Mongolia's Lack of Cooperation in Putin Arrest Noted by World Court

Photo : AP

The International Criminal Court (ICC) has criticized Mongolia for failing to arrest Russian President Vladimir Putin during his visit to Ulaanbaatar in early September, referring the matter for further action. This visit occurred despite an outstanding arrest warrant issued by the ICC related to allegations of war crimes, specifically the unlawful deportation of Ukrainian children during Russia's invasion of Ukraine in 2022.

In a statement released on Thursday, the ICC declared that Mongolia's inaction constituted a breach of its obligations as a member state. The Rome Statute, the treaty that establishes the ICC, requires member states to arrest individuals subject to ICC warrants. The court emphasized that all states parties are legally bound to cooperate with the ICC and must arrest and surrender individuals regardless of their official position or nationality.

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The ICC's judges stated, "In view of the seriousness of Mongolia's failure to cooperate with the Court, the Chamber deemed it necessary to refer the matter to the Assembly of States Parties," which serves as the overseeing body of the ICC.

Putin's arrest warrant, issued in March 2023, was based on findings that there are "reasonable grounds to believe" he is responsible for the war crime of unlawfully deporting thousands of Ukrainian children to Russia. Ukrainian officials have claimed that these children were forcibly taken from orphanages and other state institutions after Russian troops occupied significant portions of Ukraine.

While Russia has argued that these relocations were necessary for the children's safety, the ICC views the actions as part of a systematic effort to undermine Ukrainian sovereignty and culture. 

Putin's visit to Mongolia was notable as it marked his first trip to an ICC member state since the warrant was issued 18 months ago. The visit highlighted the complexities of international law enforcement, especially regarding political leaders. Last year, Putin had to cancel a planned trip to a BRICS summit in South Africa due to mounting pressure on the South African government to comply with the ICC's request to arrest him.

Historically, instances of ICC member states not executing arrest warrants have not resulted in significant repercussions, often limited to public admonishments without any legal consequences. However, the current situation may prompt renewed scrutiny and debate about the enforcement of ICC mandates among its member states.