His Excellency Khurelsukh Ukhnaa
President of Mongolia
Ulaanbaatar, Mongolia
Paris, 2 September 2024
Re: Mongolia’s obligation to execute the ICC arrest warrant for Russian President Vladimir Putin upon his visit to Mongolia on 3 September 2024
Your Excellency,
I am writing to you on behalf of the International Federation for Human Rights (FIDH), an international human rights NGO federating 188 organisations from 116 countries. Since 1922, FIDH has been defending human rights, documenting and reporting on their violations, supporting civil society, and promoting respect for international law.
Given our shared commitment to international justice, we deeply value Mongolia’s ratification of the Rome Statute in 2002 and your country’s active engagement in the work of the International Criminal Court (ICC) since then. The election of Judge Erdenebalsuren Damdin to the ICC in 2023 is a testament to the international community’s faith in Mongolia’s commitment to the principles of the Rome Statute.
Vladimir Putin, President of the Russian Federation, plans to visit Mongolia on 3 September 2024 for the commemoration of the 85th anniversary of the battle of Khalkhin Gol. However, on 17 March 2023, the ICC issued an arrest warrant for President Putin. The allegations involve the unlawful deportation and transfer of children from occupied areas of Ukraine to the Russian Federation – which constitute war crimes under the Rome Statute. The ICC Appeals Chamber has affirmed that immunities based on official capacity, including those of a head of state, do not exempt individuals from arrest and prosecution for such grave offenses, as stated in Article 27(2) of the Rome Statute.
As a State Party to the Rome Statute, Mongolia is bound by its obligation to fully cooperate with the ICC, including executing arrest warrants and surrendering individuals as required under Articles 86 and 89 of the Rome Statute. Non-compliance with these provisions could lead to the ICC referring the matter to the Assembly of States Parties (ASP) to the Rome Statute, or the United Nations Security Council (UNSC), with significant legal, diplomatic, and reputational consequences. In this regard, we are particularly alarmed about credible reports stating that Vladimir Putin received assurances that he will not be arrested during his visit to Mongolia.
In this light, Your Excellency, we urge you to take the necessary steps to ensure the arrest of President Putin during his presence in Mongolia. We fully recognise the diplomatic sensitivities surrounding this matter. Nevertheless, upholding this obligation is not only a legal requirement but also a vital demonstration of Mongolia’s commitment to international justice, the rule of law, and victims of atrocity crimes.
We trust in your dedication to these principles and look forward to your decisive action on this matter.
Sincerely,
Alice Mogwe
President
International Federation for Human Rights (FIDH)