The quest for a ‘full’ execution of the ICJ judgment in Germany v. Italy

The response of Italy to the International Court of Justice (ICJ) judgment of 3 February 2012 on the jurisdictional immunities of the state has been prompt and comprehensive. The Italian judiciary obeyed, contrary to what other national judges do, the ICJ decision either on the basis of a joint interpretation of 10 Article 94 of the UN Charter and Articles 10 and 11 of the Italian Constitution; or by stressing the authoritativeness of the ICJ decision and denying ex officio the jurisdiction of the Italian judge; or by taking note of the isolation of the Court of Cassation on the principle of immunities of the state in cases where jus cogens was violated. Moreover, on 21 December 2012, the Italian Parliament adopted a new law that modifies the Code of Civil Procedure in order to introduce a mechanism aimed at automatically reviewing any decision of Italian courts that is contrary to a ICJ judgment. However, in light of ICJ observations on the treatment of Italian military internees during WorldWar II and the conduct of the parties afterwards, it is advised Germany and Italy should conduct negotiation aimed at resolving the still pending issue of compensation to those military internees. Arguably, and in keeping with the Court’s invitation, an appropriate settlement through meaningful reparation to the numerous victims is the only way to ensure a fair and just solution.