UN court rules against Italy in Nazi war claims row

The cases sought compensation for deportations of Italians and other acts by
German troops in Italy after Rome quit the Axis and joined the Allies in
September 1943.

Berlin said that by permitting claims for abuses that occurred between
September 1943 and May 1945, Italy “failed to respect the
jurisdictional immunity” that modern-day Germany enjoys under
international law.

Italy on the other hand, argued that the cases were admissible as abuses
committed by German troops amounted to “serious violations of
humanitarian law” and were “international crimes” which had
precedence over state immunity.

During the hearing at ICJ headquarters in The Hague, Owada said that a state’s
immunity “is a fundamental principle of international legal order.”

Owada said Germany had taken “significant steps” to compensate
Italian victims of the Third Reich, but it excluded prisoners of war from
compensation.

“The court considers the matter with surprise and regret that Germany
denied compensation to this group of victims,” Owada said.

He added the dispute “could be the subject of further negotiations in
resolving the issues,” a point taken up immediately by Rome.

“It is good and it is in everyone’s interests to have legal clarity,”
said Westerwelle, reacting to the ruling on the sidelines of the Munich
Security Conference.

“The case was not lodged against the victims of National Socialism,”
he stressed.

“Of course it was not about calling into question German responsibility
for the crimes of the Second World War or diminishing them,”
Westerwelle added.

Italy’s Terzi said “the sentence provides a useful clarification,
especially considering the court’s reference to the importance of
negotiators to work with both sides to find a solution.”

“Italy intends to continue, as it has done up to now, to address with
Germany all the aspects tied to the painful events in World War II through
dialogue,” Terzi said.

The row between the two countries began when Luigi Ferrini, who was deported
as a forced labourer to Germany in August 1944, claimed compensation from
the German government.

A 2004 Italian Supreme Court decision in his favour led to a flurry of claims
by relatives and widows of Nazi war crimes victims, which Germany has
refused to meet.

Also before the ICJ as a non-party state was Greece, because of victims of a
1944 German massacre at Distomo, in which 218 people were killed.

Relatives of the Greek massacre victims refiled a case before Italian courts,
after a Greek court failed to enforce a ruling for Germany to pay 28.6
million euros in compensation to the plaintiffs.

Berlin has also consistently refused to compensate the Distomo claimants,
saying the case had been settled between the two countries in 1960.

The ICJ concluded decisions by Italian courts in the Distomo case constituted “a
violation by Italy to respect Germany’s jurisdictional immunity.”

Established in 1945, the ICJ is the UN’s highest court and settles disputes
between states.

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