Jurisdictional Immunities of the State (Germany v. Italy: Greece Intervening)
International Court of Justice
2012 I.C.J. 99
Italian civilians brought civil claims in Italian courts against Germany (plaintiff) for atrocities the German military committed in Italy during the final stages of World War II, including forced labor, imprisonment, and murder of civilians. When Italian courts ruled for the Italian claimants, Germany asked the International Court of Justice to set aside those judgments, arguing Germany was entitled to sovereign immunity. Italy (defendant) argued that jus cogens norms, the fundamental, non-derogable rules of international law barring atrocities like these, should override the ordinary law of state immunity.
Whether a state is entitled to immunity in another nation's courts from civil claims arising from acts committed by its armed forces during military conflict, even when those acts occurred within the forum state's own territory and allegedly violated jus cogens norms.