International Court of Justice 390.
(photo credit: REUTERS)
AMSTERDAM - The United Nations' highest court ruled on Friday that
Italy's courts were wrong to allow victims of Nazi war crimes to claim
compensation against Germany because it has legal immunity from being
The ruling by the International Court of Justice in The
Hague is expected to end a wave of claims for damages stemming from a
Nazi massacre in Italy during World War Two, and will also prevent other
countries such as Greece from using Italy's courts to pursue a flood of
similar compensation claims.
Italy's top court ruled in 2008
that Germany should pay around 1 million euros in compensation to the
families of nine victims of the killings, committed by the German army
in Civitella, Tuscany. A total of 203 people died in the 1944 massacre.
Italian Republic has violated its obligation to respect the immunity
which the Federal Republic of Germany enjoys under international law by
allowing civil claims to be brought against it based on violations of
international humanitarian law committed by the German Reich between
1943 and 1945," the ICJ said in a statement.
The ICJ, set up in
1945 as a world court for disputes between nations, said that Italy must
now ensure that decisions taken by its courts which infringed Germany's
immunity under international law must cease to have effect.
"In a way, we expected it," Italy's representative, Paolo Pucci di Benisichi, told reporters after the ruling.
Germany has paid billions of euros in reparations and compensation since the end of World War Two.
filed a lawsuit against Italy at the ICJ in December 2008 saying that
an Italian court erred in ordering Berlin to pay damages for the
massacre and that by allowing the ruling to stand, hundreds of
additional cases could be brought against it by private individuals.