so far as this intervention is limited to the decisions of Greek courts [in the Distomo case]”.
In its Judgment rendered on 3February 2012, the Court first examined the question whether Italy had violated Germany’s jurisdictional immunity by allowing civil claims to be brought against that State in the Italian courts. The Court noted in this respect that the question which it was called upon to decide was not whether the acts committed by the Third Reich during the Second World War were illegal, but whether, in civil proceedings against Germany relating to those acts, the Italian courts were obliged to accord Germany immunity. The Court held that the action of the Italian courts in denying Germany immunity constituted a breach of Italy’s international obligations. It stated in this connection that, under customary international law as it presently stood, a State was not deprived of immunity by reason of the fact that it was accused of serious violations of international human rights law or the international law of armed conflict. The Court further observed that, assuming that the rules of the law of armed conflict which prohibited murder, deportation and slave labour were rules of jus cogens, there was no conflict between those rules and the rules on State immunity. The two sets of rules addressed different matters. The rules of State immunity were confined to determining whether or not the courts of one State could exercise jurisdiction in respect of another State. They did not bear upon the question whether or not the conduct in respect of which the proceedings were brought was lawful or unlawful. Finally, the Court examined Italy’s argument that the Italian courts were justified in denying Germany immunity, because all other attempts to secure compensation for the various groups of victims involved in the Italian proceedings had failed. The Court found no basis in the relevant domestic or international practice that international law made the entitlement of a State to immunity dependent upon the existence of effective alternative means of securing redress.
The Court then addressed the question whether a measure of constraint taken against property belonging to Germany located on Italian territory constituted a breach by Italy of Germany’s immunity. It noted that Villa Vigoni was being used for governmental purposes that were entirely non-commercial; that Germany had in no way consented to the registration of the legal charge in question, nor allocated Villa Vigoni for the satisfaction of the judicial claims against it. Since the conditions permitting a measure of constraint to be taken against property belonging to a foreign State had not been met in this case, the Court concluded that Italy had violated its obligation to respect Germany’s immunity from enforcement.
Finally, the Court examined the question whether Italy had violated Germany’s immunity by declaring enforceable in Italy civil judgments rendered by Greek courts against Germany in proceedings arising out of the massacre committed in the Greek village of Distomo by the armed forces of the Third Reich in1944. It found that the relevant decisions of the Italian courts constituted a violation by Italy of its obligation to respect the jurisdictional immunity of Germany.
Accordingly, the Court declared that Italy must, by enacting appropriate legislation, or by resorting to other methods of its choosing, ensure that the decisions of its courts and those of other judicial authorities infringing the immunity which Germany enjoyed under international law cease to have effect.
This overview is provided for information only and in no way involves the responsibility of the Court.
Institution of proceedings
Application Instituting Proceedings
23 December 2008
Available in:
English French
Written proceedings
Memorial of the Federal Republic of Germany
12 June 2009
Available in:
English French
English French
English French
Counter-Memorial of Italy (Chapter VII ("Counter-Claim ") and Submissions)
22 December 2009
Procedure(s):Counter-claims
Available in:
English
Counter-Memorial of Italy
22 December 2009
Available in:
English French
English French
Written Observations of the Federal Republic of Germany (Article 80 of the Rules of the Court)
24 March 2010
Procedure(s):Counter-claims
Available in:
English
Written Observations of the Italian Republic (Article 80 of the Rules of Court)
25 May 2010
Procedure(s):Counter-claims
Available in:
English
Reply of the Federal Republic of Germany
5 October 2010
Available in:
English French
English French
Rejoinder of Italy
10 January 2011
Available in:
English French
Application for Permission to Intervene sumitted by Hellenic Republic
13 January 2011
Procedure(s):Intervention
Available in:
English French
Written observations of the Federal Republic of Germany on the Application for permission to intervene filed by Greece
23 March 2011
Procedure(s):Intervention
Available in:
English French
Written observations of Italy on the Application for permission to intervene filed by Greece
28 March 2011
Procedure(s):Intervention
Available in:
English French
Observations of Greece in reply to the Written Observationsof Germany and Italy
6 May 2011
Procedure(s):Intervention
Available in:
English French
Additional Observations of Germany
26 May 2011
Procedure(s):Intervention
Available in:
English French
Additional observations of Italy on whether to grant the Application for permission to intervene filed by Greece
27 May 2011
Procedure(s):Intervention
Available in:
English French
Written Statement of the Hellenic Republic
3 August 2011
Procedure(s):Intervention
Available in:
English French
Written Observations of Germany on the Written Statement of Greece
