Mongolia risks complicity by not arresting Putin, ICC warns
Human rights activists claim that Mongolia risks becoming “complicit” if it fails to arrest Vladimir Putin, who is internationally sought for war crimes.
Russian President Vladimir Putin, who is under an arrest warrant issued by the International Criminal Court (ICC), arrived in Mongolia on Monday without incident for a state visit, according to POLITICO.
Under international law, Mongolia—an ICC member—is obligated to comply with the warrants issued by the Court. Recently, both the European Union and Ukraine have reminded Mongolia of this responsibility, while Russian officials have stated that they have “no concerns” about Putin’s visit.
The ICC warrant, issued in March 2023, accuses Putin of war crimes related to the illegal deportation and transfer of thousands of Ukrainian children from occupied areas of Ukraine to the Russian Federation.
Currently, there is no indication that Mongolia intends to arrest Putin. However, if Mongolia does not act, it may face legal consequences for its inaction, as explained by a legal expert to POLITICO.
“Mongolia will certainly be prosecuted by the International Criminal Court for violating its obligation to cooperate,” said Tamás Hoffmann, senior researcher at the Institute of Legal Studies in Budapest.
“The ICC may then decide to refer the case to the Assembly of States Parties, which could condemn Mongolia for this violation under a so-called non-compliance procedure. However, there are no severe consequences, such as sanctions, for the country found guilty,” Hoffmann added.
Mongolia will effectively become an accomplice
In 2015, South Africa refused to arrest Sudanese President Omar al-Bashir during a visit, despite his international wanted status for crimes against humanity, including genocide. Two years later, the ICC found that South Africa had not met its obligations but did not refer the country to the UN Security Council.
Mongolia, a country with an area half the size of Europe but a population of only about 3.4 million, has significant trade links with Russia, which, along with China, is one of the two countries with which it shares a border.
Putin in Mongolia – First Trip to an ICC Member State
Mongolia signed the Rome Statute—the treaty that constitutes the founding document of the International Criminal Court—in 2000 and ratified it in 2002.
Under this treaty, each member state is obligated to detain any person on its territory who is subject to an ICC arrest warrant, including Vladimir Putin.
Currently, 124 ICC member states are required to arrest Putin and transfer him to the Court in The Hague if he enters their territory.
The Kremlin has firmly rejected the ICC’s accusations against the Russian president following the issuance of the international arrest warrant in March 2023.
However, for nearly a year and a half, Putin has been cautious about foreign travel, avoiding, for example, the BRICS summit in South Africa in August 2023 and the G20 summit in India in September of the same year.
Conversely, he visited China in May, North Korea in June, and Azerbaijan in mid-August; however, none of these countries are ICC members.
Translation by Iurie Tataru
