Germany Takes Italian Nazi-Era Civil Damage Claim to ICJ

By Sarah Benczik
Impunity Watch Reporter, Europe

THE HAGUE, Netherlands - German officials announced on Saturday that they would bring a case against Italy at the International Court of Justice involving a recent decision by Italy's highest court awarding reparations to WWII Nazi victims. 

Italy's high court, the Court of Cassation, ordered Germany to pay $1.3 million (USD) to relatives of 203 citizens killed in Civitella, Italy in June 1944. The Court of Cassation awarded the damages as part of a civil case involving a German sergeant who was present in Civitella at the time of the massacre.  The German sergeant - Max Josef Milde - was sentenced in absentia to life in prison during an Italian criminal case against him.  Under Italian law, crime victims also have the right to seek civil damages as part of a criminal proceeding. 

Jens Ploetner, a spokesman for the German Foreign Ministry, stated that the ruling breached the well-established tenet in international law under which States have immunity from prosecution involving private citizens.  "It's not just in Germany's interest to clear up this question," he stated, "but in the interest of the international community. It's the foundation on which states resume lasting peaceful relations after armed conflicts, the basis on which to pay compensation and to rebuild dialogue and trust after such conflicts.''  Further, Germany claims that the 1961 Bonn Treaty closed compensation claims.  As part of the Treaty, Germany agreed to pay Italy 40 billion marks for war crimes. 

Last year German Chancellor Angela Merkel reported that Germany had paid €64 billion in reparations and compensation since the end of World War II.

For more information, please see:

Stuff.co.nz - Germany to fight Italy Nazi massacre case - 4 November 2008

Spiegel - Berlin Takes Rome to Court - 3 November 2008

Deutsche Welle - Germany to Fight Court Ruling on Damages for Nazi Crimes - 1 November 2008