ICC turns down Mongolia’s appeal for failing to arrest Putin

The International Criminal Court (ICC) has rejected Mongolia's request to appeal a decision that found the country in violation of its obligations for failing to arrest Russian President Vladimir Putin during his visit in early September. Putin’s visit to Mongolia occurred despite an ICC arrest warrant issued in March 2023, accusing him of unlawfully deporting Ukrainian children following Russia’s 2022 invasion of Ukraine.

In October, ICC pre-trial judges determined that Mongolia, an ICC member state, did not fulfill its duty to detain Putin and referred the issue to the Assembly of States Parties (ASP), the court’s oversight body, for further action. Mongolia sought to challenge this decision, called for the disqualification of two judges involved, and requested a delay in appeal proceedings until the disqualification issue was resolved. On November 29, the ICC denied Mongolia’s requests, stating the decision and ASP referral were not subject to appeal as they were not formal rulings on the merits or procedural aspects of a case. The judges emphasized that the decision was an assessment of Mongolia’s compliance with its obligations under the Rome Statute, which requires member states to arrest individuals wanted by the ICC.

The ICC's arrest warrant alleges Putin’s involvement in the forced deportation of Ukrainian children to Russia, a war crime according to international law. Ukraine asserts that thousands of children were forcibly taken from occupied territories during the invasion, while Russia claims the relocations were for their safety. Russia has dismissed the ICC warrant as irrelevant, but Putin’s trip to Mongolia marked his first visit to an ICC member state since the warrant was issued. Last year, he canceled plans to attend a BRICS summit in South Africa, also an ICC member state, due to similar concerns over potential arrest.