<P> Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening) was a case concerning the extent of state immunity before the International Court of Justice . The case was brought by Germany after various decisions by Italian courts to ignore the state immunity of Germany when confronted with claims against Germany by victims of Nazi - era war crimes . The court found that Italy was wrong to ignore German immunity, and found that Italy was obligated to render the decisions of its courts against Germany without effect . </P> <P> The original claims were based on a number of war crimes committed by German troops during World War II . The substance of the facts were not disputed by Germany . A number of international agreements and measures had been passed which purported to waive the claims of the victims involved, or make reparations . For instance, a 1947 peace treaty between Italy and the Allies purported to waive claims by Italian nationals; a 1963 agreement between Germany and Italy again purported to waive claims of Italian nationals for 40m Deutsche marks in compensation . Germany had also passed various laws to effect individual compensation to victims of Nazi era atrocities . However, it is undisputed that the international agreements and the sometimes restrictive language of the compensation laws collectively failed to compensate many victims individually . </P> <P> Luigi Ferrini was an Italian who was deported from occupied Italy and forced to work in a munitions plant in Germany . During 1998 he instituted proceedings against Germany in lower court at Arezzo . The lower court and then the appeals court denied his claim, on the basis that Germany was entitled to state immunity . However, during 2004 the Italian Court of Cassation reversed this judgment on the grounds that state immunity is lost when international crimes are alleged . On remand, the lower courts entered judgment in favor of Ferrini . </P> <P> Max Josef Milde was a German soldier, member of the Herman Goering Division, who during 2004 was convicted in absentia for war crimes involving a massacre of civilians in the Italian towns of Civitella in Val di Chiana and San Pancazio . In connection with this conviction, Germany was held jointly and severally liable for damages resulting from this act . The Court of Cassation reaffirmed its reasoning in the Ferrini case by affirming this judgment during 2008 . </P>

Jurisdictional immunities of the state (germany v. italy) summary