Concetto/Moderazione: Dr. Eleonora Branca (Università degli studi di Verona / Italienzentrum der Freien Universität Berlin)

Partecipanti: Dr. Eleonora Branca (Università degli Studi di Verona), Prof. Dr. Helmut Aust (Freie Universität Berlin), Prof. Attila Massimiliano Tanzi (Università di Bologna), Dr. Fabio Ferrari (Università degli Studi di Verona), Dr. Björnstjern Baade (Freie Universität Berlin)

In lingua inglese

In collaborazione con la Facoltà di Giurisprudenza della Freie Universität Berlin.

Sui contenuti del workshop:
Victims of international crimes perpetrated by the Nazi regime between 1943 and 1945 have sought redress from Germany before Italian Courts in the last 20 years and their claims are still pending. The strength of the demand of justice for crimes committed more than 70 years ago calls for a comprehensive reflection both on its reasons and of its means. The legal analysis will clarify what are the instruments offered by international law, constitutional law and domestic law to victims of mass atrocities seeking an effective remedy against a State before domestic courts of a foreign State. Moreover, the rationale of State immunity as a corollary of the core principle of sovereign equality of States in international law will be the subjected to careful scrutiny.

            The first part of the workshop is dedicated to the difficult dialogue between Italian national courts and international courts on where to strike a fair balance between the fundamental rights of individuals to an effective remedy for ius cogens violations and the right of States to immunity from foreign jurisdiction. In particular, the legal and political implications of future Italian judgements against German properties will be analyzed.

            The second part of the workshop examines the very meaning of ‘effective remedy’ under a legal and philosophical perspective. The human rights dimension of the right to a remedy will be analyzed, while other forms of compensation per equivalente will be taken into account, stressing the difficulties of dealing with mass atrocities in a courtroom.