Arrest Warrant against Vladimir Putin by ICC.

Arrest Warrant against Vladimir Putin by ICC

Author:- Mitali Kasat, A student at Indian Law Society.

On 24 February 2022, Russia attacked and occupied parts of Ukraine, which began in 2014. Thousands of deaths have occurred due to this war. 

On 17 March 2023, following an investigation of war crimes, crimes against humanity and genocide, the International Criminal Court (ICC) issued arrest warrants for Vladimir Putin, the President of Russia, and Maria Lvova-Belova, Russian Commissioner for Children's Rights, alleging responsibility for the war crime of unlawful deportation and transfer of children during the Russian invasion of Ukraine. The warrant against Putin is the first against the leader of a permanent United Nations Security Council member. 

Deportation is when someone is strongly removed or moved from a country. According to the Geneva Convention, Article 49 addresses the forceful displacements of civilians. Article 147 addresses the unlawful deportation of civilians. Under Article 8(2) (a) (vii) of the 1998 ICC Statute, unlawful deportation and Under Article 8(2) (b) (viii) of the 1998 ICC Statute, deportation constitutes a war crime in transnational armed conflicts. 

Heinous crimes against the transnational community are delved into by the ICC. In 2000, Russia signed the Rome statute but didn’t approve it to become a member of the ICC. Later in 2016, Russia withdrew from ICC. Trials in absentia aren't conducted so any Russian officers charged would moreover have to be arrested outside Russia. The Russian government has shamelessly denied taking Ukrainian children and making their relinquishment to Russian families. In a statement, the foreign affairs ministry said the ICC has no meaning for the country including legally as Russia had formerly withdrawn from the ICC.   

Because Russia does not recognise the court and does not extradite its citizens, it is highly unlikely that Putin or Lvova-Belova will surrender to the court’s jurisdiction any time soon.

However, the issuing of the warrant remains a highly significant moment for a number of reasons. It sends a signal to senior Russian officials – military and civilian – who may be vulnerable to prosecution now or in the future and would further limit their ability to travel internationally, including attending international forums.

While Putin seems secure in his power now and safe from extradition, a future Kremlin leader may decide it is more political to send him to The Hague than to protect him.

A good example is Slobodan Milošević, the former president of Yugoslavia, who was indicted on a series of war crimes charges by the international criminal tribunal for the former Yugoslavia in the midst of the war in Kosovo in 1999.

In 2001, amid a struggle between key opposing figures in Serbia after Milošević’s fall from power, the prime minister, Zoran Djindjić, ignored a court ruling banning the extradition and ordered the transfer of Milošević to The Hague, saying: “Any other solution except cooperation [with The Hague] would lead the country to disaster.”

Milošević’s arrest – preceding his transfer – followed pressure on the Yugoslav government to detain the former president or risk losing substantial US economic aid and loans from the International Monetary Fund and the World Bank.

After the Russian irruption, Arina Yatsiuk's parents decided they demanded to leave their home near Kyiv in a car. Within 10 miles, they encountered a group of Russian soldiers. Arina and her 9- time-old sister Valeria were dragged from the back seat when the soldiers began shooting. As Arina was injured, she was steered into one car, while Valeria was steered into another. Their parents were found dead in their car. Arina wasn't seen after March 3rd, 2020. More than 346 children are missing after the war, according to sanctioned statistics of Ukraine. Likewise, there are numerous more families affected by this war.