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The immunities of States and international organisations

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Information on the contribution

Member State
Greece
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Greece/2002/461
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Greece - Jurisprudence of 01/01/2002

X. v. Federal Republic of Germany, judgment 6/2002

Author(ity)

Special Supreme Court

Date of the decision, of the judgment

01/01/2002

Points of law

The Special Supreme Court held that there is no rule of customary international law providing that a State may be brought before the Tribunals of another State for civil liability arising out of crimes committed either in wartime or in peacetime by its armed forces.

Summary of the case

Sources

Archeion Nomologias (Archive of Case-Law in Greek) 2003, p. 40.

Additional information (explanations, notes, etc.)

The Court held that at the present stage of development of international law, there still applies a generally accepted legal rule pursuant to which a State cannot be validly brought in civil proceedings before the Courts of another State for compensation resulting from any kind of tort which took place on the territory of the forum, if in such tort were involved the military forces of the defendant State, either in time of peace or in time of war.