The ICC is located in The Hague, Netherlands. ICC: Mongolia’s failure to arrest Putin referred to Assembly of Court International Law
The Pre-Trial Chamber II of the International Criminal Court (ICC) on Thursday found that Mongolia violated the Rome Statute by failing to arrest Russian President Vladimir Vladimirovich Putin while he was on its territory and failing to surrender him to the Court.
Mongolia has thus failed to comply with the ICC’s request for cooperation, contrary to the provisions of the Rome Statute and has prevented the Court from exercising its functions and powers under Article 87, paragraph 7. Given the seriousness of Mongolia’s failure to cooperate with the ICC, the Chamber considered it necessary to refer the matter to the Assembly of States Parties.
The Chamber reaffirmed that personal immunity, including that of heads of state, does not apply before the ICC and that no waiver of immunity is required. States Parties and those that accept the jurisdiction of the Court are obliged to arrest and surrender persons subject to ICC warrants, regardless of their official status or nationality. The Chamber also emphasized that the Court operates independently of state participation in cases of serious international crimes.
In accordance with Article 86 of the Rome Statute, all States Parties are required to cooperate fully with the Court in support of its mandate. The ICC representatives recalled that the Court exercises its functions in the interests of the international community, exercising jurisdiction over the most serious international crimes and gross violations of fundamental rules of international law.
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