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Full-Text Articles in International Law
The International Law Of State Immunity And Its Development By National Institutions, Christian Tomuschat
The International Law Of State Immunity And Its Development By National Institutions, Christian Tomuschat
Vanderbilt Journal of Transnational Law
The proceedings between Germany and Italy currently pending before the International Court of Justice have revived interest in the legal regime of jurisdictional immunity of states. Germany charges Italy with violating the basic rule of state immunity by entertaining reparation claims brought before its civil courts by victims of serious breaches of international humanitarian law committed by Nazi Germany during World War II. Jurisdictional immunity is not absolute, but it remains preserved for truly governmental acts like military operations. None of the generally recognized exceptions apply in the German-Italian dispute. Damages resulting from international armed conflict are not covered by …