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- Title
Germany v. Italy and the Territorial Tort Exception.
- Authors
Dickinson, Andrew
- Abstract
The recent ruling of the International Court of Justice (ICJ) that Italy had violated its obligation to respect Germany’s entitlement to sovereign immunity under international law, by allowing civil claims to be brought against Germany based on the conduct of German military forces during the Second World War, is unsurprising in view of past and current state practice. This article addresses the ICJ’s treatment of the so-called ‘territorial tort’ exception to immunity, both generally and specifically in relation to military activities and situations of armed conflict. It concludes that, although the Court reached the right conclusion in this case, its method of reasoning leaves states, individual litigants and their advisers, and scholars with important, unanswered questions as to the scope of the exception and its place in the international law of state immunity.
- Subjects
GERMANY; INTERNATIONAL Court of Justice; STATE immunities (International law); LEGAL judgments; TORTS (International law); EXCEPTIONS (Law); WORLD War II; MILITARY regulations; ACTIONS &; defenses (Law); LAW
- Publication
Journal of International Criminal Justice, 2013, Vol 11, Issue 1, p147
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqs089