On September 3, 2024, Free Russia Foundation sent a letter to the Office of the Prosecutor of the International Criminal Court (ICC) to formally request the issuance of an arrest warrant against Vladimir Putin, the President of the Russian Federation, during his current visit to Mongolia. This request is based on the obligations of Mongolia under the Rome Statute of the ICC, to which Mongolia is a State Party, and is further supported by the ICC’s jurisprudence, particularly the decision in the case of The Prosecutor v. Omar Hassan Ahmad Al Bashir dated May 6, 2019.
As a party to the Rome Statute, Mongolia is obligated to arrest and surrender Vladimir Putin to the ICC upon his entry into its territory. Failure to do so would not only contravene Mongolia’s international legal obligations but also undermine the integrity of the international criminal justice system. Further, in the case of The Prosecutor v. Omar Hassan Ahmad Al Bashir, the ICC affirmed the obligation of State Parties to the Rome Statute to cooperate with the Court in the arrest and surrender of individuals subject to arrest warrants, even in cases involving sitting heads of state. The Court emphasized that there are no exceptions to the duty of cooperation under the Rome Statute, including for state officials or heads of state. This decision was pivotal in reinforcing the principles of international justice, underscoring that no one is above the law, regardless of their position.
Vladimir Putin has been implicated in actions that constitute grave violations of international law, including crimes against humanity and war crimes. As the ICC has already issued an arrest warrant against him for these crimes, his presence in Mongolia presents a critical opportunity to uphold the principles of justice and the rule of law as enshrined in the Rome Statute.
Vladimir Putin’s actions in Ukraine include, but are not limited to, the intentional targeting of civilian infrastructure, the indiscriminate bombing of residential areas, the use of prohibited weapons, and the forced deportation of civilians, including children, from occupied territories. These acts constitute clear violations of the laws and customs of war, as outlined in the Geneva Conventions and their Additional Protocols and are classified as war crimes under Article 8 of the Rome Statute. His leadership and command responsibility in directing and sustaining this brutal campaign make him directly culpable for these serious breaches of international law.
Under Article 15 of the Rome Statute, civil society organizations and individuals are empowered to make requests for arrest to the Office of the Prosecutor. This provision underscores the role of civil society in advancing justice and accountability on a global scale. The present request of Free Russia Foundation is submitted in that spirit, reflecting a commitment to ensuring that the ICC’s mandate is upheld and that perpetrators of the most serious crimes are held accountable.
In light of the ICC’s decision in The Prosecutor v. Omar Hassan Ahmad Al Bashir, we urge the Office of the Prosecutor to take all necessary steps to ensure that Mongolia fulfills its obligations under the Rome Statute by arresting Vladimir Putin during his visit and transferring him to the ICC to face justice for his alleged crimes.
We trust that the ICC will act with the utmost diligence in this matter, reflecting the international community’s commitment to accountability for the most serious crimes of concern to the global community.