International Court Issues War Crimes Warrant for Putin

Russian President Vladimir Putin speaks to Governor of Magadan Region Sergey Nosov via videoconference at the Novo-Ogaryovo residence outside Moscow, Russia, on Oct. 21, 2022. (AP)
Russian President Vladimir Putin speaks to Governor of Magadan Region Sergey Nosov via videoconference at the Novo-Ogaryovo residence outside Moscow, Russia, on Oct. 21, 2022. (AP)
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International Court Issues War Crimes Warrant for Putin

Russian President Vladimir Putin speaks to Governor of Magadan Region Sergey Nosov via videoconference at the Novo-Ogaryovo residence outside Moscow, Russia, on Oct. 21, 2022. (AP)
Russian President Vladimir Putin speaks to Governor of Magadan Region Sergey Nosov via videoconference at the Novo-Ogaryovo residence outside Moscow, Russia, on Oct. 21, 2022. (AP)

The International Criminal Court said on Friday it issued an arrest warrant for Russian President Vladimir Putin for war crimes because of his alleged involvement in abductions of children from Ukraine.

The court said in a statement that Putin "is allegedly responsible for the war crime of unlawful deportation of (children) and that of unlawful transfer of (children) from occupied areas of Ukraine to the Russian Federation."

It also issued a warrant Friday for the arrest of Maria Alekseyevna Lvova-Belova, the Commissioner for Children’s Rights in the Office of the President of the Russian Federation, on similar allegations.

The move was immediately dismissed by Moscow and welcomed by Ukraine as a major breakthrough. Its practical implications, though, could well be negligible.

Even if the court has court has indicted world leaders before, it was the first time it issued a warrant against one of the five permanent members of the UN Security Council.

The court’s president, Piotr Hofmanski, said in a video statement that while the ICC’s judges have issued the warrants, it will be up to the international community to enforce them. The court has no police force of its own to enforce warrants.

"The ICC is doing its part of work as a court of law," he said. "The judges issued arrest warrants. The execution depends on international cooperation."

The chances of a trial of any Russians at the ICC remains extremely unlikely, as Moscow does not recognize the court’s jurisdiction— a position it vehemently reaffirmed on Friday.

Kremlin spokesman Dmitry Peskov insisted that Russia doesn’t recognize the ICC and considers its decisions "legally void." He added that Russia considers the court’s move "outrageous and unacceptable."

Peskov refused to comment when asked if Putin would avoid making trips to countries where he could be arrested on the ICC’s warrant.

Ukrainian officials were jubilant.

"The world changed," said presidential adviser Mykhailo Podolyak. Foreign Minister Dmytro Kuleba said the "wheels of justice are turning," and added that "international criminals will be held accountable for stealing children and other international crimes."

Olga Lopatkina, a Ukrainian mother who struggled for months to reclaim her foster children who were deported to an institution ran by Russian loyalists, welcomed the news of the arrest warrant. "Good news!" she said in an exchange of messages with the Associated Press. "Everyone must be punished for their crimes."

Ukraine also is not a member of the international court, but it has granted it jurisdiction over its territory and ICC prosecutor Karim Khan has visited four times since opening an investigation a year ago.

The ICC said its pre-trial chamber found "reasonable grounds to believe that each suspect bears responsibility for the war crime of unlawful deportation of population and that of unlawful transfer of population from occupied areas of Ukraine to the Russian Federation, in prejudice of Ukrainian children."

The court statement said that "there are reasonable grounds to believe that Mr. Putin bears individual criminal responsibility" for the child abductions "for having committed the acts directly, jointly with others and/or through others (and) for his failure to exercise control properly over civilian and military subordinates who committed the acts.

After his most recent visit, in early March, ICC prosecutor Khan said he visited a care home for children two kilometers (just over a mile) from front lines in southern Ukraine.

"The drawings pinned on the wall ... spoke to a context of love and support that was once there. But this home was empty, a result of alleged deportation of children from Ukraine to the Russian Federation or their unlawful transfer to other parts of the temporarily occupied territories," he said in a statement. "As I noted to the United Nations Security Council last September, these alleged acts are being investigated by my Office as a priority. Children cannot be treated as the spoils of war."

And while Russia rejected the allegations and warrants of the court as null and void, others said the ICC action will have an important impact.

"The ICC has made Putin a wanted man and taken its first step to end the impunity that has emboldened perpetrators in Russia’s war against Ukraine for far too long," said Balkees Jarrah, associate international justice director at Human Rights Watch. "The warrants send a clear message that giving orders to commit, or tolerating, serious crimes against civilians may lead to a prison cell in The Hague."

Prof. David Crane, who indicted Liberian President Charles Taylor 20 years ago for crimes in Sierra Leone, said dictators and tyrants around the world "are now on notice that those who commit international crimes will be held accountable to include heads of state."

Taylor was eventually detained and put on trial at a special court in the Netherlands. He was convicted and sentenced to 50 years' imprisonment.

"This is an important day for justice and for the citizens of Ukraine," Crane said in a written comment to the Associated Press Friday.

On Thursday, a UN-backed inquiry cited Russian attacks against civilians in Ukraine, including systematic torture and killing in occupied regions, among potential issues that amount to war crimes and possibly crimes against humanity.

The sweeping investigation also found crimes committed against Ukrainians on Russian territory, including deported Ukrainian children who were prevented from reuniting with their families, a "filtration" system aimed at singling out Ukrainians for detention, and torture and inhumane detention conditions.

But on Friday, the ICC put the face of Putin on the child abduction allegations.



How Likely Is the Use of Nuclear Weapons by Russia?

This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)
This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)
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How Likely Is the Use of Nuclear Weapons by Russia?

