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It would certainly be dangerous, and people can debate whether or not that would work, but say you shot Putin near St Petersburg through the head with a sniper rifle, and slipped away on a speedboat to Finland or Estonia or similar, reporting to the border post as is appropriate, and make your way around, and let´s also assume you didn´t take the weapon with you and ergo you aren´t smuggling weapons either.

Could you actually be prosecuted in the West for this?

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    Why wouldn't you be? (prosecuted) He is the head of State of a country with which yours is not at war. This, to me, is a hypothetical and non-sensical question.
    – CGCampbell
    Commented Jul 18, 2023 at 10:09
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    If you are not extradited, for what ever reason, you can generally be charged for serious crimes in another jurisdiction. For cases where Thou shalt not kill applies, assume you will be charged, judged and if found guilty punished. Commented Jul 18, 2023 at 10:23
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    The laws of war wouldn't exclude Russians from prosecution either.
    – PMF
    Commented Jul 18, 2023 at 15:18
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    Just as general advice, when asking a hypothetical question here, it's best to include only those details that you really believe are relevant. The details about the type of weapon, location of wound, type of boat, etc, are unnecessary and overly graphic. You are asking a question about the law, not writing a spy thriller. I think this may explain some of the downvotes you are getting. Commented Jul 19, 2023 at 14:14
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    @NateEldredge I added those details to avoid things like a western country charging you for other crimes like weapons smuggling or illegally crossing the borders. Commented Jul 20, 2023 at 12:41

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Let us assume our assassin is German, and ends up being accosted by German authorities after the shooting. What justification might they try?

There is a war going on.

While it is true that fighting in a war is not legally considered murder, for this argument to apply the act needs to happen as part of the war, and ideally take place between combattants. If our assassin had joined the Ukranian special forces, received orders to conduct the operation, and was wearing a uniform or similar while doing it, they'd be in the clear [as far as murder is concerned - there is still joining a foreign military]. But the assumption is that our assassin is not affiliated with Ukraine, and as such, they are clearly not a combattant. This argument doesn't work.

It was 'Notwehr'.

German law recognizes acting in defense of others as justification. If you come across a murder-in-progress, and killing the would-be murderer is the most viable way to stop it, you can kill the murderer. Our assassin could try to argue that Putin is engaged in the ongoing murder of Ukranian civilians, and that they killed him to stop that. The problem here is the unspecific casual connection between Putin's orders and people dying. For this defense to work, there should be a specific person who is still alive who would have been killed on Putin's orders if not for the assassination. This is unlikely.

It is none of your business.

Why would German authorities even care? Well, German law forbids Germans from murdering anyone anywhere (and likewise, it forbids anyone anywhere from murdering Germans).

It was necessary.

There is been extensive legal debate in Germany regarding the assination attempt on Hitler by Georg Elser in 1939. But no consensus has been reached as to how exactly the legal system should deal with 'Tyrannenmord', the act of killing an evil dictator. So even political considerations aside, the trial of our assassin would probably get very interesting - and I couldn't predict the outcome.

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  • And Tyrannenmord would only apply to getting rid of a german tyrant
    – Trish
    Commented Jul 22, 2023 at 9:55
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    @Trish Most of the overall reasoning would apply in general. Of course, for a German tyrant one can appeal to Article 20 (4) of the Grundgesetz for explicit legal justification.
    – Arno
    Commented Jul 22, 2023 at 10:37
  • If you killed an arbitrary person in Russia and then fled to Germany, it would be considered a crime, not prosecuted in Germany because it didn't happen in Germany, but would lead to extradition. I know there are specific laws in Germany about insulting a current or former foreign head of state, when done by Germans in Germany. Would there be specific laws about killing not a random person, but a foreign head of state, which is surely worse than just insulting them?
    – gnasher729
    Commented Jul 22, 2023 at 14:42
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    @gnasher729 Germany does not extradite Germans to Russia.
    – Arno
    Commented Jul 22, 2023 at 14:52
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    @nick012000 The German army is only allowed to engage in hostile actions if either it was determined that Germany is under attack by a foreign country or if it has been explicitly authorized by the Bundestag. Thus, the orders are illegitimate, and the assassin couldn't rely on them as defence. To my knowledge, the BND (the German foreign intelligence agency) has no authority to kill at all.
    – Arno
    Commented Oct 20 at 11:06

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