TAG: GS 2: INTERNATIONAL RELATIONS
THE CONTEXT: The International Criminal Court (ICC) has issued arrest warrants for former Russian Defence Minister and current Chief of Staff of the Armed Forces.
EXPLANATION:
- These warrants relate to “alleged international crimes” linked to the ongoing conflict in Ukraine.
- The announcement, made on June 24, 2024, follows a previous ICC warrant for Russian President issued last year for war crimes.
ICC Charges
- The ICC charges Russian Defence Minister and current Chief of Staff of the Armed Forces with “directing attacks at civilian objects” and causing “excessive incidental harm to civilians or damage to civilian objects.”
- The charges stem from actions taken between October 10, 2022, and March 9, 2023, during the Ukraine conflict.
- The ICC claims there are reasonable grounds to believe that both officials bear individual criminal responsibility for these acts, either directly or through subordinates.
- The ICC press release details the accusations, stating that Russian officials are responsible for missile strikes against Ukraine’s electric infrastructure.
- These strikes are considered acts against civilian populations, contributing to the broader strategy of the conflict.
- The ICC asserts that the two officials failed to exercise proper control over their forces, leading to these violations.
Impact of ICC Warrants on Russia
- Following the ICC charges against Russia President, Kremlin spokesman declared any decision by the ICC as “null and void” since Russia is not a member.
- This stance is expected to be the same for the warrants against Defence Minister and current Chief of Staff of the Armed Forces.
- However, these warrants create significant travel risks for the accused, as they could face arrest if they visit any state party to the ICC.
- The arrest warrants, combined with existing Western sanctions, are likely to deepen Russia’s isolation from Western nations.
- The issuance of a warrant against Putin marked the first instance of the ICC targeting a leader from one of the five permanent members of the UN Security Council, highlighting the gravity of the situation.
Ukraine’s Recognition of ICC Jurisdiction
- While Ukraine is not a State Party to the Rome Statute, it has twice accepted the ICC’s jurisdiction over crimes occurring on its territory, under Article 12(3) of the Statute.
- This article allows non-party states to accept ICC jurisdiction by making a declaration to the Registrar and cooperating without delay.
International Criminal Court (ICC):
- It is the only permanent international criminal tribunal.
- It was created by the 1998 Rome Statute of the International Criminal Court (its founding and governing document), and began functioning on 1 July 2002 when the Statute came into force.
- It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression.
- Its Headquarters is in Hague, Netherlands.
- 123 nations are States Parties to the Rome Statute and recognize the ICC’s authority; the notable exceptions being the US, China, Russia, and India.
- The Court is funded by contributions from the States Parties and by voluntary contributions from Governments, international organizations, individuals, corporations, and other entities.
- The Court has eighteen judges, each from a different member country, elected to nonrenewable nine-year terms.
- The Presidency consists of three judges (the President and two Vice-Presidents) elected from among the judges. It represents the Court to the outside world and helps with the organization of the work of the judges.
