Between State Immunity and Individual Compensation Claims


03.12.2009, 00:00 Uhr

On 3 December 2009, in cooperation with the Republican Lawyers Association (RAV), a panel discussion on the State Immunity Case, currently before the International Court of Justice, was arranged. In the case, Germany challenges the decision of the highest Italian court, which called for Germany to compensate to war victims, and forced laborers from the Second World War.
In the first ECCHR panel on the ICJ proceeding, Professor Andreas Fischer-Lescano and Dr. Monika Lüke, General Secretary of Amnesty International, Germany and ECCHR-Advisory Board member, traced the development of individual claims for compensation in public international law. They emphasized the growing influence of human rights law with regard to immunity. While the role of politics in the sphere of law should not be underestimated, the panelists stressed that the common legal objections against individual claims of war victims can all be refuted.

 During the second panel, political scientist Dr. Anja Hense spoke about the compensation proceedings after the Second World War and German strategy to delay and avoid such proceedings. Lawyer Martin Klingner, who represents victims of German war crimes in the Italian courts, clarified this strategy by describing the course of his case. If single parts of the state apparatus had committed human rights violations, he maintained, states could not invoke the principle of immunity towards foreign courts with regard to the compensation victims. This practice is incompatible with human rights law and increasingly with international legal standards.


Accountability for torture in Syria – Sweden's role in the struggle against impunity


20.02.2019, 18:00 Uhr

Fredsgatan 2, Stockholm, Sweden

There will be a livestream of the event:
in English via CRD’s Facebook page and in Arabic via
ECCHR’s Facebook page

Torture, enforced disappearances and extrajudicial executions of political...

Swakopmund , Windhoek

Namibia: A Week of Justice

Event Series

25.03.2019, 19:00 Uhr

Colonial Repercussions: Reflecting on the genocide against Ovaherero and Nama peoples 115 years later

The return of human remains from Germany to Namibia, the lawsuit brought before a US court by...


read more