Last night, Mongolia was supposed to detain Russian President Putin. It didn't, and now there's a problem.
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Vladimir Putin, the president of Russia, is scheduled to visit Mongolia on Tuesday. He will meet with the head of state, have discussions on expanding bilateral ties, and host a formal reception. Nothing special about this visit is anticipated.
Odd is that Mongolia, a party to the International Criminal Court (ICC), ought to have detained the Russian president on Monday night as soon as he touched down in the country. The International Criminal Court (ICC) issued an international arrest order for Putin in March 2023. The court filed accusations against him for acts of war, focusing specifically on the forcible deportation of minors from Ukraine to Russia.
The International Criminal Court (ICC) announced a global arrest order for Putin in March 2023. The court filed accusations against him for war crimes, focusing specifically on the forcible deportation of minors from Ukraine to Russia. Since Russia is not a participant of the ICC, the Kremlin at the time called the court's actions "outrageous and immoral" and said they had no bearing on the country. Now that Putin appears to be traveling to Mongolia with impunity—his first visit to an ICC member state since his arrest order was issued—the nation finds itself in hot water.
The Rome Statute, the ICC's founding instrument that went into force in 2002, requires ICC member states to hold and turn over to the legal system any individuals who are under the jurisdiction of an ICC arrest order as soon as they set foot on their territory. The rule cannot be enforced by the court, though, and on Tuesday, President Ukhnaagiin Khurelsukh and Putin met in Ulaanbaatar, Mongolia's capital, where Putin was greeted with an attendant of respect.
The International Criminal Court (ICC), situated in the Netherlands, as well as Ukraine—a country that Russia invaded in February 2022—are both troubled by Mongolia's audacious decision. Fadi el-Abdallah, an ICC spokesman, told the BBC last Friday that Mongolia was under a "oblivion" to abide by the arrest warrant and that "ICC courts may make a decision to that extent and inform the General Assembly of the Parties of it in case of refusing to collaborate." The Assembly will thereafter have the authority to take any relevant action.
He explained that the ICC does permit some exceptions to the rule, such as when a nation might have to "breach an international obligation" with a different nation or where it would violate "diplomatic immunity of a person or property of a third state," the BBC report stated. He did not go into detail about what actions could be taken. Global legal experts issued a warning on Monday, stating that there will probably be repercussions for Mongolia's failure to uphold its duties to the ICC, including the prospect of prosecution.
"For whatever reason, ICC States Parties should not be allowing individuals who are the subject of an ICC arrest warrant to enter their nations. Completely without exception, said Mark Ellis, executive director of the World Bar Association (IBA), a group that advocates for the legal profession throughout the world. "Mongolia must comply with this arrest order or inform President Putin that he is not invited in Mongolia in light of its participation in the International Criminal Court and its respect for the rule of law. In remarks sent via email on Monday, he stated, "As a State Party, Mongolia must now put law above politics."
The IBA continued by threatening to take "consequences in the event of non-cooperation" against Mongolia, a country that has been a member of the ICC since 2002. There is conjecture that Mongolia may now face prosecution by the ICC, despite the fact that it did not state what these could be. Mongolia has not addressed the criticism of Putin's visit with a statement or a response. The foreign ministry of the nation has been approached by CNBC for a response.
Russia making fun of the ICC Prior to the visit.
Russia expressed confidence in Ulaanbaatar and showed no signs of concern about the possibility of being arrested in a nation where Moscow wants to increase its energy infrastructure and regional clout.
Prior to the visit, Russia expressed confidence in Ulaanbaatar and showed no signs of concern about the possibility of being arrested in a nation where Moscow wants to increase its electrical systems and regional clout. Last Friday, Dmitry Peskov, a spokesman for the Kremlin, assured reporters that there were "no concerns" about the journey and that Russia's leaders were having "a wonderful dialogue with our friends from Mongolia." The two leaders will talk about collaboration between Moscow and Ulaanbaatar "in manufacturing, farming, and railways transport," as well as educational initiatives and exchanges, according to Russian Presidential Aide Yury Ushakov, who was quoted by the Russian media outlet TASS.
Elena Davlikanova, a Democracy Fellow at the Center for European Policy Analysis, observed that Russia was using the visit to "mock the ICC," choosing to test the ICC's mettle by sending a delegation from the economically supplicant nation. Naturally, Putin would not have traveled if there was a possibility of being taken into custody. She said in an analysis on Monday that the nation has already promised Moscow that the president wouldn't be imprisoned. "Putin's decision makes brutal sense because Mongolia, sandwiched between two formidable neighbors, China and Russia, has long been restricted in its freedom of movement," she continued.
or Russia, she added, the trip served to "maintain Putin's image as a strong leader at home and abroad" in addition to providing a diversion from Ukraine's invasion into the Kursk border region. She also added that the trip served to undermine the International Criminal Court (ICC) and the possibility of prosecuting believed war criminals in the years to come. "Putin is prepared to violate international law in order to weaken it. The president has received assurances from Hungary and Armenia, two other ICC members, that he won't be detained there, further undermining the court's legitimacy. Ukraine's dreams of a just settlement would be dashed if the possibilities for a tribunal for Russian war criminals, reparations, and accountability continued to deteriorate, according to Davlikanova.
agitation in Europe and the Ukraine
"Mongolia has enabled a suspect to evade justice, thereby bearing the blame for the war offenses," said Heorhiy Tykhyi, spokesman for the Ukrainian foreign ministry, on Telegram on Monday. “To ensure that this has consequences for Ulaanbaatar,” he continued, expressing that Kyiv would collaborate with its allies. Mongolia was urged by the European Commission on Monday to fulfill its ICC responsibilities. Like all other nations, Mongolia is free to forge international connections based on its own interests; nevertheless, since 2002, Mongolia has been a state party to the International Criminal Court's Rome Statute, with all of the associated legal responsibilities. Through our delegation in Mongolia, we have voiced our concerns regarding the visit and made clear the ICC's position," Commission spokesperson Nabila Massrali said.
Human Rights Watch and Amnesty International are among the organizations urging Mongolia to detain Putin, and they are hardly the only human rights advocates to condemn the action. Amnesty International Mongolia's executive director, Altantuya Batdorj, stated on Monday that "Mongolia's international legal obligations are clear." "President Putin is evading prosecution. In remarks that were released online, Batdorj stated that any visit to an ICC member state that does not result in a capture will support President Putin's current course of action and must be viewed as a calculated attempt to undercut the ICC's efforts to prosecute potential war crimes.
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