In a previous post I drew attention to issues relating to functional immunity for a Defence Counsel practicing before the ICTR. A similar issue has arisen before the ICTY, involving domestic criminal proceedings against an investigator and other members of a Defence team, and seizure of documents and other materials. On 14 February 2011 the Appeals Chamber rendered a decision in the case of Prosecutor v. Gotovina et al. relating to the issue of functional immunity for members of the Gotovina Defence team. 1. Background In June 2008 the Prosecution had requested the Trial Chamber to issue an order pursuant…