Articles for tag: Bundesgerichtshoffunctional immunityGerman Federal Court of JusticeHumanitäres VölkerrechtInternational Law Commission (ILC)Strafrecht

Without a Doubt

The German Federal Court of Justice recently announced that the exclusion of functional immunity for foreign state officials in cases of international crimes is “without a doubt” part of customary international law. Like many others in academic literature, we agree with this conclusion – the German government would be well advised to embrace it and put an end to its long-standing ambiguous position on the matter.