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International Criminal Court arrest warrants for Vladimir Putin and Maria Lvova-Belova

On 17 March 2023, following an investigation of war crimes, crimes against humanity and genocide, the International Criminal Court (ICC) issued arrest warrants for Vladimir Putin, the president of Russia, and Maria Lvova-Belova, Russian commissioner for children's rights, alleging responsibility for the war crime of unlawful deportation and transfer of children during the Russo-Ukrainian War.[1] The warrant against Putin is the first against the leader of a permanent member of the United Nations Security Council.[2]

The 124 member states of the ICC are obliged to detain and transfer Putin and Lvova-Belova if either sets foot on their territory.[3]

According to Article 50 of the , occupants have no right to change the civil status of children;[9]

1949 Geneva Convention on the Protection of Civilian Persons in Time of War

Russia also violated Article 7 of the , which guarantees the right of children to a name and the acquisition of citizenship;[25]

UN Convention on the Rights of the Child

Article II of the states that "forcibly transferring children from one national, ethnic, racial or religious group to another" is an act of genocide;[26]

1948 Convention on the Prevention and Punishment of the Crime of Genocide

Russia ratified the , according to which "no one shall be expelled, either individually or collectively, from the territory of the State of which he is a citizen".[27]

Convention for the Protection of Human Rights and Fundamental Freedoms

From the point of view of international law, including the following treaties to which Russia is a party, the forcible deportation of minors is considered a crime against humanity:[23][24]


The United Nations commission of inquiry characterized the deportation of Ukrainian children by Russian forces as a war crime.[28] Several countries officially recognized the ongoing events in Ukraine as a genocide perpetrated by Russian forces. The list of countries includes Ukraine,[29] Poland,[30] Estonia,[31] Latvia,[32] Canada,[33] Lithuania,[34] the Czech Republic,[35] and Ireland.[36]

Analysis

The New York Times stated that "the likelihood of a trial while Mr. Putin remains in power [appeared] slim" due to Russia's refusal to surrender their own officials and the court not trying defendants in absentia.[57] Former US ambassador Stephen Rapp said the warrant "makes Putin a pariah. If he travels, he risks arrest. This never goes away."[58] According to Utrecht University professor Iva Vukusic, Putin "is not going to be able to travel pretty much anywhere else beyond the countries that are either clearly allies or at least somewhat aligned (with) Russia".[3]


In the view of Sky News analyst Sean Bell, the arrest warrant could complicate peace negotiations aimed at ending the Russo-Ukrainian War.[59] Al Jazeera journalist Ahmed Twaij argued that like Putin, former U.S. President George W. Bush should be held accountable before the ICC for war crimes due to his role in the Iraq War.[60] British journalist George Monbiot wrote in a Guardian op-ed that the ICC targeting Putin was an example of the organization's bias in favor of prosecuting crimes by non-Westerners, writing that "Africans accused of such crimes do not enjoy the political protections afforded to the western leaders who perpetrate even greater atrocities."[61]