It is generally acknowledged that functional immunity from the
the first: functional immunity attaches only to official activities
Reinisch also noted that "the idea of functional immunity is rather imprecise insofar as it could refer both to the rationale of granting immunity at all .
Dekker & Schechinger, supra note 29, at 3 ("[I]f a national court could decide whether immunity was 'necessary' for the functioning of the international organization in a given case, the essence of functional immunity would be lost for all practical purposes.
As the Plaintiffs have sued former UN officials, each of whom held a rank of Assistant Secretary-General or higher, it is this functional immunity
, which the CPIUN incorporates by reference, that is relevant.
The adult:child ratio (ACR) of malaria admissions is a simple tool we have used to assess the degree of functional immunity in the catchment population of a health facility.
Small changes in climate may therefore provide transiently suitable conditions for unstable transmission in populations that have acquired little functional immunity (8,9,30).
jurisdictional immunity under international law to be granted in respect of a specific function of states (or international organizations), (116) Jean Salmon's suggestion that case law has retained functional immunity even for ultra vires conduct (117) might have a bearing upon individuals' entitlement to state immunity for conduct of a similar sort.
Strictly speaking, each functional immunity provision should be interpreted and applied in accordance with its own object and purpose, and no generalization ought to be lightly assumed.
Such ruling echoed the application of functional immunity
, or protection from suit that would apply only in the performance of a diplomat's official functions.
Personal immunity, or immunity ratione personae, provides broad immunity for persons holding certain government positions, including heads of state and diplomats, while functional immunity
, or immunity ratione materiae, refers to immunity that covers particular acts of state officials.
The I louse of Lords recognised the limitations of a former head of state's functional immunity
, asserting that the commission of crimes to which international criminal accountability must attach (specifically torture in Pinochet's case) cannot be recognised as being protected by such functional immunity
, notwithstanding that the commission of these crimes may have been undertaken under the guise of official or government authority.
The majority of the panel, taking the view most cogently articulated in Lord Nicholls's opinion, rejected the notion that the functional immunity
of a former Head of State, within the meaning of the Vienna Convention on Diplomatic Relations (VCDR) and implementing legislation of the U.
This form of functional immunity
is absolute for sitting heads of state, heads of government, foreign ministers, and other high-ranking officials.
3), the UK House of Lords ruled that former Heads of State can be held accountable for the jus cogens crime of torture in foreign domestic courts, notwithstanding their pre-existing functional immunity