How CAN Putin be arrested for war crimes? Unlikely circumstances that could see ... trends now

How CAN Putin be arrested for war crimes? Unlikely circumstances that could see ... trends now
How CAN Putin be arrested for war crimes? Unlikely circumstances that could see ... trends now

How CAN Putin be arrested for war crimes? Unlikely circumstances that could see ... trends now

The International Criminal Court has issued a warrant for the arrest of Vladimir Putin amid accusations of war crimes during his faltering invasion of Ukraine.

Karim Khan, the ICC's chief prosecutor, today said hundreds of children have been unlawfully taken from orphanages and children's homes in occupied areas of Ukraine and transported to Russia to be given to new families.

Putin has become only the third serving president to have been issued an ICC arrest warrant, after Sudan's Omar al-Bashir and Libya's Muammar Gaddafi, and the first leader of one of the five permanent members of the UN Security Council.

The ICC's warrant now obligates its 123 member states to arrest the Russian president and transfer him to The Hague for trial should he set foot on their territory.

But the Kremlin today slammed the court's decision as 'outrageous and unacceptable', instead insisting any decisions of the ICC are 'null and void' with respect to Russia as Moscow does not recognise the court's jurisdiction. 

Putin has become only the third serving president to have been issued an ICC arrest warrant

Putin has become only the third serving president to have been issued an ICC arrest warrant

International Criminal Court (ICC) Prosecutor Karim Khan stands next to a grave where remains of three bodies were found, in the town of Bucha, outside Kyiv, in April last year

International Criminal Court (ICC) Prosecutor Karim Khan stands next to a grave where remains of three bodies were found, in the town of Bucha, outside Kyiv, in April last year

A volunteer places a cross with a number to a grave of one of unidentified people killed by Russian troops in Bucha

A volunteer places a cross with a number to a grave of one of unidentified people killed by Russian troops in Bucha

Its stance inevitably casts doubts over how Putin can be arrested, with the possibility of a trial remaining a long way off.

Moscow does not recognise the court's jurisdiction and does not extradite its nationals - a position reaffirmed on Friday by Russian Foreign Ministry spokeswoman Maria Zakharova in a first reaction to the warrants.

'The decisions of the International Criminal Court have no meaning for our country, including from a legal point of view,' she said.

Even the ICC's president Piotr Hofmanski admitted that while the court's judges have issued the warrants, it will be up to the international community to enforce them.

Under the Rome Statute system of international criminal justice, the court has no police force of its own to enforce warrants. 

What's more, the Statute - from which the ICC draws its authority - precludes trials being held in absentia, meaning Putin would have to be tried in person.

But while the likelihood of Putin's arrest remains highly unlikely, it is not entirely impossible.

Systematic reminders of the ICC's arrest warrants are sent to member countries when a suspect travels abroad.

If a country fails to comply with a request to cooperate, it may be referred to the court itself.

Putin will not be arrested in or extradited from Russian territory, but has made trips abroad since the outbreak of the war in February last year.

In June, he travelled to Tajikistan and Turkmenistan before visiting Iran the following month.

The despot also travelled to Uzbekistan in September, Kazakhstan in October and Armenia in November, as well as Kyrgyzstan and Belarus in December.

In the early months of the war, Russian forces were forced to retreat from towns and cities across Ukraine - but as they retreated, the war crimes they have committed against civilians has become clear. Pictured: The bodies of civilians killed by Russian soldiers lie on the street in Bucha on April 2, 2022

In the early months of the war, Russian forces were forced to retreat from towns and cities across Ukraine - but as they retreated, the war crimes they have committed against civilians has become clear. Pictured: The bodies of civilians killed by Russian soldiers lie on the street in Bucha on April 2, 2022 

The ICC (file image of the International Criminal Court in the Hague) accused Putin of being responsible for war crimes because of his involvement in the abduction of children from Ukraine

The ICC (file image of the International Criminal Court in the Hague) accused Putin of being responsible for war crimes because of his involvement in the abduction of children from Ukraine

Of these countries, only Tajikistan is a member of the ICC and party to the Rome Statute and Putin may avoid entering the country again on that basis.

But while non-members have no obligation under the statute to cooperate with the ICC, they will be encouraged to do so.

What is the International Criminal Court? 

- The ICC was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves. 

It can prosecute crimes committed by nationals of member states or on the territory of member states by other actors. It has 123 member states. The budget for 2023 is about 170 million euros.

- The ICC is conducting 17 investigations, ranging from Ukraine and African states such as Uganda, Democratic Republic of Congo and Kenya to Venezuela in Latin America and Asian nations, such as Myanmar and the Philippines, according to its website.

- The ICC website says there have so far been 31 cases before the court, with some cases having more than one suspect. ICC judges have issued 38 arrest warrants.

- Twenty-one people have been held in the ICC detention centre and have appeared before the court. Fourteen people remain at large. 

Charges have been dropped against five people due to their deaths. The judges have issued 10 convictions and four acquittals.

- The ICC has convicted five men of war crimes and crimes against humanity, all African militia leaders from Democratic Republic of Congo, Mali and Uganda. Terms range from nine to 30 years in prison. 

The maximum possible term is life imprisonment. 

- A top fugitive is former Sudanese leader Omar al Bashir, wanted for genocide in Darfur. 

The first former head of state ever to appear before the ICC, former Ivorian president Laurent Gbagbo, was acquitted of all charges in 2019 after a three-year trial. 

- Although the court is supported by many United Nations members and the European Union, other major powers like the United States, China and Russia are not members, arguing it could be used for politically motivated prosecutions.

- The Ukraine investigation opened on March 2, 2022, and its focus is alleged crimes committed in the context of the situation in Ukraine since Nov. 21, 2013, according to the ICC website. 

Protests erupted in 2013 against then President Viktor Yanukovych, who fled to Russia when he was ousted in 2014.

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Some non-members have even played an active role in previous warrant operations.

If the United Nations Security Council triggers the ICC's jurisdiction over a situation, the country has a duty to cooperate regardless of whether they are a

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