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ICJ’s jurisdiction was on the basis of the European Convention for the
Peaceful Settlement of Disputes. Article 27(a) of the Convention states
that the Convention did not apply to “disputes relating to facts or
situations prior to the entry into force of this Convention as between
the parties to the dispute”. The relevant year of entry into force was
1961. The Court held that the subject matter of the dispute – the crimes
for which reparations are sought – occurred during between 1943 and
1945. However, the “…”facts or situations” which have given rise to the
(present) dispute before the Court are constituted by Italian judicial
decisions that denied Germany the jurisdictional immunity… and by
measures of constraint applied to property belonging to Germany” This
occurred between 2004 and 2011. The ICJ had jurisdiction to hear the
case.
Is jurisdictional immunity available to a State for
acts committed by its armed forces during an armed
conflict?