The International Criminal Court Officially Charges Vladimir Putin with War Crimes
Putin faces charges from the International Criminal Court Source for photo: atlanticcouncil.org
Amidst the ongoing Russia-Ukraine war, the International Criminal Court issued a warrant on March 17th, 2023 for the arrest of Russia’s President, Vladimir Putin, and children’s rights commissioner, Maria Alekseyevna Lvova-Belova, for war crimes. Specifically, the two Russian officials are charged with the unlawful deportation of children from occupied areas of Ukraine to the Russian Federation since February 24th, 2022.
The International Criminal Court (ICC) prosecutes those “charged with the gravest crimes of concern to the international community,” such as war crimes, genocide, and crimes against humanity, in The Hague, Nethelands. The ICC alleges that, under the direction of Vladimir Putin and Alekseyevna Lvova-Belova, “at least hundreds'' of Ukrainian children from orphanages and care homes were deported to Russia, where they were subsequently given expedited access to citizenship, enabling Russian families to adopt them. Putin is deporting the children in an attempt to validate his claim that Russia is invading Ukraine to free the “suffering Russians.” Through his claim that he is helping the “Russian” people of Ukraine, and in relocating children, Putin is trying to bridge this gap between Ukrainian and Russian identities that have been a strong part of the war’s opposition.
While the ICC Chamber originally considered keeping the warrant a secret to protect the privacy of families involved, the body ultimately decided that the publicity of such a warrant could “contribute to the prevention of the further commission of crimes.”
The ICC's effectiveness is mostly concentrated in international signaling potential, so while Putin is not subject to the court’s jurisdiction, the real power of the warrant lies in its indiciation to Russian officials that they, too, can be tried for war crimes in the future. By publically issuing a warrant for Putin’s arrest, officials acting in similar capacities under the Kremlin may be dissuaded from committing war crimes that could result in their arrest, if the regime were to change. While it may seem unlikely now that a future Kremlin leader would extradite Putin to the jurisdiction of the International Criminal Tribunal, a closer look at Yugoslavia in 2001 shows that a similar phenomenon could become Putin’s fate.
In 1999, the ICC charged Yugoslav president Slobodan Milošević with war crimes during the Kosovo war; however, Milošević ignored these warrants as he was outside the jurisdiction of the ICC, similar to Putin’s current situation. In 2001, a new prime minister, Zoran Djindjić, made the decision to detain and extradite former president Milošević in exchange for continued US economic and World Bank aid. In 2002, Milošević was tried for 66 counts of genocide and crimes against humanity for his actions in the Kosovo war. Although Russia may not recognize the legitimacy of the ICC today, and Putin may renounce the warrant as “null and void,” Putin could be tried for these alleged crimes in the future.
The international community debates the possible detrimental consequences of this conjunction, including an escalation of conflict in Ukraine and dwindling prospects of peaceful negotiation with Russia. Regardless of specific political consequences, the ICC has made the right decision in charging Putin, as the warrant is a historical first step towards justice in international politics and sets the precedent that other Russian officials will be held responsible for their actions as this war progresses. By using international accountability, rather than increasing sanctions or weaponry, the ICC has added important tools to the global arena - negotiation and diplomacy. While the chances of Russia regime change remain quite low, increasing economic pressure and military dysfunction could jeopardize Putin’s stability. During war, future accountability can be much more intimidating to global actors than increased levels of violence, and subsequently may force Putin to consider diplomatic avenues of dispute settlement. If Putin wants to be part of the future architecture of European security, which arguably is the primary reason for his invasion of Ukraine in the first place, he will have to use diplomacy in order to avoid his only current option - The Hague.