Functional Immunity of Foreign State Officials and Crimes under International Law Case

Abstract

State immunity — Functional immunity — Foreign State officials — Immunity from foreign criminal jurisdiction — Whether functional immunity applying to subordinate State officials — Customary international law

International criminal law — War crimes — Torture — Humiliating and degrading treatment — Gravity threshold — Universal jurisdiction — Afghanistan — Taliban — Afghan military

Jurisdiction — Universal jurisdiction — War crimes — Functional immunity — Foreign State officials — Immunity from foreign criminal jurisdiction — Whether functional immunity applying to subordinate State officials for war crimes committed abroad — Whether precluding criminal prosecution by domestic court

Relationship of international law and municipal law — General rules of international law — State immunity — War crimes committed by foreign State subordinate official in exercise of official functions to detriment of foreign national — Functional immunity — Whether precluding criminal prosecution by domestic court

War and armed conflict — Non-international armed conflict — Afghan military in conflict with non-State armed groups, including Taliban — Law of armed conflict — The law of Germany