This paper is devoted to an analysis of the contribution that the Judgment No. 238 of 2014 by the Italian Constitutional Court may offer to the development of international law, specifically in cases concerning state immunity from jurisdiction for international crimes. It reaches a partially negative conclusion with respect to the reasoning employed by the Court. However, the ruling fits within a broader trend, aimed at prioritizing the right of access to justice over immunity in such cases. In light of this trend, the question is raised as to whether the ruling at stake may contribute to the emergence of a European regional customary rule on this matter.
De Sena, P. (2016). The Judgment of the Italian Constitutional Court on State Immunity in Cases of Serious Violations of Human Rights or Humanitarian Law: a Tentative Analysis under International law. In P. Acconci, D. Donat Cattin, A. Marchesi, G. palmisano, V. Santori (a cura di), International Law and the Protection of Humanity: Essays in Honor of Flavia Lattanzi (pp. 61-74). Leiden : BriLL Nijhoff Leiden.
The Judgment of the Italian Constitutional Court on State Immunity in Cases of Serious Violations of Human Rights or Humanitarian Law: a Tentative Analysis under International law
De Sena, Pasquale
2016-01-01
Abstract
This paper is devoted to an analysis of the contribution that the Judgment No. 238 of 2014 by the Italian Constitutional Court may offer to the development of international law, specifically in cases concerning state immunity from jurisdiction for international crimes. It reaches a partially negative conclusion with respect to the reasoning employed by the Court. However, the ruling fits within a broader trend, aimed at prioritizing the right of access to justice over immunity in such cases. In light of this trend, the question is raised as to whether the ruling at stake may contribute to the emergence of a European regional customary rule on this matter.
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