Constitutional Case UP-13/99 (AA v. Germany)

In: International law reports, Band 168, S. 588-599

Abstract

588State immunity — Jurisdictional immunity — Customary law obligation to accord immunity — Acta jure imperii and acta jure gestionis — Civil action against State in respect of war crimes and crimes against humanity — Acts having status of acta jure imperii — Territorial tort exception to immunity — Whether applicable to acts of armed forces in conduct of armed conflict — Whether immunity set aside in case of grave illegalities — Jus cogens — Whether immunity available where State accused of violation of jus cogensHuman rights — Access to court — Limitations — Access to court restricted by doctrine of State immunity — Whether constitutionally legitimateWar and armed conflict — War crimes — Crimes against humanity — Occupied territory — Civilian population — Deportation — Concentration camp — The law of Slovenia