National Implementation of IHL
Lozano case, Court of Cassation, 24 July 2008
Lozano, sentenza n.31171/2008, Suprema Corte di Cassazione, Sezione Prima Penale

Court of Cassation
(last accessed on 30.08.2013)

In reviewing sentence, the Court of Cassation dealt with the subject of the effectiveness of the general principle of international law regarding functional immunity (ratione materiae) of a foreign State’s individual or organ from the civil or criminal jurisdiction of another State. The Court held that a recent trend is developing in civil and criminal liability, pertaining to criminal activity and whether or not iure imperii by a State’s organ applied to it.

According to these developments, the Court pointed out how this principle can be derogated in cases of a breach of peremptory norms of general international law that safeguard freedom and human dignity as fundamental values. In the opinion of the Court, as security for the basic values of the whole international community, in the presence of international crimes, it is not possible to invoke the functional immunity of foreign State organs.

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