Despite arrest warrant

Putin provokes with visit to Mongolia

Kremlin leader Putin is received by Mongolian head of state Uchnaagiin Chürelsüch

(Bild: AFP/Laurent Fievet)

Russian President Vladimir Putin visited Mongolia yesterday. The country has recognized the International Criminal Court and should have arrested the head of the Kremlin. But it did not. Moscow will sell this as a victory against the West.

The handcuffs should have clicked for Russian President Vladimir Putin when he arrived in the Mongolian capital Ulan Bator yesterday. Instead, there were flowers from children and military honors when he was received by Mongolian head of state Uchnaagiin Chürelsüch.

Arrest warrant for war crimes in Ukraine
The International Criminal Court (ICC) has issued an arrest warrant for Putin for war crimes in Ukraine. And Mongolia signed the so-called Rome Statute in 2000 and ratified it in 2003. And should therefore have arrested Putin as a party to the treaty. Why didn't that happen?

Flowers for the head of the Kremlin

(Bild: AFP/Laurent Fieviet)

The situation is certainly not pleasant for the country, but it borders Russia and China, maintains good relations with both countries and is economically dependent.

Mongolia will probably use a legal quibble as a justification: "They will probably argue that it is unclear whether this obligation to cooperate also applies to heads of state of countries that have not recognized the ICC, such as Russia," said international law expert Andreas Müller from the University of Basel to the "Krone". Every member of the ICC voluntarily gives up the immunity of its own heads of state.

They will probably refer to the fact that it is unclear whether this obligation to cooperate also applies to the heads of state of countries that have not recognized the ICC, such as Russia.

Völkerrechtsexperte Andreas Müller von der Universität Basel

Probably no direct consequences for Mongolia
For the ICC itself, however, the case is clear that this is not an obstacle to arrest. However, Mongolia will not have to fear any direct consequences of its violation of international law, apart from reputational damage, as the ICC has no executive power. "You join voluntarily. And you can also leave voluntarily. There is no provision for 'kicking out' in this sense, and the ICC also aims to get more members, not fewer," says Müller. This is typical of international law: "It is a law of cooperation." In other words, it relies on everyone working together.

International Criminal Court in The Hague

(Bild: AP)

The visit is calculated
As unpleasant as the arrest warrant is for Russia, this visit to a member state of the ICC is calculated. The visit has been carefully prepared and is intended to delegitimize and weaken the internationally recognized body of rules. "Russia is questioning the effectiveness and relevance of the international criminal justice system," says Müller. "I wouldn't be surprised if this isn't the last visit Putin plans to make to a country that has ratified the Rome Statute. In Latin America or Africa, for example."

And if they also refuse to arrest Putin, then the International Criminal Court will indeed have a legitimacy problem.