مجلة القانون، المجتمع والسلطة
Volume 15, Numéro 1, Pages 53-65
2026-03-01
The Arrest Warrant For Russian President Vladimir Putin: A Legal Analysis Of The Icc's Jurisdiction And The Challenges Of National Sovereignty
Authors : Gouasmia Asma .
Abstract
This article provides a comprehensive analysis of the unprecedented arrest warrant issued by the International Criminal Court (ICC) for Russian President Vladimir Putin in March 2023. The warrant, concerning war crimes involving the unlawful deportation of children from Ukraine to Russia, represents a critical juncture for international law. The analysis begins by dissecting the ICC's contested jurisdictional basis. Since neither Russia nor Ukraine are states parties to the Rome Statute, the Court's authority derives from Ukraine's ad hoc declarations accepting its jurisdiction, a mechanism under Article 12(3) of the Statute. This foundation is crucial for the Prosecutor's investigation, initiated following referrals from numerous member states. The article then scrutinizes the legal merits of the specific charges, arguing that focusing on the deportation of children provides a strong, legally clear case that is less susceptible to political accusations of being a "pretext" for invasion-related charges. A central tension explored is the clash between the principle of head-of-state immunity—a cornerstone of the Westphalian system of state sovereignty fiercely defended by Russia and others—and the emerging norm of international criminal accountability for core crimes. This is framed within scholarly debates and precedents, most notably the ICC's prior pursuit of Sudan's Omar al-Bashir, which exposed the immense enforcement challenges when a suspect remains within their own territory or enjoys powerful allies. Ultimately, the study concludes that while immediate enforcement is improbable, the warrant's significance is profound. It serves as a powerful symbolic tool that diplomatically isolates a sitting head of state, establishes a historical record of criminality, and reinforces the principle that impunity for atrocity crimes is not absolute, thereby straining but potentially strengthening the fragile framework of global justice.
Keywords
arrest warrant; International Criminal Court; war crimes; sovereignty; challenges.
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