Mongolia faces potential ICC prosecution after failing to arrest Putin, drawing criticism from Ukraine

Putin arrived in Mongolia on Monday, the 2nd of September, for talks that are likely to focus on a new gas pipeline linking Russia and China, while the Ukrainian Foreign Ministry said that Mongolia’s failure to arrest the Kremlin leader, who is the subject of an international arrest warrant, is a severe blow to the international criminal justice system, report Reuters and Politico.

The arrest warrant for Putin issued by the International Criminal Court (ICC) last year obliges 124 ICC member states, including Mongolia, to arrest the Russian President and bring him to The Hague for trial if he enters their territory.

Ukrainian Foreign Ministry spokesman Heorhiy Tykhyi said Mongolia’s decision not to detain Putin is a

“severe blow to the ICC and the criminal justice system”.

“Mongolia has allowed an accused criminal to evade justice, thereby accepting complicity for war crimes,” he wrote in Telegram, adding that Ukraine would work with allies to ensure that Mongolia feels the consequences.

Altantuya Batdorj, Executive Director of Amnesty International Mongolia, also warned that if Mongolia gives any form of refuge to President Putin, it will not only obstruct the rule of law but also make the country complicit in impunity for serious international crimes.

Both the European Union and Ukraine have reminded Mongolia of this obligation and have urged Mongolia to arrest Putin, but Russian officials have stated that they have “no worries” about Putin’s visit.

Kremlin spokesman Dmitry Peskov said Russia had an “excellent dialogue” with Mongolia and all aspects of the visit had been discussed in advance.

According to legal expert Tamás Hoffmann, if Mongolia does not arrest Putin, it could “most certainly” face ICC prosecution and the ICC could refer the case to the Assembly of the Parties, which could condemn Mongolia for non-compliance, but the country would not face serious consequences such as sanctions.

The ICC warrant accuses Putin of illegally deporting hundreds of children from Ukraine. The Kremlin has rejected the accusation, saying it is politically motivated.

Also read: Expert: war in Ukraine has yet to cause threats to US’ existential interests

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