Toldo (Paolo) v. Federal Republic of Germany and Italian Republic

Abstract

State immunity — Immunity from civil jurisdiction — Immunity in relation to acts amounting to war crimes or crimes against humanity — Jurisprudence of Supreme Court of Cassation on jurisdictional immunity — Whether immunity lifted where foreign State’s acts war crimes or crimes against humanity — Judgment of International Court of Justice (“ICJ”) of 3 February 2012 — Whether Italy internationally responsible for not recognizing Germany’s immunity under customary international law — Law No 5 of 14 January 2013 — Change in jurisprudence of Supreme Court of Cassation on jurisdictional immunity — Constitutional Court’s judgment no 238 of 22 October 2014 — Whether Law No 5 of 14 January 2013 unconstitutional — Whether Italian courts denying jurisdictional immunity where foreign States perpetrating war crimes or crimes against humanity — Supreme Court of Cassation reverting to earlier jurisprudence — Whether Court of Appeal of Florence taking change in jurisprudence into account — Whether Court of Appeal’s judgment quashed — Whether case to be remitted to Court of First Instance

Relationship of international law and municipal law — Decisions of international courts — International Court of Justice’s judgment of 3 February 2012 — Whether Italy internationally responsible for not recognizing Germany’s immunity under customary international law — Law No 5 of 14 January 2013 — Change in jurisprudence of Supreme Court of Cassation on jurisdictional immunity — Constitutional Court’s judgment no 238 of 22 October 2014 — Whether Law No 5 of 14 January 2013 unconstitutional — Whether Italian courts denying jurisdictional immunity where foreign States perpetrating war crimes or crimes against humanity — Supreme Court of Cassation reverting to earlier jurisprudence — Whether Court of Appeal of Florence taking change in jurisprudence into account — Whether Court of Appeal’s judgment quashed — Whether case to be remitted to Court of First Instance

International criminal law — War crimes and crimes against humanity — State immunity — Immunity from civil jurisdiction — Immunity in relation to acts amounting to war crimes or crimes against humanity — Judgment of International Court of Justice of 3 February 2012 — Jurisprudence of Italian courts — The law of Italy