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 attracted considerable interest, particularly concerning claims for damages brought against the People's Republic of China for harm arising from the Covid-19 pandemic. The Court established the absence of jurisdiction for the Italian judge, invoking the principle of immunity of foreign states from civil jurisdiction.

Context of the Judgment

The central issue addressed by the Court concerns the possibility of initiating compensation proceedings against a foreign state entity for acts deemed harmful. Specifically, the Court affirmed that the claim for damages against China, linked to the spread of the virus, is inadmissible by virtue of the immunity of foreign states from civil jurisdiction, which is considered a customary international law rule.

Headnote of the Judgment

Covid-19 Pandemic - Claim for damages brought against the People's Republic of China - Italian Jurisdiction - Exclusion - Basis - Immunity of foreign states from civil jurisdiction - Applicability - Acts performed "iure imperii" - Limits. Italian jurisdiction is lacking over 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 applies to all acts performed "iure imperii," constituting an expression of sovereignty inherent in political power, with the exception of those that violate inviolable human rights and constitute war crimes or crimes against humanity.

Immunity and Acts Iure Imperii

The Court reiterated that the immunity of foreign states applies to all acts performed iure imperii, meaning in the exercise of their sovereignty. This principle is fundamental to ensuring respect for international relations and the absence of interference in the sovereign rights of each state. However, there are certain exceptions, such as in cases of acts violating inviolable human rights 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 over foreign states. It highlights the delicate balance between international law and the pursuit of justice for 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.