DISINFO: ICC arrest warrants against Russian officials violate international law
SUMMARY
Arrest warrants against the Secretary of the Russian National Security Council, former Defence Minister, Sergei Shoigu and Chief of Staff, Valery Gerasimov are contradictory with international law. Russia, like the United States, China and India, is not considered a party to the International Criminal Court, therefore, no-one can impose obligations on countries that do not participate in a specific international agreement. Therefore, attempts to enforce the terms of the agreement, to which we are not a party, have no meaning at all. This is part of foreign policy, and it is very aggressive.
RESPONSE
Pro-Kremlin disinformation narrative discrediting the International Criminal Court (ICC) and international law in the context of its investigation into war crimes committed during the military invasion of Ukraine. This claim was a reaction to the ICC's issuance of two arrest warrants against former Russian Defence Minister Sergei Shoigu and Chief of General Staff of the Armed Forces Valery Gerasimov for suspicion of committing war crimes and crimes against humanity during its invasion of Ukraine.
The ICC has jurisdiction to try individuals for genocide, war crimes, crimes against humanity, and aggression if:
- the country where the offence was committed is a party to the Rome Statute or accepted the Court’s jurisdiction on an ad hoc basis with respect to a given situation by lodging a Declaration under article 12(3) of the Statute;
-or the perpetrator’s country of origin is a party to the Rome Statute.
On 16 November 2016, Putin signed a decree formally withdrawing Russia from the agreement on the ICC in the Hague. However, the crimes for which the two arrest warrants were issued were committed on Ukrainian territory. While not a member party, Ukraine accepted the ICC's jurisdiction over alleged crimes under the Rome Statute occurring on its territory, pursuant to article 12(3) of the Statute. The first declaration lodged by the Government of Ukraine accepted ICC jurisdiction with respect to alleged crimes committed on its territory from 21 November 2013 to 22 February 2014. The second declaration extended this time period on an open-ended basis to include crimes committed throughout the territory of Ukraine from 20 February 2014 onwards.
While it is true that the countries mentioned in the claim are not parties to the ICC, the majority of the countries in the world are. 124 countries are State Parties to the Rome Statute of the International Criminal Court, of which 33 are African States, 19 are Asia-Pacific States, 19 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.
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