VILLAMOR, Jiselle Rae A.

JURISDICTIONAL IMMUNITIES OF THE STATE (Germany vs Italy: Greece Intervening)

This is a case instituted by Germany when it filed an Application against Italy. It claimed that Italy has failed to respect the jurisdictional immunity which Germany enjoys under international law. It allows civil claims to be brought in the Italian courts, seeking reparation for the injuries caused by the German Reich during World War II. The injuries were said to be violations of the international humanitarian law. Germany also claimed that Italy has violated its immunity by taking measures of constraint against a German State property situated in the territory of Italy- Villa Vigoni. It was also alleged that Italy breached Germanys 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. In resolving the issue on the alleged violation of Germanys jurisdictional immunity in the proceedings brought by Italy, the Court noted that any entitlement to immunity can be can be derived only from customary international law. Italian courts argue that to deny Germany its immunity is justified on the basis of the territorial tort principle. It argued that customary international law has developed to the point where a State is no longer entitled to immunity when there is death, personal injury or damage to property. The Courts conclusion to this matter is that customary law continues to require that a State be accorded immunity in proceedings for torts committed on the territory of another State by its armed forces and other organs in the course of conducting an armed conflict. As to the issue on the measures of constraint taken against property belonging to Germany located on Italian territory, the Court held that the property in question must be in use for an activity not pursuing government non-commercial purposes or that there is an express consent by the State which owns the property, before any measure of constraint maybe taken against property belonging to a foreign state. The Court found that there was violation by Italy with respect to Germanys immunity. It was found that Villa Vigoni was being used for governmental purposes which are entirely non-commercial. Germany also did not consent to the taking of such measure. The Court finally held that Italy violated its obligation to respect the jurisdictional immunity of Germany when it declared enforceable in Italy the civil judgments rendered against Germany by Greek courts in the Distomo massacre.