Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

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/2000/465

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THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Greece - Jurisprudence of 01/01/2000

Prefecture of Boeteia v. The Fed. Rep. of Germany, judgment 11/2000

Author(ity)

Supreme Court (Areios Pagos) Plenary

Date of the decision, of the judgment

01/01/2000

Points of law

In cases of grave violations of the laws of war on land, and generally of rules recognized as having a jus cogens character, foreign States are not entitled to State Immunity.

Summary of the case

There is a general practice of States which has reached the status of international custom - thus constituting in accordance with article 28 par. 1 of the Greek Constitution an integral part of the Greek domestic law with increased force of validity - according to which domestic Courts have jurisdiction, in derogation of the principle of State immunity, to hear claims of compensation arising out of grave breaches of the laws of war. This derogation from the sovereign immunity rule refers to damages arising out of torts inflicted upon a specific number of persons of the civilian population by way of abuse of force by members of the occupying Force.

Sources

Dike (Trial) Greek Journal of Civil Procedure 2000, p. 696