International Criminal Court (ICC) issued arrest warrants for former Russian Defence Minister and current Chief of Staff of the Armed Forces for “alleged international crimes” linked to the Russia-Ukraine war.
- Last year, an ICC warrant for war crimes was also issued for Russian President Vladimir Putin.
Recognition of ICC By The States
- Dozens of countries don’t accept the court’s jurisdiction over war crimes, genocide and other crimes.
- They include Israel, the United States, Russia, Qatar and China.
- India is not a member state of the ICC, and has never signed its core treaty, the ‘Rome Statute’.
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Article 12(3) of the Statute
- If the acceptance of a state that is not a party to the statute is required, the state may accept the jurisdiction of the court for a crime concerned, by making a declaration to the Registrar and cooperating without any delay or exception.
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- Ukraine: Not a State Party to the Rome Statute, but it has twice exercised its options to accept ICC’s jurisdiction over alleged crimes under the Rome Statute, occurring on its territory, under Article 12(3) of the Statute.
Putin’s Arrest Warrant
- Last year, the ICC issued a warrant for Russian President Vladimir Putin on charges of responsibility for the abductions of children from Ukraine.
- Russia responded by issuing its own arrest warrants for ICC prosecutors and judges.
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- Arrest of Leaders: If Putin or the two leaders travel to a state party to the ICC, then that country must arrest them, according to its obligations under international law.
- This move will likely further deepen Russia’s isolation from the West.
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The Rome Statute of the International Criminal Court
- It is the treaty that established the International Criminal Court (ICC). The ICC is an intergovernmental organization with 123 member states.
- It is Headquartered at Hague, Netherland
- It was adopted in July 1998 and entered into force in July 2002.
- It is a permanent court of last resort to prosecute individuals responsible for the world’s most heinous atrocities — war crimes, crimes against humanity, genocide and the crime of aggression.
- It intervenes only when national authorities cannot or will not prosecute.
- The ICC is independent of the United Nations (UN), but is endorsed by the UN General Assembly.
- It also maintains a cooperation agreement with the UN.
- Unlike the International Court of Justice (ICJ), which is an organ of the UN, the ICC does not prosecute states.
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June 26, 2024