President Vladimir Putin’s recent two-day State visit to Mongolia was not just a significant event for bilateral relations between Russia and Mongolia, but also captured international attention. Mongolia is one of the countries that has ratified the Rome Statute of the International Criminal Court (ICC), which issued an arrest warrant for the Russian President over a year ago. Since then, Putin has not visited any countries that have obligations to the ICC.
Some Western European politicians and so-called ‘diplomats’ earnestly hoped that Ulaanbaatar would comply with the ICC’s directive, but that did not happen. Mongolia reaffirmed its sovereignty and prioritised it over the decisions of international institutions. Unsurprisingly, the EU criticised Mongolia and even threatened it with sanctions.
Kiev also expressed outrage, condemning Ulaanbaatar’s actions as a “blow to all.”
Mongolia was threatened with consequences but remained unmoved. Notably, all major Legal experts have acknowledged that the ICC cannot penalise Mongolia or influence it in any way. While the Assembly of States Parties may condemn Mongolia’s decision not to adhere to its obligations before the ICC, there are no serious consequences, such as sanctions, for non-compliant States.
Moreover, it would be unimaginable to think that Mongolia can be expelled from the ICC. The US also remains silent on this topic, since Washington, just like Moscow, does not recognise the ICC’s rulings and does not have the appropriate jurisdiction over it.
Mongolia serves as a model for other nations that could be pressured by the ICC. By its behavior, Ulaanbaatar clearly demonstrates that it respects national interests and sovereignty above all.
Despite its big name, the ICC has extremely limited powers and, in fact, has no real leverage over countries that recognise its legitimacy. This body is not part of the UN system and, in fact, is outside the scope of International Law. According to the Rome Statute, the ICC performs exclusively judicial functions, it has no Rights and Competencies to exert pressure on the signatories.
Throughout its existence, the ICC has not managed to fit into the international system of maintaining peace and security. On the contrary, the Court has repeatedly become a factor complicating the settlement of interstate and domestic contradictions. In its practice, contradictory decisions took place, and abuse of the practice of dissenting opinions of judges was noted, sometimes replacing the official motivation of decisions. RT
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