Mongolia was meant to arrest Russia's President Putin final night time. It didn't, and now it's in bother

There’s nothing outstanding about Russian President Vladimir Putin’s go to to Mongolia on Tuesday — he is resulting from meet the nation’s chief, maintain talks on growing bilateral ties and attend a gala reception.

What’s uncommon is that Mongolia, as a member of the Worldwide Prison Courtroom (ICC), ought to have arrested the Russian president as quickly as he landed on Mongolian soil Monday night.

Putin is the topic of a world arrest warrant issued by the ICC in March 2023. The courtroom alleged that he’s liable for conflict crimes, with a selected deal with the illegal deportation of youngsters from Ukraine to Russia.

On the time, the Kremlin described the ICC’s actions as “outrageous and unacceptable” and mentioned that they had no impact on Russia, which isn’t a member of the ICC.

Mongolia has now discovered itself in sizzling water as Putin visits the nation — his first go to to an ICC member state for the reason that arrest warrant was issued — with obvious impunity.

Underneath the Rome Statute, the founding treaty of the ICC that got here into impact in 2002, ICC member states are obliged to detain and give up to the courtroom any individuals who’re topic to an ICC arrest warrant, in the event that they set foot on their soil.

The courtroom has no approach to implement the rule, nevertheless, and Mongolia defied it by welcoming Putin with a guard of honor as he met President Ukhnaagiin Khurelsukh within the capital, Ulaanbaatar, on Tuesday.

Mongolia’s dangerous transfer has triggered consternation on the ICC, which is predicated within the Netherlands, and in Ukraine, which was invaded by Russia in Feb. 2022.

A spokesperson for the ICC, Fadi el-Abdallah, informed the BBC final Friday that Mongolia had an “obligation” to adjust to the arrest warrant and mentioned “in case of non-cooperation, ICC judges could make a discovering to that impact and inform the Meeting of States Events of it. It’s then for the Meeting to take any measure it deems acceptable.”

He didn’t specify what measures could possibly be taken, nevertheless, and clarified that the ICC does permit for some exemptions to the rule, corresponding to when a rustic could possibly be pressured to “breach a treaty obligation” with one other state or the place it could violate “diplomatic immunity of an individual or property of a 3rd state,” the BBC report famous.

Worldwide authorized specialists warned Monday that Mongolia’s failure to fulfil its obligations to the ICC will very seemingly have some penalties, with some mooting the potential for prosecution.

“ICC States Events shouldn’t be inviting individuals topic to an ICC arrest warrant to go to their nations for any purpose. Full cease,” famous Mark Ellis, government director of the Worldwide Bar Affiliation (IBA), a company representing the worldwide authorized career.

“Mongolia’s membership within the ICC and its respect for the rule of regulation calls for that it adjust to this arrest warrant or let President Putin know that he’s not welcome in Mongolia. It is a second when Mongolia, as a State Get together, has to place regulation over politics,“ he mentioned in emailed feedback Monday.

The IBA went on to warn that Mongolia, a member of the ICC since 2002, may face “penalties within the occasion of non-cooperation.” Although it didn’t specify what these could possibly be, there’s hypothesis that Mongolia may now be prosecuted by the ICC.

Mongolia has not commented or responded to the criticism over Putin’s journey. CNBC has contacted the nation’s international ministry for remark.

Russia was sanguine in regards to the journey to Ulaanbaatar beforehand, with no obvious worries over a possible arrest situation in a rustic the place Moscow goals to increase its regional affect and vitality infrastructure.

Kremlin spokesman Dmitry Peskov informed reporters final Friday that the Kremlin had “no worries” in regards to the journey, stating that Russia’s management have “a beautiful dialogue with our associates from Mongolia.”

Russian media company TASS cited Russian Presidential Aide Yury Ushakov as stating that the 2 leaders will focus on cooperation between Moscow and Ulaanbaatar “in industrial manufacturing, agriculture and railway transport” in addition to academic packages and exchanges.

Democracy Fellow with the Heart for European Coverage Evaluation, Elena Davlikanova, commented that Russia was utilizing the journey to “mock the ICC,” with the economically-supplicant nation a deliberate selection for a go to to check the ICC’s mettle.

“In fact, Putin would by no means have traveled if there was any probability of an arrest. The nation had already assured Moscow the president wouldn’t be detained,” she famous in evaluation Monday.

“Sandwiched between two highly effective neighbors, Russia and China, Mongolia has lengthy been constrained in its freedom of maneuver, so Putin’s selection makes ruthless sense,” she added.

For Russia, the journey provided not solely a distraction from Ukraine’s incursion into the Kursk border area but additionally a approach to “assist keep Putin’s picture as a robust chief at house and overseas,” she mentioned, including that the journey additionally helped to undermine the ICC and any prospect of future prosecution of suspected conflict crimes.

“Putin is keen to defy worldwide authorized norms to undermine worldwide regulation. Hungary and Armenia, additionally ICC members, have assured the president that he wouldn’t be arrested on their soil, additional eroding the courtroom’s effectiveness. If the world order continues to weaken, the prospects for a tribunal for Russian conflict criminals, reparations and accountability would diminish considerably, dashing Ukraine’s hopes of a simply peace,” Davlikanova mentioned.

Ukraine’s international ministry spokesman Heorhiy Tykhyi mentioned on Telegram Monday that “Mongolia has allowed an accused legal to evade justice, thereby sharing accountability for the conflict crimes.” He added that Kyiv would work with its companions “to make sure that this has penalties for Ulaanbaatar.”

The European Fee on Monday referred to as on Mongolia to fulfill its obligations to the ICC.

“Mongolia, like all different nations, has the correct to develop its worldwide ties in line with its personal pursuits, nevertheless … Mongolia is a state get together to the Rome Statute of the ICC since 2002 with the authorized obligations that it entails. We have now raised our concern in regards to the go to and said our place of the ICC clearly by way of our delegation in Mongolia,” Fee spokeswoman Nabila Massrali mentioned Monday.

Human rights campaigners have additionally criticized the transfer with Human Rights Watch and Amnesty Worldwide among the many teams calling for Mongolia to arrest Putin.

Altantuya Batdorj, the manager director of Amnesty Worldwide Mongolia, commented Monday that “Mongolia’s worldwide authorized obligations are clear.”

“President Putin is a fugitive from justice. Any journey to an ICC member state that doesn’t finish in arrest will encourage President Putin’s present plan of action and should be seen as a part of a strategic effort to undermine the ICC’s work to prosecute suspected conflict criminals,” Batdorj mentioned, in feedback posted on-line.