Intro
Last month, the International Criminal Court (ICC) issued an arrest warrant for Russian President Vladimir Putin over alleged war crimes involving the illegal deportation of Ukrainian Children. An additional arrest warrant was also issued for Putin’s commissioner for children’s rights, Maria Lvova-Belova.
What is the ICC?
The ICC investigates and tries individuals “charged with the gravest crimes of concern to the international community”. This includes genocide, crimes against humanity, the crime of aggression, and war crimes. Directly quoting the ICC, Putin’s warrant was issued due to the sitting President being "allegedly responsible for the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation”. Under the Rome Statute, forced deportation is well-established as a recognized crime under the court. Additionally, according to Ukrainian President Volodymyr Zelensky, more than 70,000 Russian war crimes have been identified since the investigation began.
Russia’s Response
Since the issuing of the warrant, Russia has firmly rejected all accusations of committing any war crimes. However, they have been transparent about the relocation of Ukrainian children to Russia, citing the motive as a noble humanitarian effort. This can be seen through the open, public, discussion between Putin and Lvova-Belova (human rights commissioner) regarding the adoption programs for Ukrainian children set up in territories occupied by Russia. Additionally, they have also concluded that if biological relatives are found at any location in the world, the children would be returned to their families. These statements have been met with opposition by many children’s rights activists and groups, as they encourage countries to take up the responsibility to protect Ukrainian children and prohibit any form of adoption during war times.
What is Next?
Now that Putin’s warrant for arrest has been issued, what exactly does this mean? Viewing the situation from a legal standpoint, it’s unlikely that Putin or Lvova-Belova will ever be tried and surrendered to the court’s jurisdiction -- at least in the foreseeable future. This is because Russia never signed on to be a part of the ICC, meaning they do not recognize the jurisdiction of the court. Kremlin spokesperson Dmitry Peskov states that "Russia, like a number of other states, does not recognize the jurisdiction of this court, and therefore any of its decisions are insignificant for the Russian Federation from a legal viewpoint”. Additionally, although Ukraine is also not a party to the ICC, they have been cordially collaborating with the ICC, providing over 1000 pages of documents.
Although a trial or Putin being taken into custody isn’t likely, the mere attempt to arrest a world leader is still marked as a huge step forward by many. Enforcing warrants is not an easy task, as the ICC doesn’t have any partnership with the police force, instead relying on the cooperation of its 123 member states. These warrants may discourage other world leaders to stand by Russia and limit Putin’s ability to travel to other countries. David Scheffer, a former U.S. ambassador for war crime issues states that “they will be identified forever as indicted fugitives of the International Criminal Court” and “it also will eat away at their legitimacy within Russia”.
United States Standpoint
After all this, what is the United States' viewpoint on Putin’s warrant for arrest? The U.S. is placed in a complex position as they are not affiliated with the ICC, similar to Russia and Ukraine. In previous situations, the U.S. has supported the limitation of the ICC’s jurisdiction to only member-state citizens. With Putin’s case, the U.S. released a relatively neutral statement of support for the ICC, citing “the ICC prosecutor [as] an independent actor mak[ing] his own prosecutorial decisions based on the evidence before him”. White House National Security Council spokesperson Adrienne Watson has stated that “there is no doubt that Russia is committing war crimes and atrocities in Ukraine, and we have been clear that those responsible must be held accountable”.
Conclusion
In conclusion, the issuing of a warrant of arrest for Russian President Vladimir Putin is a monumental step toward increased accountability for war crimes. However, at least in the foreseeable future, the definite surrender of Putin to the ICC seems unlikely.
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