Politico: Mongolia may face prosecution if it fails to arrest Putin

Russian President Vladimir Putin, who faces an International Criminal Court (ICC) arrest warrant, arrived in Mongolia for a state visit on September 2 without incident.

As an ICC member, Mongolia is legally obligated to enforce the court’s warrants. Recently, both the European Union and Ukraine have reminded Mongolia of this duty. However, Russian officials have expressed confidence that there are "no concerns" regarding Putin’s visit, Caliber.Az reports, citing foreign media.

The ICC's warrant, issued in March 2023, accuses Putin of war crimes related to the deportation and transfer of children from occupied Ukrainian territories to Russia. Currently, there are no signs that Mongolia intends to arrest Putin.

Should Mongolia choose not to act, it could face prosecution for failing to uphold its obligations, according to legal expert Tamás Hoffmann from the Institute for Legal Studies. "Mongolia will likely be prosecuted by the ICC for failing to cooperate," Hoffmann stated. “The ICC might choose to refer the matter to the Assembly of States Parties, which could then condemn Mongolia’s breach through a non-compliance procedure.

However, this typically does not result in severe penalties like sanctions,” Hoffmann explained. In 2015, South Africa did not arrest Sudanese President Omar al-Bashir, who was sought for crimes including genocide, during his visit. 

Two years later, the ICC determined that South Africa had not fulfilled its obligations, but it did not refer the case to the UN Security Council for further action. Altantuya Batdorj, Executive Director of Amnesty International Mongolia, stated, “Harboring a fugitive from international justice would not only obstruct justice but also make Mongolia an accomplice in perpetuating impunity for serious international crimes if it offers even temporary refuge to President Putin.”

 Mongolia, which is roughly half the size of Europe but has a population of about 3.4 million, maintains significant trade relationships with Russia, one of its two neighboring countries alongside China.