The action
In June 2001, the Principality of Liechtenstein felt itself obliged to go to the ICJ in order to protect its sovereignty and the interests of its citizens, because Germany had refused - after several years of diplomatic consultations - to even consider entering into negotiations with Liechtenstein. The decision to file the application to the ICJ was taken by governmental resolution on 23 January 2001.

The immediate question for the Court is the threshold one of whether the case is admissible. Both parties will have the opportunity, during the week-long hearing, to persuade the Court whether or not Liechtenstein's case should proceed to a full hearing on the merits of the case. In the Principality's view, Germany is treating Liechtenstein property in the territory of former Czechoslovakia as German external assets and is using it to settle German reparation debts from World War II. Liechtenstein argues that Germany thereby disparages Liechtenstein's sovereignty and neutrality and violates property rights of Liechtenstein citizens.

The Principality of Liechtenstein is represented by its Special Commissioner and Agent, the Düsseldorf-based attorney-at-law Dr Alexander Goepfert, who is a partner of the international law-firm Freshfields Bruckhaus Deringer.

Objective of the proceedings
As the principal judicial organ of the United Nations, the ICJ is being asked to rule that Germany is breaking international law. In its pleading, Liechtenstein complains that Germany fails to respect the statehood of Liechtenstein, which has been a sovereign state since 1806 and was neutral during World War II, as well as the property rights of Liechtenstein citizens. Accordingly, the Principality has asked the ICJ to declare that Germany is in breach of the principles of international law and should make redress for the damage and losses suffered.

Among the injured are a number of Liechtenstein families whose property in the former Czechoslovakia was expropriated without compensation after 1945 under the "Beneš-Decrees". The property in question included extensive landed property, forests, houses and castles including their contents, works of art and businesses.

Background
In diplomatic consultations between the two States, the German federal Government confirmed its position that this confiscated property of Liechtenstein citizens was to be treated like German external assets and could therefore be used to settle German war debts. The German Foreign Office invokes in this connection a decision of the Federal Constitutional Court in January 1998.

Emphasizing the importance of the claims raised by the state and its citizens, Liechtenstein has appointed a group of distinguished legal advisers. In addition to the Special Commissioner and Agent, the attorney-at-law Dr Alexander Goepfert, this group comprises the internationally renowned expert in international law, Professor Dr Dieter Blumenwitz (University of Würzburg), Professor Dr Thomas Bruha (University of Hamburg), Professor Dr James Crawford from Cambridge (Special Rapporteur for the topic "State responsibility under international law" of the United Nations' International Law Commission), Professor Dr Gerhard Hafner (University of Vienna) and Professor Alain Pellet (University of Paris X-Nanterre).

Furthermore, the Principality of Liechtenstein has taken advantage of its right to appoint an "ad-hoc judge" for the proceedings who will join the 15 permanent judges in the World Court. Liechtenstein chose to appoint Professor Sir Franklin Berman. KCMG, QC. Sir Franklin is a distinguished international lawyer who was for some years the chief legal adviser to the Foreign and Commonwealth Office and has been involved in many cases before the ICJ and other international tribunals.

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