Germany said Thursday it is
analyzing an Italian Constitutional Court ruling that struck
down State immunity to civil prosecution for war crimes and
crimes against humanity lodged in other countries.
The court's decision on Wednesday essentially paved the way
for Italian victims of Nazi war crimes to seek reparations from
Germany.
"The German government is analyzing the ruling," Foreign
Minister Frank-Walter told ANSA.
"We will evaluate any steps needed to apply the German
government's juridical concept, which was upheld by the
International Court of Justice in The Hague in February 2012".
The ICJ in 2012 upheld an appeal by Germany against Italy
over compensation for victims of Nazi war crimes.
The court in The Hague ruled Italy "failed to recognise the
immunity recognised by international law" for the Third Reich's
crimes, and ordered Rome to annul compensation orders by
Italy's courts.
Berlin appealed to the ICJ in 2008 after two landmark
rulings brought the issue to the forefront.
In June 2008 the Cassation Court ruled that Germany must
pay compensation to 12 Italians who were taken prisoner by Nazi
forces and deported to Germany for slave labor after Benito
Mussolini fell from power and Italy abandoned its former ally
in September 1943.
Around 600,000 Italians, dubbed 'Hitler's slaves', are
believed to have been deported, most of them soldiers.
In October that year, the Cassation Court said that Germany
must also pay damages to the families of nine civilians killed
by German soldiers in three Tuscan villages during WWII.
A total of 203 people were shot dead in the towns of
Civitella, Cornia and San Pancrazio on June 29, 1944, in
retaliation for the murder of three German soldiers by
Italian partisans.
In both cases, judges rejected Germany's claims that it
was exempt from financial liability for crimes committed by Nazi
soldiers under accords drawn up in 1947 and 1961.
Meanwhile in Italy, the Jewish community hailed the court's
decision.
"This is a historic, exemplary ruling, a step towards
universal freedom and equality and to eliminating any
obstructions to the course of justice," said Jewish Italian
Communities Union President Renzo Gattegna.
The ruling was written by Justice Giuseppe Tesauro, who is
president of the Constitutional Court and whose mandate ends in
a few days.
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