Without a Doubt - German Federal Court Rules No Functional Immunity for Crimes Under International Law

Abstract

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.

Keywords

• Bundesgerichtshof
• Criminal Law
• Deutschland (Bundesrepublik). Bundesgerichtshof | Karlsruhe
• German Federal Court of Justice
• Humanitäres Völkerrecht
• Immunität [Recht]