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Margellos and Others v. Federal Republic of Germany
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdiction — Doctrine of restrictive immunity — Exception to immunity for civil claims in tort — Tort committed in forum State by agents of defendant State — 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
State immunity — Jurisdiction — Human rights — Whether State immunity compatible with right of access to courts — European Convention on Human Rights, 1950, Article 6(1) — Exception to immunity for tort claims in civil proceedings
Human rights — Access to courts — European Convention on Human Rights, Article 6(1) — State immunity — Relationship between State immunity and human rights — Nature of prohibition of crimes against humanity — Whether constituting a rule of jus cogens — Whether taking precedence over principle of State 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 German forces during Second World War — The law of Greece
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