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Separate Opinion of Judge A.A. Cançado Trindade in the Case of the Jurisdictional Immunities of the State (Germany versus Italy, Order, Greece’s Request to Intervene, of 04.07.2011)

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Chapter Summary

This chapter discusses an Order that grants to Greece permission to intervene in the case concerning the Jurisdictional Immunities of the State, opposing Germany to Italy. It discusses Greece's Application for permission to intervene; the limits of State consent; jus gentium in the XXIst century: rights of States and rights of individuals (as submitted by the contending Parties), including a review of relevant Greek Courts decisions (in the Distomo Massacre case and the Margellos and Others case), among other related aspects in historical perspective; and the resurrectioof intervention in contemporary international litigation. The present case also leaves as a lesson that we cannot approach a matter like that of the jurisdictional immunities of the State, in circumstances such as the present ones (having as factual origin grave breaches of human rights and international humanitarian law), from a strictly inter-State dimension.

Keywords: Distomo Massacre case; Germany; Greece; human rights; international humanitarian law; Italy; jurisicational immunities



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