On Friday (March 17), the International Criminal Court (ICC) issued an arrest warrant for Vladimir Putin over alleged war crimes and unlawful deportation of children to Russia from Ukraine.
In a statement, ICC claimed, “There are reasonable grounds to believe that Mr Putin bears individual criminal responsibility for the aforementioned crimes, (i) for having committed the acts directly, jointly with others and/or through others…and (ii) for his failure to exercise control properly over civilian and military subordinates who committed the acts, or allowed for their commission, and who were under his effective authority and control, pursuant to superior responsibility (article 28(b) of the Rome Statute).”
While speaking to the BBC, ICC prosecutor Karim Khan remarked, “Children can’t be treated as the spoils of war, they can’t be deported…This type of crime doesn’t need one to be a lawyer, one needs to be a human being to know how egregious it is.”
The International Criminal Court issued an arrest warrant against Russian President Vladimir Putin citing war crimes in Ukraine. Moscow has denied accusations that its forces have committed atrocities during Russia’s one-year-old invasion of its neighbor https://t.co/YpCekhofSI pic.twitter.com/kz82yBoXDF
— Reuters (@Reuters) March 17, 2023
Meanwhile, Dmytro Lubinets, Ukraine’s human rights chief, claimed that 16221 children were deported to Russia while only 308 have been repatriated to Ukraine. The high-handedness of the International Criminal Court has been applauded by ‘human rights groups’.
While speaking about the development, associate international justice director at ‘Human Rights Watch (HRW)’ Balkees Jarrah stated, “This is a big day for the many victims of crimes committed by Russian forces in Ukraine since 2014.”
She claimed, “With these arrest warrants, the ICC has made Putin a wanted man and taken its first step to end the impunity that has emboldened perpetrators in Russia’s war against Ukraine for far too long.”
US President Joe Biden says Vladimir Putin had clearly committed war crimes in Ukraine and the ICC issue of an arrest warrant was justified https://t.co/jmpKIdgdxA pic.twitter.com/p4T4iJfTVh
— Al Jazeera English (@AJEnglish) March 18, 2023
“The court’s warrants are a wakeup call to others committing abuses or covering them up that their day in court may be coming, regardless of their rank or position,” Jarrah added.
As expected, the arrest warrant issued by the International Criminal Court for the Russian President was welcomed by Joe Biden. He said, “I think it’s justified…But the question is, it’s not recognized internationally by us, either. But I think it makes a very strong point.”
Similarly, Ukranian President Volodymyr Zelenskyy hailed ICC’s overreach as ‘historic’ and ‘real prospect (for justice to be served).’
Russia responds to ICC
The Russian government has rubbished the arrest warrant for Vladimir Putin as ‘outrageous’. Kremlin spokesperson Dmitry Peskov stated that ICC’s directives are null and void.
Russia’s Foreign Ministry spokesperson Maria Zakharova pointed out, “(It has) no meaning for our country, including from a legal point of view. Russia is not a party to the Rome Statute of the International Criminal Court and bears no obligations under it. Russia is not cooperating with this body.”
The International Criminal Court has issued an arrest warrant against Vladimir Putin. No need to explain WHERE this paper should be used🧻.
— Dmitry Medvedev (@MedvedevRussiaE) March 17, 2023
Former Russian President, Dmitry Medvedev, went on to compare the arrest warrant to toilet paper. He said in a tweet, “The International Criminal Court has issued an arrest warrant against Vladimir Putin. No need to explain where this paper should be used.”
Jursidiction of the International Criminal Court
While the International Criminal Court does not recognise immunity enjoyed by the heads of state in cases of war crimes and crimes against humanity, it lacks the power to prosecute individuals.
As such, the court cannot arrest Vladimir Putin despite having issued an arrest warrant against him. It also cannot put the Russian President on a trial or try him in absentia. ICC is dependent on member States to act as its sheriffs.
Interestingly, Russia, Belarus, Ukraine, and the United States are not parties to the Rome Statute, which led to the establishment of the International Criminal Court. Having said that, it can affect the international travel of Vladimir Putin and lead to further isolation of Russia.
Members of the ICC are bound by an obligation to arrest Putin if he sets foot on their soil. However, such a move is unlikely due to the fear of an imminent war.
The case of Sudanese President Omar al-Bashir, who had outstanding arrest warrants against him but was successful in evading them, shows that the current warrant against Vladimir Putin is useless and will have no ramifications whatsoever in the ongoing Russia-Ukraine conflict.
