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TheInternational Criminal Court (ICC) is aninternational court located inThe Hague, Netherlands, created in 1998 by theRome Statute. Both Russia and Ukraine signed the Statute, but neither ratified it andRussia withdrew its signature from the Statute in 2016 following a report that classifiedRussia's annexation ofCrimea as an occupation; however,Ukraine accepted the Court's jurisdiction on its territory in 2014, allowing the Court to investigatealleged crimes committed during the course of theRusso-Ukrainian war.[7] The court received total cooperation from the Ukrainian authorities.[8]
On 4 February 2015, theVerkhovna Rada ofUkraine appealed to the ICC to investigatecrimes against humanity committed by Russian forces on Ukrainian territory since 20 February 2014, and to hold accountable the responsible senior officials of the Russian Federation.[9]
Ukrainian officials are investigating more than 16,000 suspected cases of forced deportation of minors.[11] Russia has acknowledged transferring 2,000 children without guardians.[8]
In May 2022, Putin ordered to simplify the issuance of Russian citizenship to Ukrainian orphan children.[12] TheMinistry of Foreign Affairs of Ukraine emphasized that by doing this, "Putin effectively legalized the abduction of children".[12]
In August 2022,Gyunduz Mamedov, Deputy Prosecutor General of Ukraine in 2019–2022, said that the deportation of Ukrainian children to Russia (more than 300,000 according to the Russian Federation) is the most promising way to prove genocide.[13]
In September 2022, Lvova-Belova, holding the office of the Commissioner for Children's Rights of Russia, described how the abducted Ukrainian children were initially hostile towards Russia and Putin, but after the process of "integration" the children's negative attitude gradually "turned into love".[14]
Other claims against Putin
In May 2016, families of victims of theMH17 crash filed a claim against Russia and President Vladimir Putin in theEuropean Court of Human Rights.[15][16] MH17 was a scheduled passenger flight that was shot down by Russia-controlled forces in Ukraine,[17] resulting in 298 civilian deaths.[18]
In July 2021, Putin published a lengthy essay "On the Historical Unity of Russians and Ukrainians", claiming that Ukraine is an artificial entity that occupies historically Russian lands.[19] A report by 35 legal and genocide experts cited Putin's essay as part of "laying the groundwork for incitement to genocide".[20] Later, the Russian state-ownedRIA News published the article titled "What Russia should do with Ukraine", accusing the entire Ukrainian nation of being Nazis who must wiped out and in some cases re-educated.[21][22][23]
From the point of view of international law, including the following treaties to which Russia is a party, the forcible deportation of minors is considered acrime against humanity:[26][27]
TheUnited Nations commission of inquiry characterized the deportation of Ukrainian children by Russian forces as awar crime.[31] Several countries officially recognized the ongoing events in Ukraine as a genocide perpetrated by Russian forces. The list of countries includes Ukraine,[32] Poland,[33] Estonia,[34] Latvia,[35] Canada,[36] Lithuania,[37] the Czech Republic,[38] and Ireland.[39]
Charges
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Warrants were issued against Vladimir Putin and Maria Lvova-Belova on 17 March 2023.[1] The Prosecutor of the ICC,Karim Ahmad Khan, stated that the charges against Putin and Lvova-Belova are based on reasonable grounds that the two are responsible for "unlawful deportation and transfer of Ukrainian children from occupied areas of Ukraine to the Russian Federation, contrary to article 8(2)(a)(vii) and article 8(2)(b)(viii) of the Rome Statute".[40]
The ICC identified "at least hundreds ofUkrainian children taken from orphanages and children's care homes" by Russian forces.[citation needed] Khan stated that these deportations were done with the intention to permanently remove the children from their own country, were a violation of theGeneva Convention and amounted to war crimes.[8]
On 5 March 2024, the ICC issued arrest warrants for senior military officialsViktor Sokolov andSergey Kobylash, on reasonable grounds of suspecting them of the war crimes of directing attacks at civilian objects and of causing excessive incidental harm to civilians or damage to civilian objects (Articles 8(2)(b)(ii) and 8(2)(b)(iv) of the Rome Statute) and of the crime against humanity of inhumane acts under article 7(1)(k). As of March 2024, the details of the warrants were kept secret to protect witnesses and protect the investigation.[3]
In mid-July 2023, Putin announced that he would not attend the15th BRICS summit in Johannesburg and would instead send foreign ministerSergey Lavrov.
