Wed, Sep. 14, 2011

ICJ Live: War and Immunity

CK - Washington.   American law plays into the positions propounded in the current hearings before the International Court of Justice in The Hague. The court opened the dispute between Germany and Italy, in which Greece intervened, to live video transmissions which run from September 12 through 16, 2011.

The dispute centers around the German claim for state immunity in a foreign forum for claims by individuals for war crimes and the enforcement of jugdments against an immune foreign state.

The ultimate determination of the court may affect the rights of individual Iraqis and others against the United States in foreign courts and many similar future constellations. Under the new Italian precedent, warring nations may not claim jurisdictional immunity. That is also true when a peace treaty between nations resolves issue of reparations.


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