This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)
This photograph taken at a forensic expert center in an undisclosed location in Ukraine on November 24, 2024, shows parts of a missile that were collected for examination at the impact site in the town of Dnipro following an attack on November 21. (Photo by Roman PILIPEY / AFP)

On 24 February 2022, in a televised speech heralding the Russian invasion of Ukraine, President Vladimir Putin issued what was interpreted as a threat to use nuclear weapons against NATO countries should they interfere.

“Russia will respond immediately,” he said, “and the consequences will be such as you have never seen in your entire history.”

Then on 27 February 2022, Putin ordered Russia to move nuclear forces to a “special mode of combat duty’, which has a significant meaning in terms of the protocols to launch nuclear weapons from Russia.”

Dr. Patricia Lewis, director of the International Security program at Chatham House, wrote in a report that according to Russian nuclear weapons experts, Russia’s command and control system cannot transmit launch orders in peacetime, so increasing the status to “combat” allows a launch order to go through and be put into effect.

She said Putin made stronger nuclear threats in September 2022, following months of violent conflict and gains made by a Ukrainian counterattack.

“He indicated a stretch in Russian nuclear doctrine, lowering the threshold for nuclear weapons use from an existential threat to Russia to a threat to its territorial integrity,” Lewis wrote.

In November 2022, according to much later reports, the US and allies detected manoeuvres that suggested Russian nuclear forces were being mobilized.

Lewis said that after a flurry of diplomatic activity, China’s President Xi Jinping stepped in to calm the situation and speak against the use of nuclear weapons.

In September 2024, Putin announced an update of the 2020 Russian nuclear doctrine. The update was published on 19 November 2024 and formally reduced the threshold for nuclear weapons use.

According to Lewis, the 2020 doctrine said that Russia could use nuclear weapons “in response to the use of nuclear and other types of weapons of mass destruction against it and/or its allies, as well as in the event of aggression against the Russian Federation with the use of conventional weapons when the very existence of the state is in jeopardy.”

On 21 November 2024, Russia attacked Dnipro in Ukraine using a new ballistic missile for the first time.

She said Putin announced the missile as the ‘Oreshnik’, which is understood to be a nuclear-capable, intermediate-range ballistic missile which has a theoretical range of below 5,500km.

Lewis added that Russia has fired conventionally armed nuclear-capable missiles at Ukraine throughout the war, but the Oreshnik is much faster and harder to defend against, and suggests an escalatory intent by Russia.

Nuclear Response During Cold War

In her report, Lewis said that nuclear weapons deterrence was developed in the Cold War primarily on the basis of what was called ‘mutually assured destruction’ (MAD).

The idea behind MAD is that the horror and destruction from nuclear weapons is enough to deter aggressive action and war, she added.

But the application of deterrence theory to post-cold war realities is far more complicated in the era of cyberattacks and AI, which could interfere with the command and control of nuclear weapons.

In light of these risks, presidents Biden and Xi issued a joint statement from the 2024 G20 summit affirming the need to maintain human control over the decision to use nuclear weapons.

The US and Russia exchange information on their strategic, long-range nuclear missiles under the New START agreement – a treaty to reduce and monitor nuclear weapons between the two countries which is set to expire in February 2026.

But, Lewis said, with the US decision to exit the Intermediate Nuclear Forces (INF) Treaty in 2019, there are no longer any agreements between the US and Russia regulating the number or the deployment of ground-launched nuclear missiles with a range of 500-5,500 km.

She said short-range nuclear weapons were withdrawn and put in storage as a result of the 1991 Presidential Nuclear Initiatives but are not subject to any legal restraints.

The 10th NPT Review Conference was held in 2022 in New York. The issue of nuclear weapons threats and the targeting of nuclear power stations in Ukraine were central to the debate.

Lewis noted that a document was carefully crafted to finely balance concerns about the three pillars of the treaty – non-proliferation, nuclear disarmament and the peaceful uses of nuclear energy. But Russia withdrew its agreement on the last day of the conference, scuppering progress.

“It was believed that if Russia were to use nuclear weapons it would likely be in Ukraine, using short range, lower yield ‘battlefield’ nuclear weapons,” she said, adding that Russia is thought to have more than 1,000 in reserve.

“These would have to be taken from storage and either connected to missiles, placed in bombers, or as shell in artillery,” Lewis wrote.

Increasingly the rhetoric from Russia suggests nuclear threats are a more direct threat to NATO – not only Ukraine – and could refer to longer range, higher yield nuclear weapons.

For example in his 21 September 2022 speech, Putin accused NATO states of nuclear blackmail, referring to alleged “statements made by some high-ranking representatives of the leading NATO countries on the possibility and admissibility of using weapons of mass destruction – nuclear weapons – against Russia.”

Putin added: “In the event of a threat to the territorial integrity of our country and to defend Russia and our people, we will certainly make use of all weapon systems available to us. This is not a bluff.”

There have been no expressed nuclear weapons threats from NATO states.

NATO does rely on nuclear weapons as a form of deterrence and has recently committed to significantly strengthen its longer-term deterrence and defence posture in response to Russia’s invasion of Ukraine.

The current UK Labor government has repeatedly reiterated its commitment to British nuclear weapons – including before the July 2024 election, according to Lewis.

Therefore, she said, any movement to ready and deploy Russian nuclear weapons would be seen and monitored by US and others’ satellites, which can see through cloud cover and at night – as indeed appears to have happened in late 2022.

Lewis concluded that depending on other intelligence and analysis – and the failure of all diplomatic attempts to dissuade Russia – NATO countries may decide to intervene to prevent launch by bombing storage sites and missile deployment sites in advance.