Putin’s arrest on the warrant of the International Criminal Court did not take place. The Ministry of Foreign Affairs of Ukraine stated that this fact dealt a “heavy blow” to the system of international criminal law. “Mongolia allowed the criminal to escape justice, thereby sharing his responsibility for war crimes,” said the spokesman of the Ministry of Foreign Affairs of Ukraine, Heorhiy Tykhy.
The day before, the ICC stated that all its members have the duty to detain persons wanted by the court. At the same time, it was recognized that in practice little could be done if Mongolia did not comply with this obligation. “President Putin is a fugitive from justice,” said Altantuya Batdorj, executive director of Amnesty International Mongolia. “Any trip to an ISS member state that does not result in an arrest will encourage President Putin’s current course of action and should be seen as part of a strategic effort to undermine the ISS.”
Mongolia – a country sandwiched between two powerful neighbors: Russia and China – really had little room for maneuver. In this regard, South African President Cyril Ramaphosa noted that Putin’s arrest could be perceived by Russia as an act of aggression equivalent to a declaration of war.
A spokesman for the government of Mongolia spoke even more clearly in a statement to Politico, saying that the country is in a situation of energy dependence and is making it difficult to arrest Putin on a warrant from the International Criminal Court due to war crimes in Ukraine.
“Mongolia imports 95% of its oil products and more than 20% of its electricity from our immediate surroundings. These supplies are critical to ensuring our existence and the existence of our people,” — said the spokesman. He added that Mongolia has always followed a policy of neutrality in all its diplomatic relations, and Russia’s war against Ukraine has not changed this position. She did not condemn Russia’s invasion of Ukraine and abstained from the corresponding vote at the United Nations.
It should be noted that for years Russia has been negotiating the construction of a pipeline to transport 50 billion cubic meters of natural gas per year from the Yamal region to China via Mongolia. The project, known as Power of Siberia 2, is part of a strategy to compensate for a drop in gas sales in Europe following a large-scale boycott of Russian resources due to the invasion of Ukraine.
It cannot be said that Putin was generally indifferent to the possibility of being arrested. At one time, he did not go to the BRICS summit. His visit was canceled following pressure from civil society and a South African court ruling that confirmed South Africa’s commitment to comply with the ICC’s arrest warrant for the Russian president. However, visiting Mongolia apparently did not bother him in this context.
Indeed, Mongolia met Putin with a guard of honor and did not even hint that he was at risk of arrest. There was no official reaction of Mongolia to calls to implement the warrant.
The central square of the capital was decorated with huge Mongolian and Russian flags. In the afternoon, a small protest was held, where demonstrators held a placard with the demand “Putin, the war criminal, out of here.” Another protest took place on Tuesday at the Monument to the Repressed in Ulaanbaatar, which honors those who suffered under Mongolia’s Soviet-backed communist regime. The Mongolian government has not commented on these events.
For data According to the Center for European Policy Analysis, Putin’s visit to Mongolia pursued several goals that had nothing to do with the official version. First, the international trip was expected to divert attention from the events in Kursk and help preserve Putin’s image as a strong leader at home and abroad. Indeed, it is difficult to maintain respect for Russia as a global power when its president has been isolated and absent from key international events for two years.
Kremlin advisers hoped that Putin’s “fearless” appearance in public would send a signal to his supporters that the West cannot dictate Russia’s terms. The Russian president’s approval rating has recently fallen amid Moscow’s slow response to the events in Kursk, so a message to society was needed that would stimulate a return of respect for Putin.
As you know, Mongolia is one of the 94 countries that signed a joint statement in June confirming their “unwavering support” for the ISS. Erdenebalsuren Damdin, a citizen of Mongolia, is one of the judges of the International Court of Justice. We will remind that Mongolia became a member of the ISS back in 2003. Under the court’s founding treaty, Mongolia has an obligation to cooperate with the court, including arresting and handing over any suspects who enter its territory. Since the ICC does not have its own police force, the court is forced to rely on states and the international community for assistance in arrests.
Ahead of Putin’s visit to Mongolia, International Criminal Court spokesman Dr. Fadi el-Abdallah said the court’s member states, including Mongolia, “have an obligation to cooperate under Title IX of the Rome Statute,” the treaty that created the court. In the case of non-cooperation, the judges of the ICC can make a corresponding decision and inform the Assembly of the participating states about it. The Assembly shall then take such measures as it deems appropriate.
At the same time, the agreement states that, under certain circumstances, states may be exempted from the obligation to arrest if this would lead to a “violation of treaty obligations” with another state or if it would violate the “diplomatic immunity of a person or property of a third state.” And this actually removes responsibility for not arresting Putin.
After all, the refusal of a country that is a member of the International Criminal Court to extradite a suspect undermines the authority of the Court itself and international criminal justice in general. This creates significant advantages for persons suspected of committing international crimes.
Andriy Kostin, Prosecutor General, commented on Mongolia’s refusal to fulfill its duty to the International Criminal Court: Today, Putin humiliated Mongolia, cynically using it as a bargaining chip in his geopolitical game. I would like to remind the authorities of this country that the ability to comply with its obligations under international law is one of the main criteria for a state’s membership in the civilized world. A world that values human life and freedom”
After the trip, during which Putin and Mongolian President Ukhnagin Khurelsukh signed agreements on the supply of energy and petroleum products, the reconstruction of a power plant and environmental protection, the Kremlin cynically said that institutions such as the ISS could not constrain Russia in its relations with “the world’s majority”.
The Ministry of Foreign Affairs of Ukraine said that this is a blow to the international system of criminal law, and it will work on the consequences for Ulaanbaatar.
