¹ Al-Adsani v UK App No 35753/97; (2002) 34 EHRR 111; 123 ILR 24; Fogarty v UK App No 37112/97; (2001) 34 EHRR 302; McElhinney v Ireland and UK App No 31253/96, Judgment of 21 November 2001; (2002) 34 EHRR 5; 123 ILR 73

² Jurisdictional Immunities of the State (Germany v Italy, Greece Intervening) ICJ Judgment, 3 February 2012.

³ It noted that ‘nine of the ten States referred to by the Parties which have legislated specifically for the subject of State immunity have adopted provisions to the effect that a State is not entitled to immunity in respect of torts occasioning death, personal injury or damage to property occurring on the territory of the forum State (70) … indeed none of the seven States in which the legislation contains no general exclusion for the acts of armed forces, have the courts been called upon to apply that legislation in a case involving the armed forces of a foreign State … acting in the context of an armed conflict (71) …’.

⁴ The Court considered that ‘for the purposes of the present case the most pertinent State practice is to be found in those national judicial decisions which concerned the question whether a State was entitled to immunity in proceedings concerning acts allegedly committed by its armed forces in the course of an armed conflict’ (73).

⁵ The Greek Special Supreme Court rejected the reasoning of the Hellenic Supreme Court regarding State immunity in its judgment in Margellos v Federal Republic of Germany (Case No 6/2002) (ILR vol 129, p 525). Jurisdictional Immunities, para 76.