State Immunity before the International Court of Justice: Jurisdictional Immunities of the State (Germany v Italy)

Abstract

The International Court of Justice recently gave judgment in Jurisdictional Immunities of the State. The case concerned German state immunity from civil claims brought in Italian courts by victims of serious violations of international humanitarian law committed by German armed forces during World War II. Importantly, the Court determined the state of customary international law and clarified the relationship between state immunity and jus cogens. This paper argues that while the Court was correct, its decision is likely to ossify the evolution of state immunity.