What is the Point of International Law?
Nowhere do the ideals of law and justice bump up against the harsh realities of politics more than in the arena of international law.
A couple of weeks ago, the president of Russia, Vladimir Putin, made headlines because the International Criminal Court (ICC) issued an arrest warrant for his arrest. Now Russia has assumed the presidency of the UN Security Council.
The idea that someone could be accused of such a serious crime in a domestic setting and then take on any position of responsibility without suffering any repercussions is fanciful and yet this is exactly what has happened on the biggest stage.
The UN and the ICC are different bodies so the actions of one do not necessarily affect the other but this was still a big moment. The problem that prosecutors face is that Russia does not recognise the court and nor does it extradite its own citizens so it is fair to ask what the point of the arrest warrant was.
The main point is that it sends a message to the rest of the world: there is enough evidence to say with confidence that Russia is committing war crimes in Ukraine and that Putin is complicit in the forced deportation of children (the specific charge levied against the indicted parties). In other words, what is happening inside Ukraine is serious and warrants global assistance and intervention.
The arrest warrant also sends a message inside of Russia as well. Due to controls on the media, your average Russian citizen will likely not be aware of the charges brought or will dismiss the allegations as Western lies but those higher up the chain of command will be aware of the gravity of the action taken by the ICC and what it might mean for them as they continue to prop up the current regime. Sure, they might not face justice immediately but a warrant against them limits where they can travel in the world and means their position might not be entirely safe once Putin’s time is up and there is a new face in the Kremlin.
The reason that the arrest warrant has little or no practical impact is because of the geopolitics involved. That, however, does not mean it is meaningless. In fact the court is likely very aware of the politics involved and is making political manoeuvres of its own to try and bring peace to Ukraine.
This week on the podcast we discuss the invasion of Ukraine in the context of…contract law. Back in 2013 Ukraine took out a loan from the Russian government and did not pay it back. Their government now argues that they were under duress to sign the agreement and so the contract should voidable.
Episode link: https://uklawweekly.com/2023-uksc-11/
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Marcus