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Personal Immunities Redux before A Special Tribunal for Prosecuting Russian Crimes of Aggression: Resistance is Futile!

Since the Russian Federation renewed its aggression against Ukraine with a full-scale invasion in 2022, the world has been abuzz with initiatives and proposals to create a special tribunal for prosecuting Russian political and military leaders for committing the crime of aggression (see for instance Open Society Justice Initiative, the European Parliament, The Elders, and Ban Ki-moon). Quite naturally, legal scholars have weighed in on all sorts of challenges that are raised by the implementation of such a momentous project. One of the most crucial legal issues is the question of immunities which, under international law, benefit the officials of a State and in particular immunities ratione personae attached to the troika of heads of State, heads of government and ministers of foreign affairs. This contribution will consider a number of legal issues raised by various suggestions – see for instance Johnson, Dannenbaum, Eboe-Osuji (see also extended version of Eboe-Osuji in the…

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