Mongolia must uphold its obligations as an ICC State Party – arrest Vladimir Putin or cancel his visit
President Vladimir Putin of Russia will make a visit to Mongolia starting on 3 September.
Mongolia is a State Party to the Rome Statute of the International Criminal Court (ICC). As a State Party, Mongolia has obligations under the Rome Statute, including the obligation to arrest and surrender to the Court any individuals as requested by the ICC.
The ICC has issued an arrest warrant for President Vladimir Putin of Russia, for the war crime of unlawful deportation and transfer of children from occupied areas of Ukraine to the Russian Federation.
Dr Mark Ellis, Executive Director of the IBA, said: ‘ICC States Parties should not be inviting persons subject to an ICC arrest warrant to visit their countries for any reason. Full stop.
‘In light of President Vladimir Putin’s planned visit, Mongolia must now uphold its obligations as a State Party to the ICC. The ICC judges have found reasonable grounds to believe that President Putin committed serious crimes in the context of Russia’s unlawful invasion of Ukraine. Mongolia’s membership in the ICC and its respect for the rule of law demands that it comply with this arrest warrant or let President Putin know that he is not welcome in Mongolia. This is a moment when Mongolia, as a State Party, has to put law over politics.’
The ICC, created in 1998 by treaty, relies on its 124 States Parties to cooperate with judicial orders and ensure that it can fulfil its mandate to prosecute genocide, war crimes, crimes against humanity, and the crime of aggression. As a permanent international court without a police force, member states are required to assist with arrest and surrender of suspects to the Court. Mongolia has been a State Party since 2002, when it ratified the Rome Statute.
Kate Orlovsky, Director of the IBA ICC & ICL Programme, said: ‘States Parties agree to be the caretakers of the ICC’s mandate and credibility, as part of their commitment to ensuring victims of the most serious crimes see justice and accountability. This means that when the Court calls on them to arrest and surrender a suspect, the Rome Statute requires them to do so. We call on all States Parties to remind Mongolia of the importance of this essential cooperation, and to enforce appropriate consequences in the event of non-cooperation.’
The IBA has produced a Guide for States Parties which addresses State Party obligations under the Rome Statute including for arrest and surrender.
ENDS
Notes to the Editor
- The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, with the aim of protecting and promoting the rule of law globally, the IBA was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice. The IBA acts as a connector, enabler, and influencer, for the administration of justice, fair practice, and accountability worldwide. The IBA has collaborated on a broad range of ground-breaking, international projects with the United Nations, the European Parliament, the Council of Europe, The Commonwealth, the Organisation for Economic Co-operation and Development (OECD), the World Trade Organization, the International Monetary Fund and the World Bank, among others.
- The IBA commenced the International Criminal Court and International Criminal Law (ICC & ICL) Programme in 2005. The Programme monitors issues related to fairness and equality of arms at the ICC and other Hague-based war crimes tribunals and encourages the legal community to engage with the work of these courts. The IBA’s work includes thematic legal analysis of proceedings, and ad hoc evaluations of legal, administrative, and institutional issues which could potentially affect the rights of defendants, the impartiality of proceedings and the development of international justice.
The Programme also acts as the interface between the Courts and the global legal community. As such, special focus is placed on monitoring emerging issues of particular relevance to lawyers and collaborating with key partners on specific activities to increase engagement of the legal community on ICC and ICL issues.
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