In ICJ, Justice is never left behind.

by | Nov 8, 2015 | Uncategorized |

Jurisdictional Immunities of the State (Germany vs. Italy: Greece Interfering)

Why was this case brought to the International Court of Justice (ICJ)?

Italy and Germany were allies at first, but when Italy took notice of the fact that they were about to lose World War II, they changed their position by surrendering to the Allies and declaring war against Germany, but they were displeased. Therefore, Italy filed a case against Germany in their nation. Although, they have state immunity, Germany signed a contract stating that they have to pay for repairs of the damages they have caused during World War II.Screen Shot 2015-11-09 at 12.25.33 PM

They began an informal debate on their opinions about the case. They started formulating a list of questions to the advocates. The plaintiff (Germany) and the defendant team (Italy) were writing their memorials to send them to the judges – a document that proves that they are not guilty or that the other advocate is guilty. The advocates were getting ready to answer any questions that may be asked by the judges or the justices. Germany has to prove that the case that Italy filed is against Jus Cogens.

The question now is why Italy didn’t give the case to the ICJ in the first place. In 2004, Germany was judged guilty in the courts of Italy which is against the Jus Cogens. At this moment, Germany took the chance and filed the case in the International Court of Justice to reverse the attack on Italy. The judgment is yet to be made.

Mariam Chafik

Hussein Tarek

Omar Sedky

 

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