Problematic developments in the field of functional immunity of military personnel before national and international judges

The study provides a sketch of the immunity principles, distinguishing personal and functional immunity as most scholars do. It deals with the hidden and political relationship between functional immunity and international peace and security, taking into account recent events that denote how States are far from willing to see their officials being prosecuted abroad, in particular while discharging UN authorized or sanctioned operations. It also analyses relevant cases adjudicated by international and domestic courts, highlighting how, while international judges are more willing to recognise immunity ratione materiae as a customary rule which do not accept any exception, domestic courts, which are commonly more sensitive to human rights claims, are more and more out of their element with the idea of being banned from prosecuting foreign officials whereas they commit criminal deeds. Lastly, it draws some conclusions and I will try to highlight some small openings in current case law so much so to suggest a possible balance between competing claims, namely the human right to access to justice and immunity ratione materiae as a requirement for international peace and security.