EUROPE POLITICS: Mongolia’s Dilemma with Putin's Visit—A Breach of International Obligations?

In this pool photograph distributed by the Russian state agency Sputnik, Russia’s President Vladimir Putin and Mongolia’s President Ukhnaagiin Khurelsukh walk past a guard of honor during an official welcoming ceremony in Ulaanbaatar on September 3, 2024. 

EUROPE POLITICS: Mongolia’s Dilemma with Putin's Visit—A Breach of International Obligations?

                    Mongolia recently found itself at the centre of a geopolitical storm due to its failure to arrest Russian President Vladimir Putin during his visit. As a member of the International Criminal Court (ICC), Mongolia was obligated to detain Putin, who has an international arrest warrant issued against him. The ICC's warrant stems from allegations of war crimes, particularly regarding the illegal deportation of children from Ukraine to Russia. However, Mongolia’s decision to host Putin with open arms instead of arresting him has sparked significant controversy and potential legal repercussions.

The Significance of Putin’s Visit to Mongolia

There’s nothing particularly remarkable about Putin’s visit to Mongolia on Tuesday, 3rd September 2024. The visit was scheduled for the Russian President to meet Mongolia’s leader, engage in bilateral talks, and attend a gala reception. However, the backdrop of the visit is highly controversial due to Mongolia’s obligations under the ICC, which should have resulted in Putin’s arrest as soon as he set foot on Mongolian soil. Instead, Mongolia welcomed him with honours, creating a diplomatic and legal predicament.

In this pool photograph distributed by the Russian state agency Sputnik, Russia’s President Vladimir Putin and Mongolia’s President Ukhnaagiin Khurelsukh walk past honour guards during an official welcoming ceremony in Ulaanbaatar on September 3, 2024.

Mongolia’s ICC Obligations: A Breach of International Law

Mongolia’s defiance of its obligations to the ICC is significant. Under the Rome Statute, the treaty that established the ICC, member states are required to detain and surrender individuals subject to an ICC arrest warrant. Putin’s arrest warrant, issued in March 2023, is still active. Mongolia’s decision not to arrest Putin during his visit could have serious legal consequences. The ICC has no enforcement power, relying on member states to fulfil their obligations, making Mongolia’s defiance a troubling precedent.

Legal Consequences for Mongolia

Mongolia’s actions have drawn criticism from various quarters, including the ICC itself. Fadi el-Abdallah, an ICC spokesperson, highlighted Mongolia’s legal obligation to comply with the arrest warrant. Failure to do so could result in ICC judges issuing a finding of non-cooperation, which would then be addressed by the Assembly of States Parties, the ICC’s governing body. The consequences for Mongolia could be severe, ranging from diplomatic repercussions to possible legal action from the ICC.

International legal experts have warned that Mongolia’s non-compliance could lead to prosecution. Mark Ellis, Executive Director of the International Bar Association, stressed that Mongolia’s membership in the ICC obligates it to respect the rule of law. By allowing Putin to visit without arresting him, Mongolia risks its standing within the international community and may face significant legal challenges.

Russia’s Calculated Defiance

Russia, on the other hand, appeared unfazed by the potential legal implications of Putin’s visit. The Kremlin was confident that Mongolia would not arrest Putin, despite the ICC warrant. Kremlin spokesperson Dmitry Peskov expressed no concerns, stating that Russia had a strong relationship with Mongolia. The visit was part of Russia’s broader strategy to undermine the ICC and challenge the international legal order.
Russian President Vladimir Putin enters the hall during his meeting with minister at Novo-Ogaryovo State Residence on August 7, 2024, in Moscow, Russia. This week Putin called for Iran to limit damage in any relations against Israel. 

For Putin, the visit served multiple purposes. It allowed him to demonstrate defiance against the ICC and international law while also strengthening ties with Mongolia. The visit was also a strategic move to maintain Putin’s image as a strong leader, both domestically and internationally. By visiting a country like Mongolia, which is economically dependent on Russia and China, Putin could safely assert his position without fear of arrest.

Mongolia’s Strategic Dilemma

Mongolia’s decision to welcome Putin without arresting him is rooted in its precarious geopolitical position. Sandwiched between two powerful neighbours, Russia and China, Mongolia has limited room to manoeuvre. Its decision to host Putin, despite the ICC warrant, reflects the delicate balance it must maintain in its foreign relations. However, this move could have long-term consequences, both legally and diplomatically.

Mongolia’s failure to comply with the ICC’s arrest warrant has already drawn criticism from international legal bodies and human rights organisations. Amnesty International and Human Rights Watch were among the groups calling for Mongolia to arrest Putin. Amnesty International Mongolia’s Executive Director, Altantuya Batdorj, emphasised Mongolia’s clear international legal obligations and criticised the country for allowing Putin to evade justice.

European and Ukrainian Responses

The international community, particularly Europe and Ukraine, has reacted strongly to Mongolia’s decision. Ukraine’s Foreign Ministry condemned Mongolia’s actions, accusing the country of aiding an accused war criminal in evading justice. The European Commission also urged Mongolia to meet its ICC obligations, highlighting the legal responsibilities that come with being a signatory to the Rome Statute.

Nabila Massrali, a spokeswoman for the European Commission, reiterated the EU’s position that Mongolia, as an ICC member, must uphold its legal commitments. The European Commission’s concerns reflect the broader unease in Europe regarding the erosion of international legal norms and the potential implications for global justice.
The Broader Implications for International Justice

A pickup truck with Ukrainian soldiers in the back moves towards the border with Russia on August 16, 2024 in Sumy Oblast, Ukraine. The fighting in the Kursk Oblast began on August 6, 2024, when the Armed Forces of Ukraine crossed the Russian-Ukrainian border near the city of Sudzha and began to advance deep into Russian territory, and in a few days took control of dozens of settlements in Kursk region. 

Mongolia’s decision not to arrest Putin raises significant questions about the future of international justice. The ICC relies on the cooperation of its member states to enforce its rulings, and Mongolia’s defiance could encourage other countries to disregard their obligations. If countries continue to ignore ICC warrants, the effectiveness of the court could be severely undermined.

For Ukraine, the failure to hold Putin accountable for alleged war crimes is a blow to its hopes for justice. The ongoing conflict between Ukraine and Russia has already led to significant loss of life and displacement. The ICC’s role in prosecuting those responsible for war crimes is crucial for achieving a just peace. However, Mongolia’s actions have cast doubt on the ability of the international community to enforce accountability.

Mongolia at a Crossroads

Mongolia now finds itself in a difficult position. By welcoming Putin without arresting him, the country has defied its obligations under international law, potentially facing serious legal consequences. The visit has also strained Mongolia’s relations with Europe and Ukraine, highlighting the challenges that small nations face in navigating complex geopolitical landscapes.

Mongolia must now decide whether it will uphold its commitments to the ICC and the rule of law or continue to prioritise its strategic relationships with powerful neighbours like Russia. The decision will have far-reaching implications, not just for Mongolia, but for the future of international justice and the credibility of the ICC.