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ICC: Mongolia violated the Rome Statute by not arresting Putin

16:19, 25.10.2024
ICC: Mongolia violated the Rome Statute by not arresting Putin

In September, Mongolian President Ukhnaagiin Khürelsükh shook hands with Vladimir Putin when his country should have arrested him immediately. Photo by Rex/East News
In September, Mongolian President Ukhnaagiin Khürelsükh shook hands with Vladimir Putin when his country should have arrested him immediately. Photo by Rex/East News

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"The court itself has no power; it is a paper tiger. It has done all it can and reached a verdict. Without the voluntary cooperation of the States Parties to the Rome Statute, it can only write texts," the lawyer noted.

Mongolia is the first state signatory of the Rome Statute to which Vladimir Putin traveled after the ICC issued an arrest warrant against him in March 2023 for war crimes related to the unlawful deportation of children from the occupied territories of Ukraine to Russia. The Kremlin chief came to the country on an official visit in September this year.

 

The Chamber recalled that "the Tribunal performs functions consistent with the general interests of the international community by exercising jurisdiction over the most serious international crimes, which include serious violations of fundamental norms of international law."

 

Under the court's founding treaty, the Mongolian side was required to cooperate with the ICC, including arresting and surrendering suspects who entered its territory. The agreement includes a provision that member states can be released from their obligations if fulfilling them would force them to "violate a pre-existing treaty obligation" to another state and violate the diplomatic immunity of representatives or property of third countries.

 

Previously - since the arrest warrant was in effect - the Russian dictator had only traveled to countries that had not ratified the Rome Statute.

 

Russian lawyer Sergei Golubok, in an interview with the Russian-language Belsat portal Vot-Tak, stressed that the ICC's decisions themselves have no consequences for individual signatory states. For example, Mongolia cannot be expelled from the ICC for refusing to arrest Putin. In his opinion, this is not provided for in the Rome Statute, and any country can withdraw if it wishes.

 

According to the lawyer, what happened in Mongolia is a blow to the reputation of the International Criminal Court. Therefore, the issue has been referred to the Assembly of States Parties to the ICC. According to him, these signatory countries must decide what measures they can realistically take in connection with what has happened.

"The mechanisms can be improved by changing the attitude of states towards international law. States tend to comply with their international legal obligations when it is in their interest to do so. This has always been the case to a greater or lesser extent," the expert explained.

He noted that the Putin case is not the first and will not be the last in history. The lawyer recalled that the court had earlier issued an indictment against Sudanese President Omar Hassan Ahmed al-Bashir, who was also accused of genocide and ethnic cleansing. He was the first sitting head of state to receive an ICC arrest warrant. Despite this, he visited Jordan, Uganda and South Africa - countries that have signed the Rome Statute - without any problems.

 

The lawyer recalled that Mongolia's refusal to arrest the Russian president has not yet received a clear response from ICC member states. And, as he stresses, changing the mechanisms of the court depends on its members themselves.

March 17, 2023. The ICC ordered the arrest of Russian President Vladimir Putin and Russian children's rights advocate Maria Lviv-Belova. Both were accused of illegally deporting children from Ukrainian territory occupied by Russian troops.

 

In September, Putin arrived in Ulan Bator, where he met with Mongolian President Ukhnaagiin Khürelsükh. The leaders signed a number of documents, including an agreement between the government of the Russian Federation and the government of Mongolia on cooperation in the supply of petroleum products. Khurelsuch and Putin also participated in a military parade dedicated to the 85th anniversary of the Battle of Khalchin-Gol, fought from May to September 1939 between Japan and the combined forces of two armies - the Mongolian and Soviet. 


jb / belsat.eu according to PAP, vot-tak.tv