Decision of the Court of Cassation, I Criminal Section, No. 32139 of 30 May 2012

With judgment of 3 February 2012 the International Court of Justice (ICJ) found that Germany enjoyed immunity from civil  jurisdiction under international law and requested Italy to ensure that the decisions of its judicial authorities infringing German immunity ceased to have effect. In implementation of the ICJ’s decision, the Court of Cassation – though mentioning its own case law on the issue (in particular the decision on Ferrini case of 2004) excluding German immunity from jurisdiction for international crimes committed in Italy  during World War II – ruled the lack of Italian jurisdiction concerning claims for compensation brought against  Germany and quashed without referral the judgments of the Military Tribunal of Rome and the Military Court of Appeal. The judgment also adress (paragraphs 5-7) the issue of the compatibility of the international customary norms on State immunity as interpreted by the ICJ, with the constitutional principles concerning human rights.