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ICC arrest warrant; a setback for authoritarian rule

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‘All-weather allies’: President Xi Jinping meets President Vladimir Putin.

As should be expected, the arrest warrant issued by the International Criminal Court (ICC) on Russian President Vladimir Putin on war crimes allegations has given rise to a widespread debate on how effective it would be as an instrument of justice. What compounds the issue is the fact that Russia is not obliged to cooperate with the ICC, given that it is not a signatory to the Rome Statute which outlaws the crimes in question and envisages punitive action for signatory state representatives who act in violation of its provisions.

Predictably, the Russian side has rubbished the ICC allegations and its arrest warrant on the basis that they are totally irrelevant to Russia, considering that it does not recognize the ICC or its rulings. However, the fact remains that important sections of the international community would be viewing Putin and his regime as war criminals who should be shunned and outlawed.

The possibility is great of the Putin regime steadily alienating itself from enlightened opinion the world over from now on. In other words, Putin and his cohorts have incurred a heavy moral defeat as a consequence of the ICC’s arrest warrant and its strictures.

Morality may not count much for the Putin regime and its supporters, locally and internationally, but the long term consequences growing out of this dismissive stance on moral standards could be grave. They would need to take their minds back to the white supremacist regimes of South Africa of decades past which were relentlessly outlawed by the world community, incurring in the process wide-ranging sanctions that steadily weakened apartheid South Africa and forced it to negotiate with its opponents. Moreover, the ICC measures against Putin are bound to strengthen his opponents and critics at home, thereby boosting Russia’s pro-democracy movement.

However, the Putin administration could earn for itself some ‘breathing space’ at present by proving the ICC’s allegations wrong. That is, it would need to establish beyond doubt that it is not guilty of the crime of deporting Ukrainian children to Russia and other war-linked offences. It could liaise with UNICEF and other relevant UN agencies for this purpose since it does not recognize the ICC.

A wise course of action for President Putin would be to pick up this gauntlet rather than ignore the grave allegations levelled against him, in view of the long term consequences of such evasive behavior.

Besides, the Russian President would need to restrict his movements from now on. For, he is liable to be arrested and produced before the ICC by those governmental authorities who are signatories to the Rome Statute in the event of Putin entering their countries. That is, Putin’s head is likely to be increasingly restless as time goes by.

However, the gravest consequence flowing from Putin and his regime ignoring the ICC and its strictures is that later, if not sooner, they could find themselves being hauled up before the ICC. There is ample evidence from recent history that this could be so. All the alleged offenders need to do is take their minds back to the convulsive and bloody Balkan wars of the nineties to see for themselves how the ICC process, though slow and laborious, finally delivered justice to the victims of war crimes in that tempestuous theatre.

All those war criminals who have lulled themselves into believing that it is possible to escape being brought to justice before the world’s tribunals, need to recollect how former Serbian President Slobodan Milosevik and his partners in crime Rodovan Karadzic and Ratko Mladic were brought before the International Criminal Tribunal for the former Yugoslavia (ICTY) in the early years of this century and required to pay the price for their criminality. So confident were they initially that they would never be brought to justice that they agreed, tongue-in-cheek, to fully cooperate with the ICTY.

It is pertinent to also remember that the criminals mentioned were notorious for their ‘ethnic cleansing’ operations and other war-time excesses. Accordingly, those accused of war crimes the world over would be only indulging in wishful thinking if they consider themselves above the law and safe from being held accountable for their offences. Justice would catch-up with them; if not sooner, then later. This is the singular lesson from Bosnia.

Meanwhile, Chinese President Xi Jinping has considered it timely to call on President Putin in Russia. He did so close on the heels of being elected President for a third straight term recently. This is a clear message to the world that Russia could always depend on China to be a close and trusted ally. It is a question of two of the biggest authoritarian states uniting. And the world they see as big enough for both of them.

Interestingly, China is having the world believe that it has a peace plan for Ukraine. While in Russia, though, XI did not spell out in any detail how the crisis in Ukraine would be resolved with China’s assistance. However, China has drafted what is termed its ‘Position on the Ukraine Crisis’. It contains 12 points which are more in the nature of a set of principles.

Seen against the backdrop of the developments in Ukraine, some of these principles merit close scrutiny. For instance, the first principle lays out that the sovereignty of all countries must be respected. Besides, International Law must be universally recognized, including the ‘purposes and principles of the UN Charter’. However, ‘double standards’ must be rejected. Hopefully, the West got the hint.

Principle 4 has it that ‘Dialogue and negotiations are the only viable solution to the Ukraine crisis.’ Principle 8 points out that, ‘Nuclear weapons must not be used and nuclear wars must not be fought’.

Needless to say, all the above principles are acceptable to the international community. What is required of China is to evolve a peace plan for Ukraine, based on these principles, if it is in earnest when it speaks of being a peace maker. The onus is on China to prove its credibility.

However, China could be said to be characteristically pragmatic in making these moves. While further cementing its alliance with Russia, China is placing the latter on notice, though in a subtle way, that its war in Ukraine is proving highly counter-productive and costly, both for the states concerned and the world. The costly economic consequences for the world from the war speak for themselves. Accordingly, nudging Russia in the direction of a negotiated settlement is the wisest course in the circumstances.

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