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The immunities of States and international organisations

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Information on the contribution

Member State
Italy
Themes
Type of document
Jurisprudence
Permanent link to the contribution
https://www.cahdidatabases.coe.int/C/Immunities/Italy/1971/119
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Italy - Jurisprudence of 02/02/1971

Calì (individual) v. Government of the United States of America (State)

Author(ity)

Tribunal of Livorno

Date of the decision, of the judgment

02/02/1971

Points of law

The decision admits the immunity from civil jurisdiction only for foreign States when they act as sovereign bodies and not when they act as private subjects.

Summary of the case

According to a principle of international customary law, enshrined also in the London Convention on the Status of Armed Forces of NATO Countries of 19 June 1951, immunity from civil jurisdiction should be recognised to a foreign country only in case it acts as a sovereign entity, and not in case it acts as a private body. This provision is aimed at guaranteeing that public functions of States are protected from interference.

Sources

Giurisprudenza di merito, 1972, III, 24

Additional information (explanations, notes, etc.)

London Convention on the Status of Armed Forces of NATO Countries