Today, 24 October 2024, Pre-Trial Chamber II of the International Criminal Court ("ICC" or "the Court") found that, by failing to arrest Mr Putin while he was on its territory and surrender him to the Court, Mongolia has failed to comply with the Court's request to cooperate in this regard contrary to the provisions of the Rome Statute ("Statute"), thereby preventing the Court from exercising its functions and powers within the meaning of article 87(7) of the Statute. In view of the seriousness of Mongolia's failure to cooperate with the Court, the Chamber deemed it necessary to refer the matter to the Assembly of States Parties.
The Chamber reaffirmed that personal immunity, including that of Heads of State, is not opposable before the ICC, and no waiver is required. States Parties and those accepting the Court's jurisdiction are duty-bound to arrest and surrender individuals subject to ICC warrants, regardless of official position or nationality. The Chamber highlighted that the ICC operates independently of State involvement, addressing serious international crimes. Under Article 86 of the Rome Statute, all States Parties must fully cooperate with the Court to support its mandate. The Chamber further recalled that the Court performs functions that align with the general interests of the international community by exercising jurisdiction over the most serious international crimes, which include grave breaches of fundamental norms of international law.
