Il tempio e i suoi sacerdoti. Considerazioni su retorica e diritto a margine del caso Germania c. Italia

Abstract

This article aims at exploring the rhetorical structure of the recent ICJ Judgment o The Jurisdictional Immunity of the State (Germany v. Italy). By showing that the Court has a particular audience, the article sets out to investigate how the ICJ attempts to exercise its influence on the actors that make up such an audience. It is submitted that the rhetorical adequacy of the judgment to the needs and expectations of the Court's audience is key to understanding the outcome of the case (as well as its apparent persuasive force) and to explaining why arguments based on the protection of human rights were unlikely to succeed.