Ein Aggressionstribunal für Präsident Putin: (K)eine Europäische Lösung?

This article deals with the conditions for prosecuting the Russian President Putin for the crime of aggression. The focus is on the question of whether a regional tribunal under the auspices of the Council of Europe could proceed without regard to immunity ratione personae. The article provides a comprehensive assessment of the current state of the law and shows where the law is in a state of limbo. To this end, it analyses the debates in international law on the immunity of heads of state and the nature of international criminal courts. Starting from the landmark decision of the ICJ in Arrest Warrant, the article analyses in particular the case law of international criminal courts over the past 20 years. The article concludes that the establishment of a tribunal through the Council of Europe would make no functional difference. Only a tribunal that enjoys virtually universal support beyond just the “western” States can proceed without regard to immunities.