Heads of state have exclusive powers even in the context of international law, so if Russian President Vladimir Putin visits one of the countries that falls under the jurisdiction of the International Criminal Court (ICC) in The Hague, he it is unlikely that he will be arrested. Such a review in the RTVI program “What was it?!” Express Associate Professor at the European Law Department of MGIMO Nikolai Topornin.
According to the expert, the current situation is not easy from a legal point of view: for example, heads of state and government have “special immunity under international law, even within the United Nations », therefore, on the basis of « certain instructions even by national authorities ». authorities, it is impossible to detain them.
“This is a special case, a special case. I can assume, and most likely it will happen, if Vladimir Putin ever decides to visit Germany, France, Austria, then following certain prior agreements to the visit between the administrations and the competent authorities, we can come to a common denominator. And in accordance with these decisions, no one will arrest or even try to arrest the Russian president, “said Topornin.
Despite the decision of the criminal court in The Hague, Omar al-Bashir, who reigned in Sudan from 1989 to 2019, was not arrested, who, according to the expert, made at least “five trips to African countries , and no one in any of its detained countries”, while they were all members of the ICC.
At the same time, in the case of Russian Commissioner for Children’s Rights Maria Lvova-Belova, against whom the ICC has also issued an arrest warrant, the situation could be radically different, Topornin believes. “Ordinary people are subject to the decisions of the criminal court. I believe that justice and law enforcement will work here in accordance with the orders of the ICC,” he suggested, while emphasizing that everyone retains the right to appeal the decision of the court in The Hague and to try to prove that it was returned illegally.
The official representative of the Russian Foreign Ministry Maria Zakharova on March 23, answering a question from RTVI, declared that no action or decision of the ICC “can affect the nature of the participation of Russian delegations in the work of the UN and membership in its organs”. According to her, this judicial body “has long been discredited, it executes the political orders of the sponsors” and “has nothing to do with justice”.
On March 17, the ICC issued an arrest warrant for Vladimir Putin and Maria Lvova-Belova, suspected of “illegal deportation” of children from Ukraine. The Kremlin has said Russia does not recognize the jurisdiction of the ICC and considers its decision “void”. The authorities of some countries that recognize the Rome Statute have announced that they will arrest Putin if he arrives: for example, the German Minister of Justice, Marco Buschmann, has spoken of this, as well as such a possibility allowed Brazilian Foreign Minister Mauro Vieiraarest. In turn, the Constitutional Court of Armenia declared which recognizes the obligations arising from the Rome Statute. And in Hungary, which also falls under the jurisdiction of the ICC, he said he would not arrest Putin if he entered the country. Putin’s arrest is also unlikely in the event of a visit to the Republic of South Africa, where the BRIG summit is scheduled for August 2023. This was reported by Bloomberg, citing sources.
