U.N.’s Highest Court Denies Italy’s Nazi Reparation Claims

By Alexandra Halsey-Storch
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands—The International Court of Justice—the United Nation’s highest court—held on Friday that Germany will maintain legal immunity from being sued in foreign courts by victims of World War II Nazi atrocities.

The ICJ rejects Italy's claim for compensation against Nazi regime (Photo Courtesy of The Montreal Gazette)

The case at hand focuses on the June 29, 1944 murder of 250 Italian civilians in and near the Tuscan town of Civitella by German troops. More than forty years later, family members of the victims sued Germany in an Italian court seeking reparations. In 2008, Italy’s Supreme Court found that one of the plaintiffs, an Italian civilian, Luigi Ferrini, was in fact entitled to reparations for his deportation to Germany in 1944 to work as a slave laborer in the armaments industry. The court iterated that individuals whose human rights had been violated could sue for individual damages.

Germany appealed to the International Court of Justice (“ICJ”) and argued before the court, saying that denying Germany immunity from these types of lawsuits would “open the floodgates to compensation claims by individuals around the world.”

The ICJ “threw out” Italy’s 2008 decision on Friday, February 3, 2012 in a 12-3 decision, determining that the “Italian case violated Germany’s immunity…from being sued in national courts,” a principal which has been widely recognized in international law.

Hisashi Owada, the president of the United Nations court further explained: “The action of Italian courts in denying German immunity…constitutes a breach of the obligation owed by the Italian state to Germany.”

Legal scholars agree that the 2008 decision violated international rules on foreign state immunity as pertaining to human rights cases thus concurring that the ICJ reached the correct decision. “Were one to deny foreign state immunity in this and other similar cases, then Georgian courts, for example, could pass judgment on Russian behavior during the 2008 conflict,” explained Andreas Zimmermann, a human rights professor.

In other words, this ruling is “expected to end a wave of claims for damages” which stem from the Nazi regime’s human rights violations, including one which originated on behalf of Greek victims. On June 10, 1944 S.S. units “assembled 218 women, children and elderly in Distomo, a village not far from Delphi, and murdered them. The Greek representatives sought reparation through the German judicial system.

Amnesty International’s Senior Director of International Law and Policy, Widney Brown, has proclaimed the ICJ’s ruling to be a “big step backwards on human rights” going on to say that “the judgment flies in the face of the Hague Convention, under which victims of war crimes are entitled to sue the state responsible to obtain reparation.”

Germany has already paid tens of billions of dollars in reparations since the 1950s, including a “lump sum” to Italy in the amount of 40 million marks in 1961. Moreover, in 2000, Germany founded the Remembrance, Responsibility and Future Foundation with the goal of compensating forced laborers from Eastern Europe. Germany has also made additional payments at peace conferences as well as a part of treaties with other countries.

 

For more information, please visit:

Amnesty International—UN Court Ruling on Nazi War Crime Victims ‘a Setback for Rights’—3 Feb. 2012

International Court of Justice—Germany v. Italy—2 Feb. 2012

The New York Times—World Court Upholds German Immunity in Nazi Cases—3 Feb. 2012

Reuters—U.N Court Rules against Italy’s Nazi Compensation Claims–3 Feb. 2012

Speigal Online International—Human Rights Take a Back Seat to Sovereignty—3 Feb. 2012

 

 

Author: Impunity Watch Archive