In the present case, this question is important with respect to war crimes and crimes against humanity, which, it may be argued, have been carried out for the purposes of State policy and, thus, in the exercise of one's functions.
尽管如此，法院采用的并不是经典学说，而是一种相反的学说，即以`私人身份'行使职能期间做出的行为不享有豁免权。