Judgment No. 16136 of 2024: Immunity of the People's Republic of China and Italian Jurisdiction

The recent order No. 16136 of June 11, 2024, issued by the Court of Cassation has generated significant interest, especially concerning the compensation claims made against the People's Republic of China for damages resulting from the Covid-19 pandemic. The Court established the absence of jurisdiction of the Italian judge, invoking the principle of immunity of foreign states from civil jurisdiction.

The Context of the Judgment

The central issue addressed by the Court relates to the possibility of bringing a compensation claim against a foreign state entity for acts deemed harmful. In particular, the Court stated that the compensation claim against China, linked to the spread of the virus, is inadmissible due to the immunity from civil jurisdiction of foreign states, which can be seen as a customary international law norm.

Summary of the Judgment

Covid-19 Pandemic - Compensation claim filed against the People's Republic of China - Italian jurisdiction - Exclusion - Basis - Immunity from civil jurisdiction of foreign states - Configurability - Acts performed "iure imperii" - Limits. The jurisdiction of the Italian judge is lacking on the claim brought against the People's Republic of China for compensation for damages arising from the spread of the Covid-19 pandemic, due to the immunity of foreign states from civil jurisdiction, which can be configured as a customary international law norm for all acts "iure imperii," constituting an expression of the sovereignty of political power, except for those harmful to inviolable rights of individuals and constituting war crimes or crimes against humanity.

Immunity and Acts Jure Imperii

The Court reiterated that the immunity of foreign states applies to all acts performed iure imperii, that is, in the exercise of their sovereignty. This principle is fundamental to ensuring the respect of international relations and the absence of interference in the sovereign rights of each state. However, there are some exceptions, such as in the case of acts harmful to inviolable rights of individuals or war crimes, which may justify the intervention of Italian jurisdiction.

  • Immunity from civil jurisdiction
  • Acts iure imperii
  • Exceptions to immunity

Conclusions

In conclusion, judgment No. 16136 of 2024 represents an important clarification on the issue of Italian jurisdiction concerning foreign states. It underscores the delicate balance between international law and the justice needs of citizens. It remains to be seen how this ruling will influence future attempts at legal action against foreign states and what developments will occur regarding liability for damages caused by global events such as the Covid-19 pandemic.

Bianucci Law Firm