Romain Rouillard 16:40 pm, March 18, 2023
For a little less than 24 hours, Russian President Vladimir Putin has been the subject of an arrest warrant issued by the International Criminal Court (ICC), for war crimes in particular. Created in 1998, this body is responsible for trying the perpetrators of "the most serious crimes of concern to the international community as a whole".The announcement was described as "historic" by Ukrainian President Volodymyr Zelensky while former Russian leader Dmitry Medvedev compared it to "toilet paper". Late Friday afternoon, the International Criminal Court (ICC) issued an arrest warrant for Vladimir Putin, allegedly responsible for the "war crime of illegal deportation of population (children) and illegal transfer of population (children) from the occupied areas of Ukraine to the Russian Federation". At the origin of this war in Ukraine, which has been raging for more than a year now, the master of the Kremlin is now in the sights of the highest international criminal court.
A skill that cannot be exercised in all countries of the world
In concrete terms, this Court, based in The Hague in the Netherlands, is the only one empowered to try the perpetrators of international crimes. Created at the time of the Rome Convention of 17 July 1998 before its entry into force on 1 July 2002, it consists of 123 States, including France, but its jurisdiction cannot be exercised everywhere in the world. The ICC can simply deal with crimes committed by nationals or on the territory of States Parties, which is not the case with Russia, or with States that are not members of the Court but which recognize its jurisdiction, which is, on the other hand, the case of Ukraine. The States parties are in charge of electing the 18 judges who serve on it for a nine-year term.
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In detail, the ICC decides in cases of genocide, crimes against humanity, war crimes or crimes of aggression. In theory, it cannot substitute itself for a State to dispense justice but can intervene in cases where the latter has not been able to do so. And can therefore issue arrest warrants for leaders suspected of having been guilty of one or more of the acts mentioned above. "An international arrest warrant is a warrant to arrest the individual and bring him before the court that requested the arrest warrant. The immunity traditionally accepted to heads of state in their country no longer exists here," said lawyer William Julié, a specialist in international law, in the columns of Le Parisien.
Putin doesn't risk much in the immediate future
In the past, former Serbian warlord Ratko Mladic was also the subject of an arrest warrant that led him to appear before the International Criminal Tribunal for the former Yugoslavia (ICTY). Nicknamed "the butcher of the Balkans", he was accused of genocide for the Srebrenica massacre in 1995 that claimed the lives of 8,000 Muslims in Bosnia. His life sentence was upheld in June 2021. But when it comes to Vladimir Putin, the outcome could be a little different, as Russia does not recognize the ICC's jurisdiction on its territory. Moreover, the international body has no executing force capable of enforcing the arrest warrants it issues.
Therefore, at the moment T, it is very difficult to imagine the Russian president being brought before international justice in the short term, especially if he does not venture into an ICC member country. If that were the case, however, the country in question would be obliged to arrest him.