Simoncioni v. Germany: Italian Constitutional Court Decision on Law Implementing Immunity of Foreign States from War Crimes Compensation Claims in Accordance with 2012 ICJ Judgment

With Judgment No. 238/2014, the Italian Constitutional Court quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice.