Sovereign immunity - tort- exception - just cogens violations - World War II reparations - international humanitarian law

Article Abstract:

The authors discuss the Greek Supreme Court's decision in Prefecture of Voiotia v. Germany, which involved World War II reparations for German atrocities and damage and whether a tort exception to sovereign immunity could be claimed.

Germany, Torts, Restitution and indemnification claims (1933- )

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State responsibility in private civil action - sovereign immunity - immunity for jus cogens violations - belligerent occupation - peace treaties

Article Abstract:

The Greek Court of First Instance ruled on Oct. 30, 1997 in Prefecture of Voiotia v. Germany that Germany could not claim sovereign immunity for atrocities committed during World War II against the residents of Distomo in Voiotia. Immunity could not be claimed because German military officers refused to abide by the principles of jus cogens. Jus cogens ensures the welfare of civilians be protected in time of war and was established at the International Military Tribunal at Nuremberg. Germany refused to offer compensation awarded in the case.

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The contemporary law of superior responsibility

Article Abstract:

The author assesses developments in the law of military superiors' liability for crimes carried out under their command, in light of decisions by the UN International Criminal Tribunals for the Former Yugoslavia and Rwanda, with a focus on mens rea and causation standards.

International, Military aspects, Criminal liability, Criminal intent, Command of troops

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