Why Mongolia refused to arrest Vladimir Putin

Sub: IR

SEC: Int org

Context:

Russian President Vladimir Putin visited Mongolian capital Ulaanbaatar and he was not arrested by the Mongolian government despite the obligation under ICC.

Arrest warrant by ICC:

The International Criminal Court (ICC) has issued a warrant for Vladimir Putin’s arrest in connection with alleged war crimes.
The warrant was issued in March, 2023, after the ICC found Putin and Russia’s Commissioner for Child Rights, Maria Lvova-Belova, responsible for the abduction and deportation of children from Russian-occupied areas of Ukraine to the Russian Federation.
This is in violation of article 8 (2) of the Rome Statute that deals with unlawful deportation, transfer and confinement.
Mongolia is the first ICC signatory nation Putin visited since the issue of the warrant.

Obligation under Rome statute:

Mongolia, as a party to the Rome Statute which established the court, had a duty to execute the warrant.
Mongolia’s refusal to arrest Putin was met with global outrage. However, ICC has no mechanism to enforce the warrant.

Rationale behind Mongolia’s stand:

Mongolia is a landlocked country firmly in Russia’s sphere of influence, and sandwiched between anti-West allies Russia and China.
Mongolia depends heavily on Russia for fuel and electricity and has a long-standing friendship with Russia.
Thus, Mongolia does not have the might to withstand Russia’s retribution for Putin’s arrest.

About Rome statute:

The Rome Statute is the treaty that established the ICC and its relationship with the UN.
It was adopted at a conference in Rome in 1998, and implemented in 2002.
The Rome Statute addresses four core international crimes: aggression, genocide, war crimes, and crimes against humanity.
Article 8 of the statute deals with war crimes.

Signatories to the statute:

The Statute has 124 countries as signatories. Three permanent members of the UN Security Council, US, Russia, and China have not signed it.
Mongolia, however, is a signatory to the treaty.
India is not a party to the Rome Statute. Ukraine also haven’t signed the statute.

International Criminal Court (ICC):

It is a permanent judicial body established in 2002 by the Rome Statute (1998).
It is the court of last resort for prosecution of genocide, war crimes, and crimes against humanity.
Its headquarters is in Hague, Netherlands.
The Court has eighteen judges, each from a different member country, elected to non-renewable nine-year terms.

Jurisdiction of ICC:

The ICC is authorised to prosecute individuals, in contrast to the International Court of Justice (ICJ).
ICC’s mandate applies only to offences committed after July 1, 2002.
Under the Rome Statute, the ICC is authorised to investigate heinous international crimes only when the country’s own legal machinery fails.
The alleged offences must be committed in a signatory nation, or by a member of a ratifying nation.
The ICC’s jurisdiction can extend to cases referred to it by the UN Security Council.