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The International Court of Justice in The Hague ruled in favour of Germany in its dispute with Italy on the issue of payment of compensation to victims of Nazi crimes.

With its decision, read by President Hisashi Owada, the International Court of Justice requires Italy to ensure that they all court decisions contrary to the principle of extraterritoriality will be cancelled.

In particular, regarding the issue with Greece, the Court considers that Italy's decision to allow decisions of Greek courts against property of the German State to be executed on Italian territory, violates the principle of extraterritoriality, recognized by international law.

"The Court considers that the refusal of the Italian courts to recognize the principle of extraterritoriality is a breach of their obligations to the German state", said Judge Owada during the reading of the decision in an open session at Peace Palace in The Hague.

The decision of the Court finally puts an end to the dispute relating to the enforcement of judgments for the victims of Distomo in Italy. The question that remains, however, is what will happen on Greek territory. Because, as lawyers stressed, the Court made a decision only that Italy had breached international law by authorizing the execution of Greek solutions in Italy. It is only a matter of interpretation whether the same reasoning would apply to the Greek courts, which are not mentioned therein.

Lawyer Stelios Perakis, professor of international and European institutions who is authorized by the Greek State to represent it said after the decision reading: "The decision of the International Court of Justice follows a clear conservative path, by interpreting the existing international law in a very narrow sense. It does not allow any practical change on the issue of extraterritoriality of states. And this happens keeping in mind that the issue was posed by individuals who seek redress citing serious violations of the humanitarian law and human rights during an armed conflict, occupation and so forth. The Court ruled that Italy had infringed its international obligations with their issued judgments accepting the demands of individuals. Also included are the decisions of Greek courts in connection with the massacre in Distomo."

On the other hand according to Perakis the Court has clarified that Italy and Germany will have to begin negotiations to clarify exactly what will happen on the issue of reparations.

“It is a question of interpretation how to continue the legal battle in Greece. A battle that must in any case end positively, given that it is supported by the final judgment of our senior judges", emphasizes, in turn, lawyer Kelly Stamouli, daughter of the late Ioannis Stamoulis who in 1997 began a legal battle, representing the victims of Distomo.

(On 10 June 1944 in the village of Distomo one of the largest massacres in the Balkans took place during World War II. 218 people were killed, including 53 children).

Attorney Kelly Stamouli refers to the decision of the Supreme Court, which in 2000 ruled in favour of the plaintiffs. However, the decision was not executed because under Greek law in order for judgment against a foreign country to be executed, it must be authorized by the Minister of Justice.

The International Court of Justice stresses that the decision of the Greek Supreme Court is still in force, a fact which means that hypothetically it could be enforced. But whether the Minister of Justice will issue such permission, is a matter of a political decision.

The story of a lost battle

The decision of the International Court of Justice is the last act of the drama that began in 1997 when attorney Ioannis Stamoulis decided to represent the relatives of Distomo victims who filed individual claims for compensation against the German state. "Until that point the issue of compensation was part of discussions at a country and international diplomacy level. My father was the first who decided to move the issue to the level of an individual claim. For the first time sons, daughters and relatives of the victims were able to take the case into their own hands and request compensation for the crimes of which they had become victims," said Kelly Stamouli.

Greek feast victory

For Distomo claimants the first act of the drama was performed in 1997, before the District Court in Livadia. There Ioannis Stamoulis represented relatives of 218 victims of the massacre and won the case, which ended with the decision that 9.5 billion Drachmas should be paid as monetary compensation for the pain and suffering of relatives.

The case continued in the Appellate and Supreme Court (after appropriate review by the German state), where it is judged once again in favour of the plaintiffs. However, payment of compensation was not ordered due to the above mentioned requirement of authorization by the Minister of Justice. Such permission had not been granted by any minister so far, with the excuse that they should not cause tension in the relations between Athens and Berlin.

Victory in the Italian courts

Recognising that in Greece the victory is doomed to remain only on paper, Ioannis Stamoulis decided to present the case before the Italian courts. The plaintiffs placed a particular issue on the table: they want the Italian justice to allow the decision of the Greek court against German property to be executed in Italy, based on an European regulation that allows the decisions of one Member State to be executed in another.