On 22 january 2014 at the Court of Trieste (room no. 113 – ground floor, h 12.00), the long-expected hearing of the criminal process will be held, during which the validity of the Memorandum of Understanding of London of 5 October 1954, with regards to the exercise of jurisdiction on the part of an Italian judge, will be assessed.
The Memorandum of Understanding of London was endorsed and not signed by the Governments of Italy, United Kingdom, United States and the Federal People’s Republic of Yugoslavia, with the aim to hand over the civil administration of Zone A of the Free Territory of Trieste from the Anglo-American army to the Italian Government.
This is the first time the injured party itself has raised a motion for lack of jurisdiction appealing to the validity of the international treaties that recognize the independence of Trieste as Zone A of the Free Territory entrusted under mere civil and provisional administration to the Italian Government.
A mandate entrusted to the Italian Government (not to the Italian State) by the very Memorandum of Understanding of London of 1954 which does not allow the overlapping of the system of a third State such as that of Italy within Zone A of the Free Territory.
Justice in Zone A of the FTT is therefore to be managed by the administrator in compliance with the provisions of the Peace Treaty with the creation of judicial and operative bodies, and according to the regulations of the Permanent Statute respecting the rights of the administered population, starting from the right of self determination which is a peremptory norm of general international law, and as such, produces legal effects (rights and obligations) for the whole international community and cannot be derogated even by international agreements.
On the 22 january 2014 the Italian judge will therefore have to either declare the validity of the Memorandum of Understanding of London in force, and so doing the provisional administration of Trieste and its International Free Port, or declare it lapsed. In the latter case the administration of Trieste would directly return under the competence of the United Nations, as the Peace Treaty of 1947 has never been modified.
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