Milde, Max Joseph fr

Country of proceedings: Italy
Context of crimes: World War II (Italy)
Date: 2006 - 2008
Keywords: Crimes against humanity (murder), reparation, immunity (sovereign)

Court Documents (in Italian)
21-10-2008 - Corte di cassazione: sentenza No. 1072

Presentation of the case
On 29 June 1944, SS soldiers perpetrated a massacre in the Italian town of Civitella, killing 203 civilians in reprisal for the murder of 2 soldiers in the hand of the Italian partisans. On 12 October 2006, the Italian military Court of La Spieza sentenced in abstencia a German citizen, Max Josef Milde, to life imprisonment for his role in this massacre. Max Josef Milde was sentenced for murder, pursuant Article 185 of the Italian Military Penal Code in time of war. The Court also upheld the complaints for compensation filed by the relatives of the victims against Germany.

On 21 October 2008, the Italian Supreme Court (Corte suprema di cassazione) upheld the Tribunal’s decision that the massacre of Civitella amounted to a war crime, and that no immunity from jurisdiction could be accorded to Germany for such acts. This case was part of a series of cases in which the Italian Courts developed a firm jurisprudence excluding State immunity in the case of violations of basic human rights or international crimes.

On 22 December 2008, Germany filled an application instituting proceedings against Italy before the International Court of Justice, arguing that since 2004 “Italian judicial bodies have repeatedly disregarded the jurisdictional immunity of Germany as a sovereign State.” The case is pending.

Related cases (International Court of Justice)
Jurisdictional Immunities of the State (Germany v. Italy)

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