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Dissenting Opinion of Judge A.A. Cançado Trindade in the Case of the Jurisdictional Immunities of the State (Germany versus Italy, Greece intervening, Judgment of 03.02.2012)

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Chapter Summary

This chapter discusses the case concerning the Jurisdictional Immunities of the State (Germany versus Italy, Greece intervening). The author dwells upon the inter-temporal dimension in the consideration of State immunity, moving then onto initial line of considerations, pertaining, first, to the ineluctable relationship in the present case, between State immunities and war reparation claims, and, secondly, to the recognition by Germany of State responsibility in the present case. The author seeks to rescue some doctrinal developments, acknowledging fundamental human values, and to recall the pertinent collegial doctrinal work, on the subject-matter at issue, of learned institutions in international law. The author turns to the threshold of the gravity of the breaches of human rights and of international humanitarian law. The author considers the prohibition of forced labour at the time of the II world war, and the prohibitions of jus cogens and the removal of immunity.

Keywords: fundmental human values; Germany; Greece; immunity; international humanitarian law; Italy; Jurisdictional Immunities



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