In December 2023, Brazilian presidentLuiz Inácio Lula da Silva said he would invite Vladimir Putin to theBRICS andG20 summits in Brazil. He said Putin could be arrested in Brazil, but that would be the decision of Brazil'sindependent courts, not his government.[42]
On 1 June 2024, Mongolian retired politicianBaabar stated thatAlexander Lukashenko was visitingMongolia to help prepare security for Putin to visit Mongolia on the 85thanniversary of the battle of Khalkhin Gol. Baabar referred to Mongolia's obligation, as a party to the Rome Statute, to arrest Putin. He stated his view that Putin's visit would be an insult to the Rome Statute and embarrassing for Mongolia.[43] In late August 2024, Russian authorities announced that the visit would take place in early September.[44]
Putin and Mongolian PresidentUkhnaagiin Khürelsükh in Ulaanbaatar, Mongolia, 3 September 2024
On 30 August, Ukraine requested Mongolian authorities to arrest Putin if he visited the country. ICC spokesperson Fadi el-Abdalla said that states parties to the Rome Statute "have the obligation to cooperate in accordance with the Chapter IX of the Rome Statute" and that "In case of non-cooperation, ICC judges may make a finding to that effect and inform the Assembly of States Parties of it. It is then for the Assembly to take any measure it deems appropriate."[45] However,Putin visited Mongolia on 2 September,[46] and was not arrested.[47] After failure to make the arrest, Mongolia was described as complicit in Putin's war crimes.[48][49] In October 2024, the ICC referred Mongolia to its oversight body, the Assembly of States Parties. A request from Mongolia to the ICC to appeal this decision was rejected the following month.[50]
Mongolia is landlocked and only borders Russia and China, which would make the delivery of Putin to the Hague after his hypothetical arrest extremely difficult.[51]
Official reactions
Criticism
On 20–22 March 2023, Chinese presidentXi Jinping visited Russia andmet with Vladimir Putin. It was Putin's first international meeting since the ICC issued a warrant for his arrest.
Kremlin spokesmanDmitry Peskov called the arrest warrant "outrageous and unacceptable",[52] and said that Russia does not recognize the jurisdiction of the ICC.[53] Lvova-Belova told Russian state mediaRIA Novosti: "It's great that the international community has appreciated the work to help the children of our country, that we take them out, that we create good conditions for them, that we surround them with loving, caring people."[53]
Calling the court "a pathetic international organization",Dmitry Medvedev, the Deputy Chairman of Russia'sSecurity Council, warned: "Gentlemen, everyone walks under God and missiles. It is quite possible to imagine the targeted use of a hypersonic Onyx missile by a Russian ship in the North Sea strikes in the Hague court building. Unfortunately, it cannot be shot down... So, judges of the court, watch the skies closely."[54]
Serbian PresidentAleksandar Vučić has criticized the arrest warrant for Putin, saying the warrant will prolong the war in Ukraine.[55]
Ministry of Foreign Affairs of China spokespersonWang Wenbin said at a press conference: "ICC needs to take an objective and just position, respect the jurisdictional immunity of a head of state under international law, prudently exercise its mandate in accordance with the law, interpret and apply international law in good faith, and not engage in politicization or use double standards."[56]
South African Foreign MinisterNaledi Pandor criticized the ICC for not having what she called an "evenhanded approach" to all leaders responsible for violations of international law.[57] South Africa, which failed in its obligation to arrest visiting Sudanese PresidentOmar al-Bashir in June 2015, invited Putin to the15th BRICS Summit of leaders of Brazil, Russia, India, China and South Africa in August 2023. As South Africa is a signatory to theRome Statute, the presence of Vladimir Putin remained uncertain.[58]
In May 2023,South Africa announced that it would grant diplomatic immunity to Vladimir Putin to attend the15th BRICS summit despite the ICC's arrest warrant.[59]
Western Cape premierAlan Winde criticized the rulingAfrican National Congress (ANC) government for inviting Putin to South Africa and said that the province's officers would arrest Putin if he came to the Western Cape.[60] South African ministerKhumbudzo Ntshavheni disputed Winde's words, saying that "If President Putin is in the country and he is protected by the presidential protection service, I don't know how Premier Winde, who does not have even policing functions, will get through the presidential protection service."[61]
In May 2023, South Africa announced that they would be givingdiplomatic immunity to Putin and other Russian officials so that they could attend the 15th BRICS Summit despite the ICC arrest warrant.[59] Former South African PresidentThabo Mbeki said: "Because of our legal obligations, we have to arrest President Putin, but we can't do that."[62]
In July 2023, South African PresidentCyril Ramaphosa announced that Putin would not attend the summit "by mutual agreement" and would instead send Foreign MinisterSergei Lavrov.[63]
