The International Criminal Court (ICC) is making headlines as it issued an arrest warrant for President Vladimir Putin and another Russian official related to alleged war crimes. This unprecedented move by the ICC marks the first time an arrest warrant has been issued for a permanent member of the United Nation Security Council.
The ICC’s Arrest Warrant Against Putin
Vladimir Putin, the Russian president, is under scrutiny by the ICC for the deportation and unlawful transfer of children from occupied areas of Ukraine to Russia, considered a war crime under international law.
Formation and Role of ICC
On 17th July 1998, 120 states adopted the Rome Statute, leading to the establishment of the ICC on 1st July 2002 after ratification by 60 states. The Statute endowed the ICC with jurisdiction over four main crimes: Genocide, Crimes against Humanity, War Crimes, and Crime of Aggression.
The ICC, the world’s first permanent international criminal court, came into existence to ensure justice on a global scale. It seeks to hold individuals accountable for committing heinous crimes and prevent future occurrences by delivering international criminal justice.
Currently, 123 countries are party to the Rome Statute. However, key nations like India, the United States, and China are not signatories. The ICC intervenes only when a country’s internal legal system fails to take action against grave offenses.
Unlike its counterpart, the International Court of Justice (ICJ), the ICC prosecutes individuals, not countries or inter-state disputes.
Contrasting the ICC to the ICJ
The ICC operates independently of the United Nations system, unlike the ICJ. Though closely connected, their relationship is governed by a separate agreement. The ICJ primarily adjudicates disputes between nations and was established in 1945. It’s one of the six principal organs of the UN and is based in The Hague, Netherlands.
ICC’s Jurisdiction Over Russia
As of March 2023, Russia isn’t a signatory to the Rome Statute; hence, the ICC has no jurisdiction over crimes committed within its territory. Nevertheless, the ICC can investigate and prosecute crimes committed by individuals from other countries within the jurisdiction of a state party to the Rome Statute.
Although Ukraine also isn’t a State Party to the Rome Statute, it has twice accepted the ICC’s jurisdiction over alleged crimes under the Rome Statute occurring on its territory, as per Article 12(3) of the Statute. This provision allows a state not party to the statute to accept the Court’s jurisdiction for a specific crime and cooperate without any delay or exceptions.
