International Criminal Court issues arrest warrant against Vladimir Putin over Ukraine ‘War crimes’ : Daily Current Affairs

Date: 20/03/2023

Relevance: GS-2: Important International Institutions, agencies and fora - their Structure, Mandate; International Criminal Court; Russia-Ukraine War.

Key Phrases: Russia-Ukraine War, International Criminal Court, International Court of Justice, North Atlantic Treaty Organization, United Nations Security Council (UNSC), Multilateral Reforms.

Context:

  • Recently, The International Criminal Court issued an arrest warrant for Russian President Vladimir Putin on the war crime accusation of unlawfully deporting Ukrainian children.

Key Highlights:

  • Moscow dismissed the orders as “void” and War-battered Ukraine welcomed the ICC announcement.
  • Neither Russia nor Ukraine is member of the ICC, but Kyiv has accepted the court’s jurisdiction.
  • Since Russia is not a party to the ICC so it was unclear if or how Mr. Putin could ever end up in the dock.
    • Russia denies allegations of war crimes by its troops.
  • Since its launch in 2002, the court has issued arrest warrants for three sitting world leaders: Sudan's Omar al-Bashir, Libya's Moammar Gadhafi and now Putin.
    • None have stood trial. (Gadhafi was killed and al-Bashir remains at large.)

What can the ICC do?

  • The ICC has jurisdiction over four types of crimes: genocide, war crimes, crimes against humanity and crimes of aggression.
  • However, with no armed body to enforce its warrants, the ICC has minimal power to arrest people and instead must rely on the security forces of member states.

What is the court's prosecution record?

  • With more than 900 staff members and an annual budget of nearly $250 million, 31 cases have gone before the International Criminal Court.
  • Its judges have issued 38 arrest warrants, according to the ICC's website.
    • Twenty-one of those have led to a suspect being arrested by a member state and held in the court's detention centre.
  • The court has issued 10 convictions and four acquittals.

International Court of Justice

 International Criminal Court
  • The International Court of Justice is the primary judicial branch of the United Nations.
  • Seated in the Peace Palace in The Hague, Netherlands, the court settles legal disputes submitted to it by states and provides advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly.
  • Subject Matter:
    • settles legal disputes i.e. sovereignty, boundary disputes, maritime disputes, trade, natural resources etc.
  • Parties:
    • Only states are either members of the United Nation or ICJ or both.
  • Jurisdiction:
    • Contentious Jurisdiction and Advisory opinion
  • Funding:
    • UN Funding
  • United Nation Judiciary organ
  • The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands.
  • The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes.
  • Subject Matter:
    • Trial criminal offenses i.e. genocide, crimes against humanity, war crimes, crimes of aggression.
  • Parties:
    • Individuals either ratified members of ICC or accept the jurisdiction of ICC.
  • Jurisdiction:
    • Criminal prosecution of individuals
  • Funding :
    • Member States and voluntary funding from UN and others
  • Independent organization

What can be the implications of the Warrants?

  •  Human rights groups hailed the warrant as an important step toward ending impunity for Russian war crimes in Ukraine.
  • While an arrest might be unlikely, the warrant will make diplomatic and business endeavors more difficult for Putin and his allies.
  • The likelihood of a trial while Putin remains in power appears slim since the court cannot try defendants in absentia, and Russia has said it will not surrender its own officials.
  • Putin’s isolation in the West deepens, and his movements overseas could be limited.
  • If he travels to a state that is a party to the ICC, that country must arrest him according to its obligations under international law.
  • It is essential for the international community to dig in for the long term and to send a clear message that they will not sweep these crimes under the carpet and that the perpetrators will be pursued and will one day be brought to justice.

Conclusion:

  • During the first 20 years of operations, the ICC has tried and resolved cases of significance for international justice, shedding light on the crimes committed by the use of child soldiers, the destruction of cultural heritage, sexual violence, or attacks on innocent civilians.

Source: The Hindu

Mains Question:

Q. What are the major differences between the International Court of Justice and the International Criminal Court? (150 Words).