Can a state be granted state immunity in respect of its violations of international humanitarian law in Italy?

In Germany v. Italy, the I.C.J. considered whether Germany could benefit from state immunity in respect of its violations of international humanitarian law in Italy during the Second World War. The court observed that there was a substantial body of state practice which demonstrated that customary international law did not consider a state’s entitlement to immunity as being dependent upon the gravity of the act of which it was accused or the peremptory nature of the rule which it was alleged to have violated (paras. 89-91).