In January 2024, South African Foreign Minister Naledi Pandor criticized the alleged double standards of the court's chief prosecutor,Karim Khan, who was able to issue an arrest warrant for Vladimir Putin but failed to issue an arrest warrant for Israeli Prime MinisterBenjamin Netanyahu overIsraeli war crimes inGaza.[64][a]
The following countries that had criticised the ICC decision as of 2023: China, Cuba, Hungary, Russia, Serbia, and South Africa;[65][66] with Slovakia and the United States expressing criticism in 2025.[citation needed]
Ukrainian foreign ministerDmytro Kuleba supported the ICC decision,tweeting: "International criminals will be held accountable for stealing children and other international crimes."[53]Andriy Kostin, Ukraine's chief prosecutor, stated: "World leaders will think twice before shaking [Putin's] hand or sitting with Putin at the negotiating table...It's another clear signal to the world that the Russian regime is criminal".[8]
Canadian foreign ministerMélanie Joly supported the ICC decision,tweeting: "Canada stands firmly with the people of Ukraine."[67][68]
German justice ministerMarco Buschmann stated that if Putin finds himself on German territory, he will be arrested.[72]
EU's chief diplomatJosep Borrell stated: "The EU sees the decision by the ICC as a beginning of the process of accountability and holding Russian leaders to account for the crimes and atrocities they are ordering, enabling or committing in Ukraine".[11]
ICC prosecutorKarim Khan stated: "Those that feel that you can commit a crime in the daytime, and sleep well at night, should perhaps look at history", pointing out that no one thoughtSlobodan Milošević would end up in The Hague.[73]
Brazilian foreign ministerMauro Vieira said Putin would face the risk of arrest if he entered Brazil.[74] Brazilian presidentLuiz Inácio Lula da Silva reiterated this in September 2023 after initially suggesting Putin may be permitted to attend the 2024 G20 summit in Rio de Janeiro.[75]
Australian Foreign MinisterPenny Wong explicitly tied Australia's sanctions to the ICC arrest warrants issued for President Putin and Maria Lvova-Belova, emphasizing that "those supporting Russia's illegal war will face consequences." This was communicated in an official media release by Australia's Department of Foreign Affairs and Trade.[76]
Japan noted the ICC warrants in its 2024 Diplomatic Bluebook coverage of Russia's war against Ukraine, reflecting continued support for the ICC.[77]
The Council of Europe (blue)
TheParliamentary Assembly of the Council of Europe (PACE), an international organization with 46 member states, "welcomed the International Criminal Court's decision to issue arrest warrants for Russia's president Vladimir Putin and Children's Rights Commissioner Maria Lvova-Belova on war crimes charges, and urged their enforcement".[78] According to the resolution by PACE, the forcible transfer and "russification" of Ukrainian children shows evidence of genocide.[78]
List of countries that have supported the ICC decision so far as of 2023:[65][66] Austria, Belgium, Bulgaria, Canada, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France. Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Poland, Portugal, Romania, Slovakia (Not relevant for 2025), Slovenia, Spain, Sweden, Taiwan, Ukraine, United Kingdom, and United States (Not relevant for 2025)
Analysis
The New York Times stated that "the likelihood of a trial while Mr. Putin remains in power [appeared] slim" due to Russia's refusal to surrender their own officials and the court nottrying defendants in absentia.[79] Former US ambassadorStephen Rapp said the warrant "makes Putin a pariah. If he travels, he risks arrest. This never goes away."[80] According toUtrecht University professor Iva Vukusic, Putin "is not going to be able to travel pretty much anywhere else beyond the countries that are either clearly allies or at least somewhat aligned (with) Russia".[6]
In the view ofSky News analyst Sean Bell, the arrest warrant could complicatepeace negotiations aimed at ending theRusso-Ukrainian War.[81]Al Jazeera journalistAhmed Twaij argued that like Putin, former U.S. PresidentGeorge W. Bush should be held accountable before the ICC for war crimes due to his role in theIraq War.[82] British journalistGeorge Monbiot wrote in aGuardian op-ed that the ICC targeting Putin was an example of the organization's bias in favor of prosecuting crimes by non-Westerners, writing that "Africans accused of such crimes do not enjoy the political protections afforded to the western leaders who perpetrate even greater atrocities."[83]
^Khan issued an application for an arrest warrant for Netanyahu in May 2024, and the International Criminal Courtissued an arrest warrant for Netanyahu in November 2024.
^"Putin Evades Arrest in Mongolia".Australian Broadcasting Corporation. 4 September 2024. Retrieved4 September 2024.this makes Mongolia complicit in Putin's war crimes
Italics and (*) indicate that a person was convicted by the ICC and that the conviction remains valid; a name in (parentheses) indicates that charges were dropped or a conviction was overturned; † indicates a person confirmed by the ICC as deceased before or during trial; (x) after a name indicates that the case was closed by the ICC because of a national-level trial of the accused
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