Legal implications of arrest warrant issued by ICC against Putin
The International Criminal Court, ICC on March 17th, 2023 issued an arrest warrant for Russian President Vladimir Putin, accusing him of war crimes committed, of unlawful deportation of children and transfer of persons from Ukraine to Russia.
The ICC Prosecutor Karim Khan said the warrants were “based upon forensic evidence, scrutiny, and what’s been said by those two individuals”.
According to Barrister Evans Tingom of the Lohtabu Law Chambers, Buea, the ICC warrant means President Putin violated Article 8 sub 2(b) and Article 28 sub (b) of the Roman Statute on war crimes for the ICC which states that “Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities” and “ the superior shall be criminally responsible for crimes within the jurisdiction of the court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates“.
“If Putin had that power over his subordinates to stop them from deporting or transferring the Ukraine population mostly children to Russia, then he is a particeps criminis and as a result had to be charged,” he stated.
Russia’s commissioner for children’s rights, Maria Lvova-Belova, it should be noted, was also issued an arrest warrant by the ICC for the same crimes.
The spokeswoman for the Russian government, Dmitry Peskov however stated that an arrest warrant issued against Russian President Vladimir Putin was outrageous, and meaningless and says Russia does not recognize the jurisdiction of the ICC. “And accordingly, any decisions of this kind are null and void for the Russian Federation from the point of view of the law.”
President Vladimir Putin could be arrested only if he goes to any of the 120 member countries of the ICC.
US President Joe Biden has welcomed the International Criminal Court’s issuing of an arrest warrant against, Vladimir Putin. He noted that the Russian leader had clearly committed war crimes. “I think it’s justified, the US is not signed up to the ICC, but I think it makes a very strong point. Mr. Putin clearly committed war crimes,” BBC reported.
