Ahogy arról korábban részletesen beszámoltam, Németország még 2008-ban indított eljárást Olaszországgal szemben a hágai Nemzetközi Bíróság (ICJ) előtt a következők miatt:
In its Application, Germany requests the Court to find that Italy has failed to respect the jurisdictional immunity which Germany enjoys under international law by allowing civil claims to be brought against it in the Italian courts, seeking reparation for injuries caused by violations international humanitarian law committed by the German Reich during the Second World War; that Italy has also violated Germany’s immunity by taking measures of constraint against Villa Vigoni, German State property situated in Italian territory; and that it has further breached Germany’s jurisdictional immunity by declaring enforceable in Italy decisions of Greek civil courts rendered against Germany on the basis of acts similar to those which gave rise to the claims brought before Italian courts.
Az ICJ február eleji döntése helyt adott a német kereseti kérelemnek és megállapította:
(1) by twelve votes to three, that the Italian Republic has violated its obligation to respect the immunity which the Federal Republic of Germany enjoys under international law by allowingcivil claims to be brought against it based on violations of international humanitarian law committed by the German Reich between 1943 and 1945;
(2) by fourteen votes to one, that the Italian Republic has violated its obligation to respect the immunity which the Federal Republic of Germany enjoys under international law by taking measures of constraint against Villa Vigoni;
(3) by fourteen votes to one, that the Italian Republic has violated its obligation to respect the immunity which the Federal Republic of Germany enjoys under international law by declaring enforceable in Italy decisions of Greek courts based on violations of international humanitarian law committed in Greece by the German Reich;
(4) by fourteen votes to one, that the Italian Republic must, by enacting appropriate legislation, or by resorting to other methods of its choosing, ensure that the decisions of itscourts and those of other judicial authorities infringing the immunity which the FederalRepublic of Germany enjoys under international law cease to have effect.
Az idei Jessup nemzetközi perbeszédverseny résztvevőinek most főhet a feje: The ICJ Destroys the Jessup Competition.
Nincsenek megjegyzések:
Megjegyzés küldése