1954

ICJ

Case of the Monetary Gold removed from Rome in 1943 Italy v. France, UK, USA

By Agreement on Reparation from Germany 1946, Gold found in Germany should be pooled for distribution among countries entitled to it. Gold belonged to Bank of Albania was removed from Rome 1943. Gold was going to be delivered to UK (Corfu Case) but, Italy claimed to be entitled to receive the gold because some confiscation made by Albania in 1945 and that such claim had priority. Under the agreement Italy applied to ICJ claiming to have priority over UK (confiscations). Italy then questioned jurisdiction of ICJ

- ICJ is not merely called upon to say whether gold should be delivered to UK or Italy, but determine first legal question upon which solution depends - In order to determine whether Italy is entitled to receive gold it is necessary to determine whether Albania had committed international wrong v. Italy and had obligation to pay - To go into the merits would be to decide a dispute between Italy and Albania without the consent of Albania. Albania’s legal interests are the subject matter of the decision