Il coraggio della Corte costituzionale nella sentenza n. 238 del 2014 crea un’ipotesi di rinvio…”à la carte?”

Comment to the decision no. 238/2014. Does the courage of the Italian Constitutional Court in the decision 238/2014 create a sort of referral “à la carte”?

Abstract

The article provides for a comment to the decision no. 238/2014 of the Italian Constitutional Court. The Court ruled on the constitutionality of the norm of adaption to international customary law introduced in the Italian legal system through Article 10(1) of the Constitution, as interpreted by the International Court of Justice in 2012, following an approach of the Court of Cassation aiming at disregarding the custom itself. The norm deprived the nation judge of the jurisdiction on acts of iure imperii of other States, in the case at issue of the Third Reich Germany.

human rights’ protection, State’s sovereignty, State’s liability, international customary law, conflict of rules