Mexico has invited President Vladimir Putin to the inauguration of President-elect Claudia Sheinbaum on October 1, raising questions about whether the Mexican government should detain the Russian leader if he comes to the country.
WHY THE ICC ORDER?
The International Criminal Court (ICC) issued an arrest warrant for Putin in 2023, charging him with war crimes for illegally deporting hundreds of children from Ukraine after Moscow launched its full-scale invasion of its smaller neighbor in February 2022.
It was the first time the global court issued an arrest warrant against a leader of one of the five permanent members of the UN Security Council.
The move was immediately rejected by Moscow and welcomed by Ukraine as a major breakthrough.
However, its practical implications may be limited, as Putin’s chances of being tried at the ICC are highly unlikely because Moscow neither recognises the court’s jurisdiction nor extradite its nationals.
International law specialist and research professor at Tec de Monterrey, Illiana Rodríguez, told Grupo REFORMA that Putin cannot be detained in his Russia since the Court does not have the capacity to be a suprenational body.
WHY WOULD MEXICO STOP HIM?
The Rome Statute, the constitutive instrument of the International Criminal Court, establishes in its article 93 that States Parties must comply with requests for assistance made by the Court in relation to criminal investigations or prosecutions.
Although Russia is not a member of the ICC, Mexico is. The two countries have been forging close ties, with Putin congratulating Sheinbaum on her victory in June, saying Mexico is Russia’s “historically friendly partner in Latin America.”
ICC members are required to arrest anyone indicted by the Court.
Illiana Rodríguez explained that in this regard, Mexico would have the obligation to execute the arrest warrant against Vladimir Putin.
A DILEMMA IN SOUTH AFRICA?
Putin did not attend a BRICS summit in South Africa last August because of the ICC order.
At that time South Africa found itself in a difficult situation as it was part of the International Court.
According to international news agencies, South African officials themselves pressured Putin not to attend the summit to avoid problems.
“It’s almost like you invite your friend to your house and then you arrest him,” Vice President Paul Mashatile said at the time. “So for us, not having him come is the best solution. But the Russians are not happy. They want him to come.”
WHAT IF PUTIN COMES TO MEXICO?
Iliana Rodriguez pointed out that there are no sanctions for States, although they have legal obligations before the international community to abide by the norms that the organizations dictate.
“States voluntarily accept international standards in order to comply with them. It would be a contradiction for Mexico to be part of the statute and not comply with the obligations it has undertaken,” he said.
The specialist pointed out that if Putin comes to Mexico and is not arrested, the country’s rights vis-à-vis this type of international organizations would be suspended.
A CONTROVERSIAL INVITATION?
Finally, Rodriguez described Mexico’s invitation to Putin as a provocation in the context of Russia’s enmity with the United States and the war in Ukraine.
“It is a provocation. It is not possible to invite a person, regardless of whether there are diplomatic relations with the Russian state, a person who is singled out and who is involved in an open war,” he said.
However, the specialist indicated that each State has its own interpretation of foreign policy.
Juan Ramón de la Fuente and President-elect Claudia Sheinbaum assured that the invitation was sent for diplomatic reasons.
“While it is true (what Juan Ramón de la Fuente said), what did the Foreign Ministry expect by making it public?” he said. “If Putin comes, Mexico will not want to arrest Putin.”
WHAT WOULD HAPPEN IF MEXICO ARRESTS PUTIN?
The expert pointed out that if Mexico arrests Putin it would be an unprecedented event, since there are no cases of arrests against people on ICC orders in foreign territory.
“We can confirm that there has not been an arrest in another country where the accused is transiting and where the arrest warrant issued by the ICC is being carried out,” he said.
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