What is common to them Russian President Vladimir Putin and Israeli Prime Minister Benjaman Netanyahu? International Criminal Court (ICC) He has issued arrest orders against the two leaders.
In the theory, CBI detention orders They are legally bound in the states that have been approved by the 1998 Business Rome Act. The court is currently calculated With 125 member states, including all EU countries Not members of the United States, China and Russia.
Netanyahu’s Hungary’s journey Earlier this month, the ICC. The Israeli Prime Minister then condemned the CBI decision “against politics.”
Hungarian Prime Minister, Victor OrbonThis month the company has “degraded until it becomes a political instrument”, and His government announced the withdrawal of Hungary A few hours after Netanyahu arrived, April 3.
However, The process is long and up to one year In the end of the issuance of a formal written notification. This means that at the time of visit to Netanyahu Budapest, Hungary was obliged to stop legal To the Israeli Prime Minister under international law.
Are there active state immune leaders under ICC’s arrest orders?
“The court has been over 20 yearsSo we have some examples of the cases issued by the arrests against state leaders, ”said Mahmood AbuSel, vice president of the Hack Institute for International Justice.
“But in all of those examples Seems to be a compatible issue And the use of the law, “he said. CBI judges When they inquired into the case of former Sudan President Omar al-Bashir, they ruled that this was not legal.
Al-Bashir was in power From 1989 to 2019, and arrests against him were issued in 2009 and 2010 for war crimes and crimes against humanity in Darpur. Elizabeth Evenson, Director of the International Justice Scheme of Human Rights Watch Some states have said that al-Bashir cannot be arrested Due to his immunity as an active state manager.
“CBI judges examined him They ruled that despite being the head of state, he did not experience immunity, “he said.
According to lawyers, If a CPI member state considers that there are adequate reasons for it To cancel the arrest warrant, he must consult with the court and do so. “As far as I know, I have not seen any advice on the states or those responsible for how the head of the state cannot be arrested.”
What matches do the CBI have?
The CBI does not have its own police It depends on the cooperation of its members of the 125 countries that signed and approved the Rome Act. “To win the ICC.
For example, When Mongolia received Putin last SeptemberCBI judges ruled that the country Had violated his legal obligations To fulfill the arrest warrant against him.
In March 2023, CBI accuses Putin of war crimes A year after Russia began their large -scale invasion, illegally deporting hundreds of children from Ukraine. At the time, Kremlin named the “null and value” court’s judgment.
But beyond this, The judges may have heard the organization of ICC membersTo take new measures, it is called the assembly of state parties. The legislature of the state parties is the legislative and supervision of the court administration, which is created by representatives of the signing states.
“Can be Suspended Mongolia’s voting rights In the legislature of the state parties, a Mongolian judge suspended the ability to appoint candidates for the court, “even explained. However, in practice, his response is weak by experts.
Advertisement“Until now, this is CPI members element He is really hesitating to take action,
“This fact is to ignore the arrest orders It will take production over the past 15 years, and the court has not used its powers to impose a fine for those responsible for violating an order, ”AbuSel said. “There are powers that allow the ICCIt can order imprisonment, which is a serious action, but it can be fined against individuals. Although it may seem to be somewhat tough, there should be a barrier element for non -compliant countries, ”he said.
A pressure mechanism
Although critics say that it is true CBI detention orders do not obey This makes them useless, arguing that other judges can act as a pressure mechanism. Since the arrest warrant against Putin In March 2023, he did not visit any signature of the ICC except Mongolia last year. Meanwhile, Hungary is the only member of the CBI that Netanyahu has visited Since the order against him in November.
Although the heads of the active state They seem to avoid CBI prevention orders, and they do not expire when they stop in power. At the beginning of March, the Former President Philippines Rodrigo Tourte He was arrested by country officials under the CBI detention order Crimes against humanity The anti -Philipina drug is related to the war.
Advertisement“The Durte case can be considered a kind of opposite model He proves that the CBI detention orders can act, “Evenson said,” Some years ago, some people would have believed it would be fulfilled. Even if he is no longer a radical head of state, those who are in power can continue to be protected by governments. “
