State Immunity from Execution - The Landmark Judgment of the International Court of Justice on the “Jurisdictional Immunities of the State” Case

Abstract

In its judgment on the “Jurisdictional Immunities of the State” case, the International Court of Justice found that Italy breached its obligations under international law not only for violating Germany’s immunity from jurisdiction but also for violating Germany’s immunity from execution. The Court found that Italy breached Germany’s immunity from execution in taking measures of constraint against Villa Vigoni, a German property situated in Italian territory which hosts a German-I!alian cultural centre. This paper addresses the issue of State immunity from execution through the study of the above-mentioned judgment of the International Court of Justice and a related analysis of the United Nations Convention on Jurisdictional Immunities of States and their Property, adopted in 2004 by the General Assembly but still awaiting entry into force.