Home » Articles » The International Law of State Immunity and Its Development by National Institutions

The International Law of State Immunity and Its Development by National Institutions

PDF · Christian Tomuschat · Jun-25-2012 · 44 VAND. J. TRANSNAT'L L. 1105 (2011)

The proceedings between Germany and Italy currently pending before the International Court of Justice have revived interest in the legal regime of jurisdictional immunity of states. Germany charges Italy with violating the basic rule of state immunity by entertaining reparation claims brought before its civil courts by victims of serious breaches of international humanitarian law committed by Nazi Germany during World War II. Jurisdictional immunity is not absolute, but it remains preserved for truly governmental acts like military operations. None of the generally recognized exceptions apply in the German–Italian dispute. Damages resulting from international armed conflict are not covered by the local tort clause included in most of the relevant instruments. Nor does the infringement of a jus cogens rule automatically confer jurisdiction to the domestic courts of an affected country. After World War II, a reparation scheme was established by the victorious Allied Powers that provided for reparations at the inter-state level. Granting additional reparation claims to every individual victim of unlawful conduct during armed hostilities would amount to double jeopardy, rendering any definitive peace settlement illusory.




Leave a Reply

ExpressO Top 10 Law Review

ANNOUNCEMENTS

We are pleased to announce the 2014-2015 Board of Editors and the 2013-2014 Annual Award Winners.

Coming up:

The Vanderbilt Journal of Transnational Law invites you to its 2015 Symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters.

Recent and dire international disasters, both environmental and humanitarian, have left legacies not only of destruction and destitution, but also of an uncertain legal landscape. The Symposium will address current and pressing international-disaster-response topics. These will include environmental effects, disaster assistance, humanitarian assistance, and criminal processes and sanctions in the wake of various types of international disasters. Symposium participants will include leading scholars from across the country.

The 2015 Symposium will take place on Friday, February 13, 2015 at Vanderbilt Law School, 131 21st Avenue South, Nashville, TN 37203. A detailed schedule will be available soon.

For information on the 2015 Symposium, as well as past symposia hosted by the Journal, please visit the Symposium page.

Explore Other Vanderbilt Law Resources