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Russia withdraws from International Criminal Court over Crimea report

 

Russia’s President Vladimir Putin has signed a decree announcing Russia’s withdrawal from the International Criminal Court (ICC), just a day after the ICC released a prosecutor’s report, in which Russia’s seizure of Crimea was equated to an international conflict between Russia and Ukraine.

 

“The ICC did not live up to our expectations and did not become a truly independent and authoritative organ of international justice,” said the Russian Foreign Ministry in a statement on November 16, 2016, declaring that Russia was withdrawing its signature from the Rome Statute, the foundational document of the ICC.

 

Russia signed the Rome Statute in 2000, but has never ratified it. According to the ICC report, published on November 15, 2016, Russia used its troops to “obtain control over parts of Ukrainian territory without the consent from the Ukrainian government” and the situation in Crimea can be considered an “occupation.” The report also recognized the alleged Russian presence in Ukraine’s Donbass region as part of an international conflict.

 

What exactly is the Rome Statute? The ICC’s Rome Statute is also called the ICC charter. This is a founding document that establishes the rules of criminal proceedings in relation to matters that fall under the ICC’s competence. “The [c]ourt’s jurisdiction is limited to the most serious crimes that concern the entire international community,” says Article 5 of the Rome Statute. The ICC has jurisdiction over genocide, crimes against humanity, war crimes, and crimes of aggression. According to Article 126, the statute enters into force for countries that have signed or ratified it. Therefore, citizens of the countries that have not signed or ratified the Rome Statute do not fall under the jurisdiction of the ICC. Since Russia has refused to ratify the agreement, the withdrawal of its signature means that if a Russian citizen commits an act that the court considers a crime, he or she will no longer be tried according to the ICC charter and rules.

 

Although 124 states are currently parties to the Rome Statute, political analysts – such as the editor-in-chief of the Russia in Global Politics magazine Fyodor Lukyanov – point out that Russia’s position in relation to the ICC’s Rome Statute is not unique. “The U.S. also signed but has not ratified the Rome Statute [just like Russia until recently]. Basically, they will not allow their citizens to be tried by anyone except American courts,” said Mr. Lukyanov, explaining that Russia adheres to a similar position. Mr. Lukyanov added that Moscow previously participated in the ICC’s activities only formally, so there should not be any serious changes due to the country’s withdrawal from the court. “Russia was never an ardent advocate of transatlantic justice. Its rather reluctant following of the trend to create a universal international court was conditioned on other countries’ supporting it in the past,” he said. According to Mr. Lukyanov, the declaration on Crimea “served as a certain impetus” for Russia’s formal refusal to participate in the ICC. The Russian government does not agree that the activity of Russian citizens in relation to Russia’s takeover of Crimea should fall under ICC jurisdiction. At the same time, Mr. Lukyanov emphasizes that Russia’s skeptical view of the ICC has been felt in its policy for a long time and that the Russian government’s recent announcement is only a formal gesture.

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