La dichiarazione di incostituzionalità delle leggi di esecuzione della Carta delle Nazioni Unite e di adattamento alla sentenza della Corte internazionale di giustizia del 3 febbraio 2012

di Annalisa Ciampi

SOMMARIO: 1. Premessa. - 2. Il metodo. - 3. Il merito. - 4. Implicazioni ed effetti della pronuncia sul piano internazionale. - 5. Possibili scenari.

With judgment no. 238 of 22 October 2014, the Italian Constitutional Court declared customary international law on state immunity, as established by the International Court of Justice in the case concerning the Jurisdictional Immunities of the State (Germany v. Italy), inapplicable in the Italian legal order as far as war crimes and crimes against humanity are concerned. The Court also declared the unconstitutionality of certain Italian norms which had been adopted by Italy in order to give application to the said International Court of Justice’s Judgment. The Court further declared the 1957 Italian law of ratification of the UN Charter constitutionally unlawful “with respect to the execution given to Article 94 of the Charter, only to the extent in which it obliges Italian Courts to comply with the Judgment of the International Court of Justice of 3 February 2012". Both declarations of unconstitutionality are exceptional in several respects. This article consider the method and merit of the decision in respect thereof. It then seeks to explore their effects and practical consequences both nationally and internationally. The last paragraph seeks to draw conclusions about the impact of all of this.