Russia's ICC Withdrawal Called Bad Sign for Justice
Daniel Schearf November 16, 2016
International human rights groups have condemned the decree signed by Russian President Vladimir Putin withdrawing Russia from the International Criminal Court, calling it a cynical move and a bad omen for justice.
The Rome Statute created the court in 1998. Putin signed the treaty in 2000, but Russia never ratified it.
Tanya Lokshina, the Moscow-based Russia Program Director for Human Rights Watch, said in an emailed comment that the withdrawal from the ICC is symbolically important – a sign of the dramatic unraveling of Russia's cooperation with international justice and international institutions.
"By signing the Rome Statute years ago, Russia demonstrated its goodwill to consider ratification and work toward it," she said. "Now the Kremlin says loud and clear, we don't like what [the] ICC is doing and we reject international justice. It says much more about Russia's retreat from international justice and institutions, and the harm it will do to the human rights of its own citizens."
Putin's announcement came a day after an ICC report called Russia's annexation of Ukraine's Crimea an "occupation," a designation backed by the United Nations General Assembly's human rights committee.
Amnesty International in Russia called Putin's declaration a huge blow to international justice.
"Russia never showed intent to ratify the Rome Statute, so this statement only looks as evidence of contempt for the purposes of the ICC – to end impunity for genocide, war crimes and crimes against humanity – which is an insult to all the victims of these heinous crimes," said Sergei Nikitin, the head of Amnesty International in Russia, in an emailed press statement.
Russia's view
The Kremlin called the ICC judgment on Crimea "absolutely contradicting reality," according to Russia's Interfax news agency.
The ICC investigations concerning Russia have been politicized, said First Deputy Chairman of Russia's Federation Council Committee on Defense and Security, Frants Klintsevich.
"The resolution signed by [President] Vladimir Putin on Russia's refusal to remain a member of the Rome Statute did not come out of the blue," he was quoted as saying by TASS news agency. "Almost all investigations by the ICC concerning Russia have been politicized, if not biased."
For its part, Russia's Foreign Ministry said the ICC failed to meet expectations and become a genuinely independent, authoritative body of international justice.
Rights groups have condemned Russia's repeated blocking of U.N. Security Council efforts to investigate the Syrian conflict through the ICC for possible war crimes committed by Syrian and Russian forces.
"Russia's statements that the ICC was unable to meet the expectations of the international community is absolutely cynical, given that it was due to a veto threat by Russia in the U.N. Security Council that has repeatedly blocked proposals to transfer particular situations, including Syria, to the ICC prosecutor," said Amnesty's Nikitin. "This court is far from perfect, but these statements are nothing more than a hypocritical attempt by Russia to withdraw from responsibility for some of their own failures."
ICC reaction
ICC spokesman Fadi El Abdallah told VOA "it is the sovereign right of each state to decide whether to remain or to withdraw from the ICC Rome Statute. What is important for the ICC is to continue fulfilling its own mandate in the best possible way, respecting the highest standards of fairness of the proceedings in a completely independent, judicial approach to things where no political elements can be taken into consideration."
The ICC is a court of last resort that is designed, "not to replace national judicial systems, but to intervene and complement them only when the national authorities are not willing or not capable to bring justice to victims," Abdallah said.
Legal obligation
Putin's decision not to pursue ratification of the Rome Statute changes very little, said Kirill Koroteyev, legal director at the Memorial Human Rights Center in Moscow.
"Unlike South Africa, which had been a member prior to its withdrawal, Russia has never had an obligation to cooperate with the ICC," he said in e-mailed comments to VOA.
"Today's notification may end Russia's obligation not to defeat the object and purpose of the Rome Statute.. However, object and purpose are vaguely defined concepts, and Russia's obligations under the Geneva Conventions, Additional Protocols, the Genocide Convention and under customary international law remain intact," he added.
According to Koroteyev, Russia and Russian nationals could still face prosecution despite Putin's withdrawal from the ICC's Rome Statute.
"ICC jurisdiction in Georgia and Ukraine is not based on Russia's acceptance of the statute, it is based on Georgian ratification and Ukrainian declaration," he said. "So nationals of any state may be prosecuted before the ICC if they committed war crimes and/or crimes against humanity on the territory of Georgia and on at least parts of the territory of Ukraine."
Russia is not the only country to have withdrawn from the ICC. The United States withdrew its participation in 2002 during the George W. Bush administration, but re-established some cooperation under President Barack Obama. China, India and the U.S. are among nations that have declined to ratify the Rome Statute. The ICC has 124 member states.
VOA's Lisa Bryant contributed to this report.
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