Rivista di diritto internazionale, 2012, n. 3, p. 916 ss., pubblicata on line in Società Italiana di Diritto Internazionale
In its judgment on the case Jurisdictional Immunity of the State (Germany v. Italy), the International Court of Justice (ICJ) has affirmed the immunity of the State from civil jurisdiction also in the case of serious violations of human rights and humanitarian law. This decision has changed the legal framework in which the Italian Court of cassation had affirmed, in 2004, the competence of the Italian courts to decide on relating claims. The ICJ’s judgment is mandatory for Italy by virtue of Articles 10 and 11 of the Constitution, under which any decision by the national courts must be in accordance with the generally recognized rules of international law and the treaties ratified by Italy (in the case, Article 94 of the UN Charter, which imposes upon member states the obligation to execute the judgments of the ICJ). As a consequence, the action brought against Germany by a person who was deported and subjected to forced labor by the authorities of the Third Reich during World War II, is inadmissible before Italian courts.