Highlighting one international judge's view on State-sanctioned attrocities
Cross-posted from Major Karnage
I have just had to read through the entire ICJ decision on the Jurisdictional Immunities (Germany v Italy) case, including the mammoth dissent by Brazilian Judge Antônio Augusto Cançado Trindade, which was longer than the leading judgment and all of the other separate and dissenting opinions combined. I’ve been reading up on the guy a little and it sounds like he’s the ICJ version of Michael Kirby (anyone who has studied law in Australia would know what I mean).
I did come across one portion of his judgment that I thought would be worth reproducing. The case in general concerned judgments made in Italy against Germany for war crimes committed between 1943 and 1945. The issue was whether Italy had the right to put Germany on trial for war crimes or whether Germany had state immunity.
Trinidade thought they should, and he spent 88 pages constructing a legal system where the interests of humanity prevail over the interests of States and people subjected to massacres and slave labour would be entitled to justice in any legal jurisdiction. Fanciful? Maybe, but definitely compelling.
This is the best point that he made IMO, it concerns how the State creates a collective identity that dehumanises the individual to the point where atrocities like the ones committed by Nazi Germany can occur. These acts could never have been carried-out by
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