26 August 2011
Procedure(s):Intervention
Available in:
English French
English
Letter from the Agent of Italy
5 September 2011
Procedure(s):Intervention
Available in:
English French
Oral proceedings
Verbatim record 2011/17 (bilingual version)
Public sitting held on Monday 12 September 2011, at 10 a.m., at the Peace Palace, President Owada presiding, in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)
Available in:
Original Language
(bilingual version) Translation
Verbatim record 2011/18 (bilingual version)
Public sitting held on Tuesday 13 September 2011, at 10 a.m., at the Peace Palace, President Owada presiding, in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)
Available in:
Original Language
(bilingual version) Translation
Verbatim record 2011/19 (bilingual version)
Public sitting held on Wednesday 14 September 2011, at 10 a.m., at the Peace Palace, President Owada presiding, in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)
Available in:
Original Language
(bilingual version) Translation
Verbatim record 2011/20 (bilingual version)
Public sitting held on Thursday 15 September 2011, at 10 a.m., at the Peace Palace, President Owada presiding, in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)
Available in:
Original Language
(bilingual version) Translation
Verbatim record 2011/21 (bilingual version)
Public sitting held on Friday 16 September 2011, at 2.30 p.m., at the Peace Palace, President Owada presiding, in the case concerning Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)
Available in:
Original Language
(bilingual version) Translation
Other documents
Written response of Greece to the question put by Judge Cançado Trindade at the end of the public sitting held on 16 September 2011 (translation)
21 September 2011
Available in:
English French
Written response of Germany to the questions put by Judge Bennouna, Judge Cançado Trindade and Judge ad hoc Gaja at the end of the public sitting held on 16 September 2011
23 September 2011
Available in:
English French
Written response of Italy to the questions put by Judge Simma, Judge Cançado Trindade and Judge ad hoc Gaja at the end of the public sitting held on 16 September 2011
23 September 2011
Available in:
English French
Comments of Germany on Italy's written reply to the question put by Judge Simmaand on Greece's written reply to the question put by Judge Cançado Trindadeat the public sitting held on 16 September 2011
29 September 2011
Available in:
English French
Comments of Italy on Germany's written reply to the questions put by Judge Cançado Trindade at the public sitting held on 16 September 2011
30 September 2011
Available in:
English French
Orders
Order of 29 April 2009
Fixing of time-limits: Memorial and Counter-Memorial
Available in:
English French Bilingual
Order of 6 July 2010
Order of 6 July 2010
Procedure(s):Counter-claims
Available in:
English French Bilingual
English French Bilingual
English French Bilingual
English French Bilingual
Order of 4 July 2011
Application by the Hellenic Republic for Permission to Intervene
Procedure(s):Intervention
Available in:
English French Bilingual
English French Bilingual
English French Bilingual
Judgments
Judgment of 3 February 2012
Available in:
English French Bilingual
English French Bilingual
English French Bilingual
English French Bilingual
English French Bilingual
English French Bilingual
English French Bilingual
Summaries of Judgments and Orders
Summary 2012/2
Summary of the Judgment of 3 February 2012
Available in:
English French
Press releases
Press release 2008/44
23 December 2008
Germany institutes proceedings against Italy for failing to respect its jurisdictional immunity as a sovereign State
Available in:
English French
Press release 2009/18
4 May 2009
Jurisdictional Immunities of the State (Germany v. Italy) - Fixing of time-limits for the filing of the initial pleadings
Available in:
English French
Press release 2010/22
20 July 2010
Jurisdictional Immunities of the State (Germany v. Italy) - The Court finds Italy's counter-claim inadmissible as such and fixes time-limits for the filing of additional written pleadings
Available in:
English French
Press release 2011/2
17 January 2011
Jurisdictional Immunities of the State (Germany v. Italy) - Greece requests permission to intervene in the proceedings
Available in:
English French
Press release 2011/21
15 July 2011
Jurisdictional Immunities of the State (Germany v. Italy) - Application for permission to intervene submitted by Greece - The Court grants Greece permission to intervene in the proceedings as a non-party
Available in:
English French
Press release 2011/24
5 August 2011
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) - The Court to hold public hearings from Monday 12 to Friday 16 September 2011
Available in:
English French
Press release 2011/25
5 September 2011
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) - Live webcast of the public hearings which will be held from Monday 12 to Friday 16 September 2011
Available in:
English French
Press release 2011/26
16 September 2011
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) - Conclusion of the public hearings - Court to begin its deliberation
Available in:
English French
Press release 2012/5
27 January 2012
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) - The Court to deliver its Judgment on Friday 3 February 2012 at 10 a.m. - Reading of the Judgment to be broadcast live on the Court’s website
Available in:
English French
Press release 2012/7
3 February 2012
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) - The Court finds that Italy has violated its obligation to respect the immunity enjoyed by Germany under international law
Available in:
English French