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Distomo Massacre Case

Germany, Federal Republic of.  26 June 2003 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdiction — Doctrine of restrictive immunity — Exception to immunity for civil claims in tort — European Convention on State Immunity, 1972 — Article 11 — Whether now reflecting rule of customary international law — Immunity from civil proceedings in respect of acts of armed forces — Article 31 of Convention — Whether such immunity absolute — Whether any exception for war crimes or crimes against humanity violating jus cogens and not directly connected with furtherance of armed conflict — Whether commission of such acts constituting tacit waiver of immunity

Relationship of international law and municipal law — Crimes against international law — Crimes against humanity and war crimes — Claim for compensation in civil proceedings in tort before municipal courts — Whether commission of such crimes by its armed forces precluding foreign State from relying on State immunity — Whether such exception to immunity now recognized as rule of customary international law

War and armed conflict — Enforcement of the laws of war — Compensation and reparations — Crimes against humanity and war crimes — Claim for compensation brought by relatives of victims before municipal courts — Atrocities committed by Nazi German forces during Second World War — Whether reparations claims by individuals precluded by London Debt Agreement, 1953 — Whether Federal Republic of Germany liable as successor State following entry into force of Treaty of Final Settlement with respect to Germany, 1990 — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 2007

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