The International Criminal Court (ICC) has delivered a unanimous ruling against Mongolia for its refusal to comply with a request to arrest and surrender Russian President Vladimir Putin. The ruling has been referred to the Assembly of State Parties (ASP), the administrative body overseeing the ICC. The decision comes after Pre-trial Chamber II found that Mongolia did not adhere to a cooperation request, instead arguing that its actions were consistent with the Rome Statute due to diplomatic immunity provisions.
Mongolia contended that as a sitting Head of State, Putin is entitled to full diplomatic immunity unless Russia chooses to waive it. The Mongolian government maintained that arresting Putin without such a waiver would breach international law. Despite this argument, the ICC chamber cited Article 27 of the Rome Statute, which nullifies potential immunities in situations involving the court. The chamber reinforced that Mongolia was obligated to comply with the ICC’s request, even if it might conflict with traditional principles of interstate diplomatic immunities. Their stance was that adhering to such immunities would hinder the prosecution of severe international crimes, undermining the statute’s principle of eliminating impunity for those threatening global security.
In addition to the legal rationale, the ruling colligated Mongolia’s actions as a violation of its obligations under the Rome Statute, particularly with respect to Putin’s personal immunity. Consequently, the Pre-trial Chamber referred this non-compliance to the ASP under Article 87 of the statute and Regulation 109(4). This referral could result in the ASP convening an emergency Bureau meeting to determine a course of action, given its responsibility for representing State Parties’ interests as outlined in Article 112 of the statute.
The situation escalated following an invitation extended by Mongolia to Putin in August, inviting him to partake in ceremonies marking the 85th anniversary of a joint Soviet-Mongolian military victory. In response, the ICC issued a renewed cooperation request related to its March 2023 arrest warrant for Putin. Further details can be found in the initial report.