An Unfortunate Trend of Vagueness - Why Germany Should Reconsider its Position on Functional Immunity Ratione Materiae Schmid, Florian Author aut Text xx# 2024 Verfassungsblog 2024-02-01 eng
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 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 Schmid, Florian Criminal Proceedings functional immunity immunity ratione materiae International Criminal Law International Law Commission (ILC) 342 https://verfassungsblog.de/an-unfortunate-trend-of-vagueness/ Verfassungsblog 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/e967e4bea8891b3f 240201 10.59704/e967e4bea8891b3f Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)