## Facts

- Gennaro Boffolo, an Italian national, traveled to Venezuela in 1898 and later lived in Caracas as a householder.
- In 1900, Boffolo began publishing an Italian weekly newspaper, *Il Commercio Italo‑Venezuelano*.
- In an issue dated April 1, 1900, the paper contained an article mildly critical of local judicial officials and made a minor reference to the President; it also recommended reading a socialist paper, *El Obrero*, which Venezuelan authorities described as dangerous to public order.
- Shortly after the publication, Venezuelan authorities issued a decree ordering Boffolo’s expulsion, invoking domestic constitutional authority to expel foreigners said to lack domicile and be notoriously prejudicial to public order.
- During the expulsion events, Boffolo’s residence in Venezuela was reportedly broken into and plundered by private individuals.
- Italy espoused Boffolo’s claim before the Italian–Venezuelan Mixed Claims Commission, alleging wrongful expulsion and failure to protect his person and property (or to provide adequate redress).
- The national commissioners disagreed on liability, and the dispute was submitted to the umpire, Jackson H. Ralston, for a final decision.

## Issues

1. Whether Venezuela’s summary expulsion of Boffolo, based on his newspaper writings and the asserted lack of domicile/public‑order concerns, violated international law obligations owed to Italy and its national.  
2. Whether Venezuela incurred international responsibility for the burglary and plundering of Boffolo’s home during the expulsion events.  
3. What reparation, if any, was due for any internationally wrongful conduct found.

## Decision

- The umpire accepted that a State has a general power to expel foreign nationals as an act connected to sovereignty, but held that the exercise of that power is not beyond international review.
- On the record presented, the stated grounds for expulsion were not supported by facts showing a genuine threat to public order; Boffolo’s articles were limited in character and did not justify so severe a measure.
- The umpire concluded that Venezuela’s expulsion of Boffolo, in the circumstances shown, was unjustified and amounted to an internationally wrongful act toward Italy.
- The umpire awarded monetary compensation to Italy on Boffolo’s behalf for the wrongful expulsion.
- As to the plundering of Boffolo’s home, the umpire did not impose international liability absent sufficient proof of official participation, official direction, or a qualifying failure by the State (such as denial of justice) connected to the private wrongdoing.

## Legal Principles

- A State may expel aliens, but international law limits the manner and grounds of expulsion; it must not be arbitrary, abusive, or unsupported by the facts relied upon.
- When an expelling State asserts “public order” as a justification, it bears the burden of showing that the facts reasonably connect the alien’s conduct to a real danger, not merely political discomfort or mild press commentary.
- Longstanding residence and settled life in the territory may weigh against treating an alien as lacking sufficient connection to justify summary expulsion.
- If allegedly unlawful expression amounts to a punishable offense under local law, ordinary legal proceedings are the expected means of response; resort to expulsion without adequate cause can breach the international standard of treatment.
- For harm caused by private actors (such as burglary and looting), international responsibility generally requires proof of State involvement or a serious failure of protection or judicial response rising to an international wrong; mere وقوع of private crime is not enough.
- Where wrongful expulsion is established, monetary compensation is an available form of reparation in inter‑State espousal before a mixed claims commission.

## Conclusion

In *Boffolo (Italy v. Venezuela)*, the umpire treated expulsion as a sovereign prerogative subject to international limits and held that Venezuela’s summary removal of an established resident publisher, based on modest newspaper content and unsupported claims of public‑order danger, was unjustified; the award granted compensation for the wrongful expulsion while declining to hold Venezuela internationally liable for the separate looting allegations without proof tying that private misconduct to the State.


Boffolo Case (Italy v. Venezuela), 10 R.I.A.A. 527, 531 (1903)