14 June 2024
Without Fear or Favour
Germany, like any other State Party to the Rome Statute, would be obliged under international law, and would be capable under German law, to arrest any person against whom the ICC has issued an arrest warrant, be it President Putin or, in future, perhaps one of the Hamas leaders, Defence Minister Gallant or Prime Minister Netanyahu. The opposing view not only misrepresents the current state of international law, but it also contradicts the Nuremberg legacy, which must be upheld particularly by Germany. Continue reading >>
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19 April 2024
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. Continue reading >>
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