Saturday, February 4, 2012

World court upholds German immunity in Nazi cases

General view of the court showing the judges, rear, the delegation of Germany, front row right, and the delegation of Italy, front row left, in The Hague, Netherlands, Friday Feb. 3, 2012, as the International Court of Justice delivered its judgment in a dispute between Germany and Italy over World War II reparations. (AP Photo/Peter Dejong)

General view of the court showing the judges, rear, the delegation of Germany, front row right, and the delegation of Italy, front row left, in The Hague, Netherlands, Friday Feb. 3, 2012, as the International Court of Justice delivered its judgment in a dispute between Germany and Italy over World War II reparations. (AP Photo/Peter Dejong)

Germany's Susanne Wasum-Rainer, director general for legal affairs and legal advisor, right, takes a sip of water while she and professor of law Christian Tomuschat of Germany, left, listen to presiding judge Owada in The Hague, Netherlands, Friday Feb. 3, 2012, as the International Court of Justice delivered its judgment in a dispute between Germany and Italy over World War II reparations. (AP Photo/Peter Dejong)

Agent Paolo Pucci di Benisichi, state advocate Giacomo Aiello, and Professor Luigi Condorelli of the Italian delegation listen, in The Hague, Netherlands, Friday Feb. 3, 2012, at the start of the court session where the International Court of Justice delivered its judgment in a dispute between Germany and Italy over World War II reparations. (AP Photo/Peter Dejong)

The Greek intervening delegation with from right, Professor Stelios Perrakis, ambassador John Economides, Counselor Efstathios Paizis-Paradellis, press counselor Mary Vaxevanidou and attache Ioannis Korovilas, wait for the start of the court session in The Hague, Netherlands, Friday Feb. 3, 2012, where the International Court of Justice delivered its judgment in a dispute between Germany and Italy over World War II reparations. (AP Photo/Peter Dejong)

Professor of law Christian Tomuschat of the German delegation, left, and Professor Luigi Condorelli of the Italian delegation, right, talk prior to the start of the court session as Italy's agent Italy's agent Paolo Pucci di Benisichi, center right, and state advocate Giacomo Aiello, center left, listen, in The Hague, Netherlands, Friday Feb. 3, 2012, prior to the start of the court session where the International Court of Justice delivered its judgment in a dispute between Germany and Italy over World War II reparations. (AP Photo/Peter Dejong)

THE HAGUE, Netherlands (AP) ? The U.N.'s highest court confirmed Friday that Germany has legal immunity from being sued in foreign courts by victims of World War II Nazi atrocities.

The International Court of Justice said that Italy's Supreme Court violated Germany's sovereignty in 2008 by judging that an Italian civilian, Luigi Ferrini, was entitled to reparations for his deportation to Germany in 1944 to work as a slave laborer in the armaments industry.

Germany argued that the Italian ruling threw into doubt a restitution system put in place after the Nazis' defeat that has seen Germany pay tens of billions of dollars in reparations since the 1950s.

The 15-judge world court said in a 12-3 ruling that the Italian case violated Germany's long-standing immunity, which has been recognized in international law, from being sued in national courts.

"The action of Italian courts in denying Germany immunity ... constitutes a breach of the obligation owed by the Italian state to Germany," world court President Hisashi Owada said.

Rulings by the International Court of Justice are final and binding on states.

German representatives argued last year that if the world court sided with Italy, it would open floodgates for restitution claims by individuals around the world, a situation it tried to avoid in negotiating reparation accords with Israel and with countries that had been occupied during the war, and with specific groups such as the Conference on Jewish Material Claims against Germany.

The international court rejected Italy's argument that states' immunity did not apply in cases of war crimes and crimes against humanity committed by one country's army on the territory of another country.

Rome's case was supported by Greece, whose citizens have similar claims against Germany.

In 2008, the Italian court decided on the seizure of Villa Vigoni, a German-Italian cultural center on Lake Cuomo, to "enforce" the claims by Italians and Greeks seeking compensation. Germany's protest against the seizure formed part of its appeal to the World Court against Italy.

The Greek case involved residents of the Greek village of Distomo, where Nazi troops killed 214 civilians on June 10, 1944 ? one of the worst atrocities in occupied Greece.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2012-02-03-EU-World-Court-Germany-Italy/id-f08d4c69bd6f4ca2b0c1b70577a125f8

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