Putin's "Special Operation" in Mongolia: Why the President of the Russian Federation is not afraid of arrest by an international court
His visit to Mongolia proves that global agreements may not be valid if the international criminal has political and economic influence. Late September 2, Kyiv Time, Russian President Vladimir Putin landed at the Genghis Khan International Airport. The host side covered the ladder with a red carpet. The Minister of Foreign Affairs of Mongolia Batmunchin Batziceg, not law enforcement with shackles, met at the Putin's flyer of the Russian Federation.
The official goal of the visit is to celebrate the 85th anniversary of the victory of the Soviet and Mongol troops over the Japanese forces on the Khalkhin-Gol River. Putin should also sign economic cooperation agreements in energy. However, in fact, the Russian president, who is called a military criminal, wants to demonstrate that international arrangements can be violated. He will try to discredit the international tribunal, international jurisdiction and create a precedent.
"We have a wonderful relationship with our Mongolia partners. And of course, all aspects of the presidential visit have been carefully prepared," the Russian Presidential President Dmitry Peskov said on the eve of his visit. He emphasized: Mongolia gave Putin guarantees of security and freedom. These guarantees may not be in words, but on paper, but non -public. The ISS may obviously be known about them.
No wonder the spokesman of the International Criminal Court Fad-Abdalla in a comment to the BBC noted that Mongolia, in fact, may not arrest the Russian leader. The fact is that the Roman Statute has the obligation of all countries to cooperate, but there are exceptions. First, in the case of international agreements, including bilateral agreements, which cannot be violated. Secondly, when it comes to "diplomatic immunity of a third-country person or property.
" "But it is not known at present, whether there is such a contract that allows you to bypass the provisions of the Roman Statute," the focus notes in the commentary of the manager of communications and advocacy, the lawyer of the Ukrainian legal advisory group of Arier Mora. - Mongolia did not declare it, we do not see transparent communication between the country But the ISS (except for the Air Force comment-ed.
) As for the second reason - immunities, the court said earlier that in the case of military crimes, crimes against humanity they do not matter, they can be overcome. Mongolia ratified the Roman Statute and became the court of the court in 2002. This step has taken the Official Ulan Bator to cooperate with the ISS. However, as practice shows, there are economic and political features. Officially, Mongolia is considered a democratic country.
But its opposition is practically not affected by state policy. Mongolia President Uchnaagiyn Khurelsukh - a representative of the Mongol People's Party, the heirs of the political force, who ruled the country when she cooperated closely with the Soviet Union. Now it has close connections with the Russian Federation. In addition, Mongolia is economically dependent on Moscow.
According to The Diplomat, the leading publication on the Policy of the Asia-Pacific region, Russia is a source of 95% of oil products imported by Mongolia and which make up more than a third of its entire import.
Experts also note that Mongolia, which geographically has only two neighbors - Russia and China, in the case of Putin's arrest, would have problems with its delivery to the Hague, hardly the aircraft with an international criminal would be allowed to cross the airspace of these two countries. In violation of the agreement, the country actually refuses to cooperate. Sanctions must be imposed for this.
"It can be either literally sanctions from participating countries or some political demarches," Arye Mora continues. "They happen at the discretion of these states. What will happen, it is difficult. But it should be a serious reaction, because except the states themselves, No one can do this system of international criminal justice. And this is not the first time that the State Party of the Roman Statute does not detain a military criminal, but not sufficient punishment.
At one time, Jordan failed to fulfill his cooperation for the arrest and transfer of President Sudan Omar Al-Bashir when he visited the League of Arab States summit in March 2017. The ISS issued an alder arrest in 2009. He was wanted on suspicion of war crimes and the organization of genocide in the Sudan province of Darfur. According to the UN, more than 300,000 people have been killed there since 2003.
Amman refused to arrest al-Bashir and extradite him, referring to the immunity of the head of state. Before that, Omar Bashir also left steam and despite the current ICS warrant. Later, the ISS said that the inviolability of the current head of state is not a protection against criminal liability. Therefore, experts say that sanctions against Mongolia can be much serious and noticeable than world condemnation.
A lawyer of the Regional Human Rights Center Kateryna Rashevskaya says that the countries of participants have enough levers of influence on Mongolia. "Since 2017, a partnership and cooperation agreement has been in force between Mongolia and the EU, and since 2022, the share of EU countries among foreign direct investment in the country is 70%. The EC will finance a number of Mongolia strategic budget programs, in particular, to overcome unemployment.
abuse of other "pro -Russian neutral" parties to the Roman Statute, "she notes. Mongolia's solution carries both short -term and long -term risks. Short -term is first and foremost disclosure of secret information. "Pursuant to Article 89 of the ICS Roman Statute must transfer to Mongolia a request for arrest and Putin's transfer.
A copy of the warrant for arrest is added to such Despite the denial of the jurisdiction of the court, they are preparing for potential proceedings, " - explains Rashevskaya. And also a violation of the Ulan Bainer agreements may open Vladimir Putin's door to other countries. After the start of a full -scale invasion, the Russian President did not ride abroad often, but all the countries where he has been arrested since the arrest warrant was issued.
But now he is going to Brazil, which is a participant in the Roman Statute-in November 2024 the G20 summit is to take place in Rio de Janeiro. Russia can be represented either at the level of the Minister of Foreign Affairs or at the President. And last year, Brazil's President Luis Inasio Lula Da Silva suggested that Putin would not be arrested for the Order of the International Criminal Court if he came to a meeting.
Although he later said that this issue is not in the sphere of influence of the government or parliament, but the Brazilian justice system, the probable course of events is not understood. The South African Republic, another signatory of the Rome Statute, has already encountered a similar dilema. In 2023, she still decided not to "invite" Putin to the summit of Brics.
According to the Explore of the South African Republic of Tabo Mbeki: "We cannot tell President Putin:" Please come to South Africa "and then delay it. At the same time, we cannot say that he could come and not detain because The law, and we cannot behave as a government that does not honor the right. " President of the country Ramafos Syril said that the decision of the Russian leader to participate in the Brix summit was remotely "mutual".
"The fact that Putin did not visit South Africa - the result of serous diplomatic work, in particular, civil society, it was on the verge, on a subtle crisis," says Arie. "Of course, it would be better for Putin to come and arrested there, and he was arrested there, and he was arrested there, and he was arrested there. Putin did not come at all. Among the long -term risks are the fall of the authoritative system of international law. In particular, in Ukraine.
Immediately after Putin's arrival in Mongolia, some Ukrainian experts doubted the need for ratification of the Roman Statute. "The ISS does not pose any threat to dictatorial regimes and their satellites. They openly demonstrate their impunity and at the same time destroys the whole system of international law based on the rule of law. What is worth the document that is ignored, why do we ratify it?" The Mongolia was stated by political scientist Victor Taran.
The Arie Sea says that it is the countries of the world that ensure the stability of international justice. "We need the ISS in the part where he can hold Putin, Shoigu, Lviv-Belov, that is, those who cannot punish Ukraine," he explains. "If we do not ratify the Roman Statute, we do not make ourselves anymore, so that There are no such cases with Mongolia.
The ISS is investigating, and so looks for international criminals, but the voice of Ukraine is almost not taken into account, because Ukraine has not ratified the Roman Statute and cannot sit at one table with its participants. " In his opinion, the main question that can be asked for skeptics, why is an alternative to give up the Roman Statute better than an opportunity to join? "Ratification still gives us advantages, and low-does not give, but also leaves under the fence.