Warrants of Arrest Issued Against Vladimir Putin and Maria Lvova-Belova
1. Today, 17 March 2023, Pre-Trial Chamber II of the International Criminal Court ("ICC" or "the Court") issued warrants of arrest for two individuals in the context of the situation in Ukraine: Mr Vladimir Vladimirovich Putin and Ms Maria Alekseyevna Lvova-Belova. [11]
2. Mr Vladimir Vladimirovich Putin, President of the Russian Federation, is allegedly responsible for the war crime of unlawful deportation of population (children) and unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). [12] The crimes were allegedly committed in Ukrainian occupied territory at least from 24 February 2022. [13]
3. There are reasonable grounds to believe that Mr Putin bears individual criminal responsibility for the aforementioned crimes [13]:
- For having committed the acts directly, jointly with others and/or through others (article 25(3)(a) of the Rome Statute). [13]
- For his failure to exercise control properly over civilian and military subordinates, pursuant to superior responsibility (article 28(b) of the Rome Statute). [13]
4. Ms Maria Alekseyevna Lvova-Belova, Commissioner for Children's Rights in the Office of the President of the Russian Federation, is allegedly responsible for the same war crimes of unlawful deportation and unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). [14] There are reasonable grounds to believe that Ms Lvova-Belova bears individual criminal responsibility for the crimes, for having committed the acts directly, jointly with others and/or through others (article 25(3)(a) of the Rome Statute). [15]
5. The Chamber considered that the warrants were initially secret in order to protect victims and witnesses and also to safeguard the investigation. [17]
6. Nevertheless, mindful that the conduct addressed is allegedly ongoing, the Chamber considered that public awareness of the warrants may contribute to the prevention of the further commission of crimes. [18] Therefore, the Chamber considered it to be in the interests of justice to authorise the public disclosure of the existence of the warrants, the names of the suspects, the crimes, and the modes of liability. [18]