INTRODUCTORY NOTE TO THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA: PROSECUTOR V. GOTOVINA, DECISION ON GOTOVINA DEFENCE APPEAL AGAINST 12 MARCH 2010 DECISION ON REQUESTS FOR PERMANENT RESTRAINING ORDERS DIRECTED TO THE REPUBLIC OF

摘要

The Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia ("ICTY") has ruled that members of the defense legal team, including defense investigators, "enjoy functional immunity under Article 30(4) of the Statute of the ICTY with regard to acts that fall within the fulfilment of their official functions before the Tribunal due to their functions being 'necessary for the proper functioning of the ... Tribunal."'