Although the International Criminal Court (ICC) in The
Hague has issued a warrant for President Vladimir
Putin's arrest, it is no more than the first step in a very
long process.
The United Nations clearly believes there is sufficient
evidence to accuse the Russian leader of war crimes in
Ukraine.
However the practical and logistical problems in pursuing
such a case are immense.
This is what the process of bringing Mr Putin to justice
could look like.
Can President Putin be arrested?
At present, the Russian leader enjoys unchallenged
power in his native land, so there is no prospect of the
Kremlin handing him over to the ICC.
As long as he stays put in Russia, he faces no risk of
being arrested.
Mr Putin could be detained if he leaves the country. But,
given the fact that his freedom of movement is already
severely limited by international sanctions against him, he
is unlikely to show up in a country that would want to put
him on trial.
Since Russian troops invaded Ukraine in February 2022,
he has visited just eight countries. Seven of those would
be considered by him to be part of Russia's "near
abroad" - that is, they were constituent parts of the Soviet
Union before it collapsed at the end of 1991.
His only recent destination that does not fall into this
category is Iran, which he visited in July last year to meet
the theocracy's Supreme Leader, Ali Khamenei.
Since Iran has helped the Russian war effort by
supplying drones and other military hardware, any repeat
visit to Tehran would be unlikely to place Mr Putin in any
jeopardy.
What war crimes is Russia accused of?
Will Putin actually face trial?
There are at least two big obstacles to that. Firstly,
Russia does not recognise the jurisdiction of the ICC.
The court was established in 2002 by a treaty known as
the Rome Statute.
This statute lays down that it is the duty of every state to
exercise its own criminal jurisdiction over those
responsible for international crimes. The ICC can only
intervene where a state is unable or unwilling to carry out
the investigation and prosecute perpetrators.
In all, 123 states have agreed to abide by it, but there are
some significant exceptions, including Russia.
Some countries, including Ukraine, have signed the
treaty, but not ratified it. You can see a full list of
countries that are party to the Rome Statute here.
So you can see that the legal position is already getting
shaky.
And secondly, although it's not unknown for trials to be
held without the defendant in the dock, that's not an
option here. The ICC does not conduct trials in absentia,
so that avenue is closed off too.
Who else has faced this kind of trial?
The idea of trying people for crimes against humanity
pre-dates the existence of the ICC.
It began in 1945 after World War Two with the
Nuremberg Trials, which were held to punish key
members of the hierarchy in Nazi Germany for the
Holocaust and other atrocities.
Those included Nazi leader Adolf Hitler's deputy Rudolf
Hess, who was sentenced to life imprisonment and died
by his own hand in 1987.
Of course, Mr Putin has not actually been charged with
crimes against humanity, even though US Vice-President
Kamala Harris has argued that he should be.
And if he were, that would pose another legal dilemma as
the UN itself says, "crimes against humanity have not yet
been codified in a dedicated treaty of international law,
unlike genocide and war crimes, although there are
efforts to do so."
Other bespoke bodies have sought to convict those
accused of war crimes. That includes the International
Criminal Tribunal for the former Yugoslavia, a UN
organisation that existed from 1993 to 2017.
During that time, it convicted and sentenced 90 people.
But arguably the most notorious of those indicted, former
Yugoslav President Slobodan Milosevic, died of a heart
attack in 2006 while in detention.
As for the ICC itself, it has so far indicted 40 individuals
apart from Mr Putin, all from African countries. Of those,
17 people have been detained at The Hague, 10 have
been convicted of crimes and four have been acquitted.
What does this mean for the war in Ukraine?
The arrest warrant is being seen as a signal from the
international community that what is taking place in
Ukraine is against international law.
The court says the reason it is going public with these
warrants is that these crimes are continuing. In doing so,
it is trying to deter further crimes taking place.
But, the main reaction from Russia so far has been to
dismiss the warrants as meaningless.
In fact, the Kremlin denies its forces have committed any
atrocities in Ukraine, and Mr Putin's spokesman called
the ICC's decision "outrageous and unacceptable".
Faced with such defiance, it seems unlikely that the ICC's
actions will have any impact on Russia's war in Ukraine -
and Mr Putin's "special military operation" will continue to grind mercilessly on.
https://www.bbc.com/news/world-64994992
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