The Stall of Justice: Why has Putin escaped accountability for Ukraine?

Background

On 24th February 2022 Putin took a major step which greatly escalated the ongoing Russo-Ukrainian conflict – he invaded Ukraine. Since its occurrence, this event has been world news and has taken the media by storm. Yet, for many readers the question may linger, why has Putin not been stopped in his tracks? Surely his actions violate international laws, and he is to be held accountable for this?  Whilst he has indeed violated numerous international laws, the issue resides in the ramifications of attempting to subdue Putin and what this could mean for the rest of the world.

Putin’s actions and International Law

Article 2.4 of the UN Charter stipulates that all members must refrain in their international relations from threatening or using force against another state’s political independence or territorial integrity. [1] Whilst exceptions exist in the form of self-defence or authorisation by the UN Security Council, Russia’s actions do not apply here and are therefore unlawful under such actions. Moreover, irrespective of a UN member country’s domestic law, the UN charter has primacy and thus Russia has no legally justifiable excuse whatsoever for their invasion of Ukraine. [2]

This therefore beckons the question as to what repercussions Russia must face as a result. Russia cannot be punished for crimes against humanity, as the appropriate legislation is yet to become part of a binding treaty. [3] Yet, the crimes of genocide and torture are binding on UN member states (therefore including Russia), it is to the court’s discretion as to whether these crimes have been committed. [4]

However, it is nearing 3 years since Russia invaded Ukraine – why has no action been taken against Putin? The ICC (International Criminal Court) issued an arrest warrant for President Putin and Russia’s Commissioner for Children’s Rights, Maria Lvova-Belova. The ICC has jurisdiction over war crimes, genocide, aggression, and other crimes against humanity. [5] However, Russia is not a signatory to the ICC and thus unless Putin travels to a country which is, he cannot be imprisoned unless he is extradited, a highly unlikely outcome.

Is this position likely to change?

Ultimately, as aforementioned, Putin is only susceptible to arrest if he chooses to leave Russia and enter a country which is a signatory to the ICC. Putin is unlikely to do this and therefore the cracks in the international legal framework begin to show – countries are only able to be punished under international law for such crimes if they agree to be held accountable by the ICC. Today, there are 124 countries which are members of the ICC, demonstrating the large number of countries that are still not. Yet, as long as an individual is in an ICC country, they are susceptible to arrest on the appropriate basis.

Interestingly, it must be noted that there are other barriers to Putin’s arrest. Putin visited Mongolia in September of this year, and despite Mongolia being a party to the ICC, Putin was not arrested. This is presumably due to Mongolia’s reliance on Russia for resources such as gas or electricity, with Putin’s arrest disrupting this supply and potentially creating greater democratic issues for Mongolia as it is situated between China and Russia. Moreover, no sanctions will be imposed on Mongolia other than the issuing of a finding of non-compliance by the ICC which has no legal ramifications.

Conclusion

Frighteningly, an insight into the ICC and international law demonstrates that now, very little can be done on a legal level to prevent the ongoing conflict between Russia and Ukraine, unless Putin leaves the country, he cannot be held accountable for the crimes that he has committed. We can only wait to see as the conflict progresses if Putin chooses to travel to another country and is arrested.

Bibliography

[1] Article 2.4 UN Charter.

[2] Article 103 Charter of United Nations.

[3] Draft on Prevention and Punishment of Crimes Against Humanity 2019.

[4] Universal Declaration of Human Rights.

[5] Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3.