Tensions broke out this Friday after it was announced that the President of Russia, Vladimir Putin, will hold a meeting next Tuesday, September 3. an official visit to Mongolia, despite the arrest warrant issued by the International Criminal Court (ICC) against him, which the Asian country should, in theory, execute.
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The official Mongolian news agency Montsame reported on Friday that Putin will meet his Mongolian counterpart, Ukhnaa Khurelsukh, in Ulan Bator, with whom he will “exchange views on bilateral relations and cooperation.” In addition, Putin will participate in a commemorative event for the 85th anniversary of the Battle of the Khalkh River, in which Soviet and Mongolian troops faced Japanese forces.
If Putin does set foot on Mongolian soil, it will be his first visit to an ICC member state since the body issued an arrest warrant against him last year for alleged war crimes in Ukraine.a decision criticized by Moscow.
The big question now is whether Mongolia will decide to cooperate with the international court.
What is Putin accused of?
Putin is accused by the ICC of war crimes for the “deportation” of Ukrainian children from Russian-occupied territories in Ukraine.
On account of that arrest warrant, In 2023, the president decided not to attend the summit of the BRICS group of emerging economies hosted by South Africa for fear of being arrested. “Putin understands the dilemma facing South Africa, but he did not want to jeopardise the summit or create problems for South Africa,” South African officials said at the time.
However, he did travel to China in May this year, North Korea in June and Azerbaijan this month, countries that are not members of the ICC.
This time, when it seems that the official visit is a fact, the circumstances are different because Mongolia signed the Rome Statute in 2000 and ratified it in 2002. The Rome Statute stipulates that each Member State having received a request must “immediately take the necessary measures for the arrest” of the individual sought and that the individual be brought “without delay before the competent judicial authority of the arresting State.”
Mongolia, despite having been a satellite of the USSR during the Soviet Union’s existence, has since the mid-1990s strengthened ties with the United States and neighboring China, both interested in its abundant mineral resources.
What if Mongolia does not cooperate with the ICC?
In any case, The Kremlin made it clear on Friday that it is not afraid that the Russian president will be detained in Mongolia during his next visit.
“No, we are not worried… We have a great dialogue with our Mongolian friends,” said Russian presidential spokesman Dmitry Peskov, when asked if there were fears of the Russian president’s possible arrest in the neighbouring country. Peskov added that “all aspects of the visit have been carefully prepared.”
No, we are not worried (…) We have a wonderful dialogue with our friends from Mongolia.
But the ICC, along with Human Rights Watch (HRW) and Ukraine, hope that Mongolia will cooperate.
In a statement, the court recalled that Mongolia is a State Party to the Rome Statute of the ICC and relies on its States Parties and other partners to enforce its decisions, including in relation to arrest warrants.
“States Parties to the Rome Statute of the ICC have an obligation to cooperate in accordance with Chapter IX of the Rome Statute, while non-States Parties may decide to cooperate voluntarily,” the court recalled, warning that “in the event of a lack of cooperation, the ICC judges may make a finding to that effect” and report it to the Assembly of States Parties, which would then take “such measures as it deems appropriate.”
Ukraine also echoed the call, saying it “hopes that the Mongolian government will be aware of the fact that Vladimir Putin is a war criminal,” according to the Foreign Ministry of the former Soviet republic, which has been facing a Russian invasion since February 2022. “We call on the Mongolian authorities to execute the binding international arrest warrant,” it added.
Human Rights Watch (HRW) on Friday reminded Mongolia that it has an “obligation” to arrest the Russian president. If it does not do so, recalls Maria Elena Vignoli, international justice adviser at HRW, in a statement, the Mongolian government would be “defying its international obligations as a member of the International Criminal Court (ICC).”
The Mongolian government, HRW insists, “has the opportunity to demonstrate its commitment to justice for international crimes and the ICC by denying (Putin) entry or arresting him if he enters the country.”
The Mongolian government has not yet made any statement on whether it will detain Putin during his visit.
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