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Published online by Cambridge University Press: 20 December 2024
State immunity — Jurisdictional immunity — Whether Italian courts having to declare that they lacked jurisdiction where cases brought against States for conduct amounting to crimes under international law — Relevance of judgment of 3 February 2012 of International Court of Justice (“ICJ”) — Change in earlier line of jurisprudence requiring courts to lift immunity when conduct of impleaded foreign States amounting to crimes under international law — Relevance of Law No 5 of 14 January 2013 — Law No 5 of 14 January 2013 giving effect to ICJ’s judgment of 3 February 2012 — Conformity of Law No 5 of 14 January 2013 with Italian Constitution — Constitutionality of Law No 5 of 14 January 2013 — Law No 5 of 14 January 2013 giving effect to Article 94(1) of United Nations Charter, 1945 — Law No 5 of 14 January 2013 in turn giving effect to Article 11 of Italian Constitution — Whether Italian courts lacking jurisdiction
Relationship of international law and municipal law — Decisions of international courts — Judgment of International Court of Justice regarding Italian court decisions denying immunity — Legislation to implement judgment — Whether constitutional — The law of Italy