Delivering justice for victim states the italian experience in obtaining justice for victims of war through compensation : brief notes by filippo biolé

Abstract

This short paper is aimed to offer a brief food for thought on the Italian recent jurisprudence created in the last 25 years regarding access to justice for compensation claims deriving from crimes against humanity committed in wartime during the Second World War. It offers an excursus from the first case in the Supreme Court up to the proclamation by the Constitutional Court of principles in contrast with the international panorama regarding the customary principle of immunity between states, up to the proposal of supranational legal instruments with a deterrent effect for new armed conflicts between peoples under the ages of the Council of Europe.