The Future of Remedies against Immunity: The Italian–German Stalemate and Possible Ways Out
The Italian Constitutional Court‘s Sentenza 238/2014 represents one of the most interesting cases of ‘dissent’ in the contemporary dialectics between international law (and courts) and domestic legal orders. In denying Germany‘s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during WWII, the ItCC challenged the ICJ‘s Judgment of 2012 which had confirmed the principle of State immunity. Numerous cases are pending before Italian courts, cementing the stalemate. How to reconcile State immunity and the right to remedy for victims? How to square individual HR and the international rule of law? Is the Sentenza symptomatic of the evolving relationship between international and domestic law? The panel, composed of German/Italian scholars, will present some of the outcomes of the volume Remedies against Immunity? (MPIL/IRPA Springer 2021) and will suggest possible, future ways out of the current Italo-German paralysis against a shared European horizon.