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Home » Archive » The National Constitution Trumps International Law

Christian Tomuschat
The National Constitution Trumps International Law
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The judgment of the Italian Constitutional Court (CC) of 22 October 2014 comes as a shock to the international legal community. After the International Court of Justice (ICJ) had declared, in its decision of 3 February 20121, that Italian courts are debarred from entertaining individual suits brought against Germany on account of war crimes committed during World War II, the issue of enforcing such claims before domestic courts outside Germany seemed to have become obsolete. Italy faithfully complied with the judgment by enacting Law No. 5 on 14 January 2013.

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