Mongolia faces international scrutiny as it hosts Putin despite an ICC arrest warrant, challenging its foreign policy and legal commitments.
The arrival of Vladimir Putin in Mongolia has prompted concerns about the country’s international legal duties. On September 2, the Russian president set foot in Mongolia, his first visit to a nation that, as a member of the International Criminal Court (ICC), was required to hold him under an active arrest warrant for war crimes related to the ongoing conflict in Ukraine.
The visit puts Mongolia in a tight spot, with its role as a member of the ICC being questioned and its foreign policy balancing act being closely examined.
Mongolia’s obligation to ICC:
Established in 2002, the ICC, under the Rome Statute mandates its 124 member states, including Mongolia, to arrest and extradite individuals who have been indicted by the court.
In March 2023, the ICC issued an arrest warrant for Vladimir Putin, accusing him of illegal deportation and transfer of children from occupied territories in Ukraine to Russia.
This historic warrant marks the first time the ICC has striked its aim at a sitting leader of one of the five permanent members of the United Nations Security Council (UNSC).
The warrant has some serious implications. By welcoming Putin, Mongolia has put itself at the centre of a legal and diplomatic storm. The ICC’s rules are clear: member states are required to act upon arrest warrants.
International pressure:
Ukrainian officials have called upon Mongolia, urging it to comply with its commitments under the Rome Statute. Heorhiy Tykhyi, spokesperson for Ukraine’s Foreign Ministry, described Mongolia’s failure to arrest Putin as “a heavy blow to the International Criminal Court and the system of criminal law.”
The European Commission has also demanded that Putin be taken into custody and that Mongolia fulfil its duties to the International Criminal Court.
“Mongolia, like all other countries, has the right to develop its international ties according to its own interests,” European Commission spokeswoman Nabila Massrali said, adding: “Mongolia is a state party to the Rome Statute of the ICC since 2002, with the legal obligations that it entails.”
Amnesty International Mongolia’s executive director, Altantuya Batdorj, added, “To shelter a fugitive from international justice would not only amount to obstruction of justice. If Mongolia provides even a temporary safe haven for President Putin, it will effectively become an accomplice in ensuring impunity for some of the most serious crimes under international law.
Mongolia’s dependence on its neighbours:
Mongolia, a remote nation between China and Russia, is mostly dependent on China for energy and fuel, and on Russia for capital investments in its mining sector.
The Kremlin mentioned on Monday that Russia had been in talks for years about building a pipeline to carry 50 billion cubic metres (bcm) of natural gas a year from its Yamal region to China via Mongolia.
The project, Power of Siberia 2, is part of Russia’s strategy to compensate for the loss of the majority of its European gas shipments since the start of the Ukraine war. It is the planned replacement to the same-named existing pipeline, which now distributes Russian gas to China, and is expected to reach its projected capacity of 38 billion cubic metres per year in 2025.
Mongolia’s reliance on its neighbour is significant. Russia supplies nearly all of the country’s gasoline and diesel, as well as a significant percentage of its electricity. Furthermore, it retains 50% ownership of several key infrastructure projects in Mongolia, including the national railway system, which is critical for trade between China, Russia, and Europe.
This dependency on Russia’s energy and infrastructure support places Mongolia in a difficult position, curtailing its ability to act against Moscow’s interests.
Mongolia’s foreign policy:
Mongolia’s foreign policy has traditionally been defined by a delicate balancing act between its powerful neighbours, Russia and China, and its ambition to connect with Western countries via its “Third Neighbour” strategy.
This policy, which seeks to strengthen ties with countries outside the region, has allowed Mongolia to assert a degree of independence in its foreign relations and to present itself as a neutral, diplomatic meeting ground.
Mongolia’s “Third Neighbour” approach has proven successful in recent years. The country has hosted high-profile international events, including the yearly Ulaanbaatar Dialogue, which brings together regional and global leaders to debate topics ranging from climate change to security.
Mongolia has welcomed leaders and foreign ministers from the United States, Germany, the United Kingdom, and other countries just in 2024. This diplomatic participation has earned the nation international goodwill and esteem.
However, the visit of a leader with an ICC arrest warrant could harm Mongolia’s carefully cultivated reputation. By agreeing to welcome Putin despite the warrant, Mongolia risks hurting relations with its Western partners and undermining its reputation in international institutions.
Both the United States and the European Union have restated Mongolia’s obligations under the ICC, while Ukraine has stated that it will work with its allies to ensure Mongolia faces consequences for its failure to act.
Putin has not visited an ICC member state since the arrest order was issued in March 2023. While he visited North Korea and Vietnam last month, as well as China twice in the past year, he did not attend last year’s BRICS conference in South Africa.
He instead joined the meeting in Johannesburg via video link after the South African authorities campaigned against his attendance to avoid forcing the arrest warrant issue.
What’s next?
Russia is not a party to the Rome Statute that establishes the ICC, so the Kremlin has dismissed the ICC warrant on Putin as “null and void”.
However, it has also objected to its partners’ bids to join the Hague-based court.
ICC spokesperson Fadi El Abdallah underscored in a statement on Friday that Mongolia “is a state party to the ICC Rome Statute” and thus must cooperate with the court.
“The ICC relies on its state parties and other partners to execute its decisions, including in relation to arrest warrants. In case of non-cooperation, ICC judges may make a finding to that effect and inform the Assembly of States Parties of it.
“It is then for the assembly to take any measure it deems appropriate.”
Putin’s visit to Mongolia has put the country in a difficult situation, compelling it to balance the intricate dynamics of international law, geopolitics, and its national interests. As a member state of the ICC, Mongolia is obligated to uphold the Rome Statute, but its reliance on Russia for energy and infrastructure, coupled with its strategic location between Russia and China, complicates its capacity to fulfill these obligations.
The ICC’s challenges in enforcing its warrants, particularly against powerful leaders, reveal significant constraints on the court’s authority.
