Good Morning.
So, it's over. A wanted war criminal has been welcomed and hosted by a country that by rights, should have arrested him.
On 17 March 2023, following an investigation of war crimes, crimes against humanity and genocide, the International Criminal Court (ICC) issued arrest warrants for Vladimir Putin, the president of Russia, and Maria Lvova-Belova, Russian commissioner for children's rights, alleging responsibility for the war crime of unlawful deportation and transfer of children during the Russo-Ukrainian War. The warrant against Putin is the first against the leader of a permanent member of the United Nations Security Council.
As of June 2024, the ICC has also issued arrest warrants for Viktor Sokolov, Sergey Kobylash, Sergei Shoigu and Valery Gerasimov, all of whom are officers in the Russian military accused of directing attacks at civilian objects and the crime against humanity of "inhumane acts" under the Rome Statute.
The 125 member states of the ICC are obliged to detain and transfer any of the indicted individuals if any of them set foot on their territory.
Why didn't we?
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
Of the 139 states that had signed the Rome Statute, 29 have not ratified. Of these, 4 have formally indicated that they no longer plan to ratify the treaty.
The list should tell you something.
According to the Vienna Convention on the Law of Treaties, a state that has signed but not ratified a treaty is obliged to refrain from "acts which would defeat the object and purpose" of the treaty. However, these obligations do not continue if the state has "made its intention clear not to become a party to the treaty". Four signatory states (Israel, the Russian Federation, Sudan, and the United States) have informed the UN Secretary General that they no longer intend to become parties to the Rome Statute, and as such have no legal obligations arising from their signature.
I cannot speak for all, but my forebears once fought the "Rome-Berlin Axis". Looking at the list above, you can easily see a new axis forming through Washington and Moscow.