Distomo Massacre Case (Greek Citizens v. Federal Republic of Germany)

Abstract

State immunity — Jurisdiction — Doctrine of restrictive immunity — Exception to immunity for civil claims in tort — Immunity from civil proceedings in respect of acts of armed forces — Whether such immunity absolute — Whether any exceptions for war crimes or crimes against humanity

War and armed conflict — Enforcement of the laws of war — Compensation and reparations — War crimes and crimes against humanity — Claim for compensation brought by victims before municipal courts — Atrocities committed during Second World War — Fourth Hague Convention on the Laws and Customs of War, 1907, Article 3 — Whether creating right for individuals to claim compensation — Effect of lack of reciprocity — Effect of Treaty of Final Settlement with respect to Germany, 1990 — Whether lack of remedy violating international humanitarian law or special rules applicable for crimes committed by Nazi Germany — The law of the Federal Republic of Germany