nam 22 uu 4500 10.59704/e967e4bea8891b3f DE-Verfassungsblog cr||||| 240201s2024||||xx#|||||o|||| ||| 0|eng|| 10.59704/e967e4bea8891b3f doi eng 342 23 Schmid, Florian Author aut An Unfortunate Trend of Vagueness - Why Germany Should Reconsider its Position on Functional Immunity Ratione Materiae Schmid, Florian Verfassungsblog 2024-02-01 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The German Government is planning to change the procedural and substantive legal framework on international criminal law in Germany, with an expert hearing having taken placed on 31 January 2024 before the German Parliament’s (Deutscher Bundestag) Legal Affairs Committee. One aspect appears to have been totally neglected by the current draft proposal: the issue of functional immunity from foreign criminal jurisdiction in case of core crime charges. In this post, I highlight an ambiguity regarding the personal scope of functional immunity arising from German case law which the German Government and Parliament should take the opportunity to clarify with the current reform proposal. This is particularly important given that the ambiguity appears to have traveled to other jurisdictions as illustrated by the case of Ziada v. Netherlands. CC BY-SA 4.0 Criminal Proceedings functional immunity immunity ratione materiae International Criminal Law International Law Commission (ILC) Max Steinbeis Verfassungsblog gGmbH Verfassungsblog 2366-7044 https://verfassungsblog.de/an-unfortunate-trend-of-vagueness/ raw object