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History

State Immunity vs. Jus Cogens in Human Rights Litigation

Quick fact

In the landmark case Jurisdictional Immunities of the State (Germany v. Italy, 2012), the International Court of Justice ruled that Italy had violated Germany's sovereign immunity by allowing civil suits for WWII crimes, even though the acts constituted jus cogens violations like forced labor and war crimes.

Why this is interesting

What happens when a country you've suffered torture under claims immunity from your lawsuit? Why can a state accused of genocide avoid being sued in foreign courts, even when the law prohibits genocide absolutely?

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State Immunity vs. Jus Cogens in Human Rights Litigation

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