
It happened. It actually happened. After months of speculation, the International Criminal Court has issued arrest warrants in the Ukraine situation, including for President Vladimir Putin. Here’s the announcement from the Court:
Mr Vladimir Vladimirovich Putin, born on 7 October 1952, President of the Russian Federation, is 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 articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). The crimes were allegedly committed in Ukrainian occupied territory at least from 24 February 2022. There are reasonable grounds to believe that Mr Putin bears individual criminal responsibility for the aforementioned crimes, (i) for having committed the acts directly, jointly with others and/or through others (article 25(3)(a) of the Rome Statute), and (ii) for his failure to exercise control properly over civilian and military subordinates who committed the acts, or allowed for their commission, and who were under his effective authority and control, pursuant to superior responsibility (article 28(b) of the Rome Statute).
Ms Maria Alekseyevna Lvova-Belova, born on 25 October 1984, Commissioner for Children’s Rights in the Office of the President of the Russian Federation, is 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 articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). The crimes were allegedly committed in Ukrainian occupied territory at least from 24 February 2022. There are reasonable grounds to believe that Ms Lvova-Belova bears individual criminal responsibility for the aforementioned crimes, for having committed the acts directly, jointly with others and/or through others (article 25(3)(a) of the Rome Statute).
Some quick reflections:
More than anything this is a significant moment for victims and survivors in Ukraine, especially the children and families of children who have been illegally transferred and deported to Russia. After years of largely being neglected and ignored, an international organization has stepped up to the plate and done what it could, for now, to stand in solitary with victims and survivors of war crimes in Ukraine. If the warrant against Putin is any kind of victory, it is first and foremost a victory of the Ukrainian people.
This is a historical moment for the ICC and for global politics, no doubt among the biggest developments in the Court’s history and indeed the history of international criminal law. This is the first time that the ICC has issued an arrest warrant for any citizens of the Permanent 5 at the United Nations Security Council (the United Kingdom, France, China, Russia and the U.S.). I think (and I hope) that this development will matter to those states – including those in the ‘Global South’ – who may have little interest in the ICC but have always, and rightly, been bothered by the impunity enjoyed by the world’s most powerful states and the P5 in particular. What this development undoubtedly also means it that for the foreseeable future, perhaps even decades, there will be no Security Council referrals of situations to the ICC.
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