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

• Main Author: Pasquale De Sena
• Format: Article
• Language: deu
• Published: Universidade Federal de Santa Catarina 2016-12-01
• Series: Sequência: Estudos Juridicos e Politicos
• Subjects: State immunity; Italian constitutional court; Human rights; Humanitarian law
• Online Access: https://periodicos.ufsc.br/index.php/sequencia/article/view/47138

http://dx.doi.org/10.5007/2177-7055.2016v37n74p97 The article discusses the judgment 238/2014 rendered by the Italian Constitutional Court on State immunity in cases of serious violations of human rights or humanitarian law. It aims to provide some critical reflections on the potential relevance of this judgment in the further development of the international legal regime in respect of state immunity in cases of serious violations of human rights or humanitarian law. To best address this purpose, the analysis will be divided into two parts. In the first part, it will be addressed  the potential significance of the stance taken by the Court. In the second part, the Italian Constitutional Court’s approach will be assessed, with a focus on its capacity to affect to a greater extent the development of the relevant practice.