Looking Back in Anger and Forward in Trust: The Complicate Patchwork of the Damages Regime for Infringements of Rights in Italy

Reconciling State Immunity with Remedies for War Victims in a Legal Pluriverse

“…They declared all further civil actions brought against Germany with claims for reparation for human rights violations during WWII inadmissible. 36 In order to avoid further civil actions before Italian courts and obey the ICJ Judgment, the Italian Parliament adopted Law No 5/2013 by which Italy ratified the United Nations Convention on Jurisdictional Immunities of States and Their Property (UNCSI). 37 The Statute prescribes how Italian courts must react to a judgment of the ICJ declaring the immunity of a foreign state: in proceedings pending a final judgment, the courts are to pronounce ex officio their lack of jurisdiction.…”