19 March, 2023: An arrest warrant against the president of Russia ? Issued by whom ? Will he be arrested ? What does it mean ? Read to know more.
In connection with the forcible deportation of children from Ukraine to Russia, where many of them have been adopted by Russian families, the court has issued arrest warrants for Vladimir Putin, the president of Russia, and Maria Alekseyevna Lvova-Belova, the country's commissioner for children's rights.
Although not being a member of the court in The Hague, Ukraine gave the ICC [International Criminal Court] jurisdiction to look into war crimes committed on its soil.
What is ICC ?
The Rome Statute, a 1998 treaty, is what gave rise to the International Criminal Court, which has its main office in The Hague, Netherlands. It "investigates and, where warranted, brings cases against those accused of the most serious offences of worry to the world community: “genocide, war crimes, crimes against humanity, and the crime of aggression."
The Rome Statute now has 123 members, including Britain, Japan, Afghanistan, and Germany. The USA, on the other hand, has remained neutral, arguing that the ICC should not have authority over nationals of nations that are not parties to it. China and India have also declined to join, in the same manner.
Only when a nation's own legal system is ineffective, as it was in the former Yugoslavia and Rwanda, can the ICC step in to pursue the most serious crimes. The ICC brings cases against people, as opposed to the International Court of Justice (ICJ), which handles international and interstate conflicts. The ICC's authority, however, is restricted to crimes committed after its implementation on July 1, 2002.
In addition, the crimes must be committed either in a nation that signed the agreement or by a citizen of one. The UN Security Council may refer matters to the ICC in order for it to exercise its authority in those situations.
Does the ICC have the power to prosecute Russia?
While Ukraine's President Volodymyr Zelenskiy said the measure would lead to "historic accountability", Kremlin spokesman Dmitry Peskov remarked that Moscow thought this "outrageous and unacceptable". He said that because Russia is not a member of the ICC, any decision made by the court is "null and void,"
Mr. Putin now faces the possibility of being detained whenever he travels as a result of this action. The New York Times claims that this action will further increase his isolation and restrict his travel abroad, in addition to the Western sanctions already in place.
In addition, if he visits a state party to the ICC, that nation is obligated to detain him in accordance with international law.
An ICC prosecutor attempted to press charges of war crimes against Joseph Kony, a rebel from Uganda and the leader of the Lord's Resistance Army, in November 2022. Despite being charged with murder, brutal treatment, slavery, rape, and using kidnapped children as soldiers, Kony is still at loose and unharmed.
What does this mean in reality ?
Mr. Putin or Ms. Lvova-Belova are not likely to be handed up to the court's authority anytime in the near future because Russia does not recognise the court and does not transfer its citizens.
But for a variety of reasons, the issuance of the warrant continues to be a very important event. Senior Russian officials, both military and civilian, may be at risk of punishment now or in the future as a result, and this sends a message to them.
It would also restrict their capacity to travel abroad, including to global conferences.
Are other warrants likely to follow?
Awakening those who are abusing their power or covering them up, according to Human Rights Watch, is what the decision to issue an arrest warrant for Putin was intended to do.
"With these arrest warrants, the ICC has declared Putin a wanted man and taken its first move to end the impunity that has empowered criminals in Russia's war on Ukraine for far too long," said Balkees Jarrah, associate director of international justice at the NGO.
