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Full Access Germany v Italy: The Triumph of Sovereign Immunity over Human Rights Law

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Germany v Italy: The Triumph of Sovereign Immunity over Human Rights Law

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This article analyses the doctrine of State immunity within the context of the recent judgment of the International Court of Justice (ICJ) concerning the Jurisdictional Immunities of the State (Germany v Italy: Greece intervening). The object of this article is to explore the implications of the State immunity from foreign judicial proceedings in cases of jus cogens crimes. Challenging the assumption that the law of immunity is merely procedural in nature, this article argues that there can be no immunity in cases of undisputed international crimes.

Affiliations: 1: Lecturer, School of Law, Queen’s University Belfast, UK, o.bakircioglu@qub.ac.uk

10.1163/22131035-00101002
/content/journals/10.1163/22131035-00101002
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This article analyses the doctrine of State immunity within the context of the recent judgment of the International Court of Justice (ICJ) concerning the Jurisdictional Immunities of the State (Germany v Italy: Greece intervening). The object of this article is to explore the implications of the State immunity from foreign judicial proceedings in cases of jus cogens crimes. Challenging the assumption that the law of immunity is merely procedural in nature, this article argues that there can be no immunity in cases of undisputed international crimes.

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/content/journals/10.1163/22131035-00101002
2012-01-01
2017-11-18

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