ICC chief prosecutor says it's possible Putin could be tried for alleged crimes at some point

March 17, 2023 Russia-Ukraine news

By Kathleen Magramo, Jack Guy, Aditi Sangal, Adrienne Vogt, Leinz Vales, Matt Meyer and Tori B. Powell, CNN

Updated 9:58 p.m. ET, March 17, 2023
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8:38 p.m. ET, March 17, 2023

ICC chief prosecutor says it's possible Putin could be tried for alleged crimes at some point

From CNN's Clarissa Ward

ICC Chief Prosecutor Karim Khan.
ICC Chief Prosecutor Karim Khan. (CNN)

It is not outside the realm of possibility that Russian President Vladimir Putin could be tried by the International Criminal Court at some point, the ICC Chief Prosecutor Karim Khan said Friday.

"Nobody should feel they have a free pass," he said.

"I think those that think it’s impossible fail to understand history because the major Nazi war criminals, (former Yugoslav President Slobodan) Milošević, (former Bosnian Serb politician Radovan) Karadžić, (former Bosnian Serb military officer Ratko) Mladić, former (Liberian) President Charles Taylor, (former Prime Minister) Jean Kambanda from Rwanda, Hissène Habré (former president of Chad). All of them were mighty, powerful individuals, and yet they found themselves in courtrooms whose conduct was being adjudicated over by independent judges. And that also gives cause for hope that the law can, however difficult it may be, the law can be supreme," Khan said.

The ICC on Friday issued arrest warrants for Putin and Russian official Maria Lvova-Belova relating to an alleged scheme to forcibly deport thousands of Ukrainian children to Russia.

"I think the message must be that basic principles of humanity bind everybody. And nobody should feel they have a free pass. Nobody should feel they can act with abandon, and that definitely, nobody should feel that they can act and commit genocide or crimes against humanity or war crimes with impunity," Khan said.

The prosecutor said it was important for the ICC to start these investigations as quickly as possible with a focus on the plight of victims.

"The law must be about, and particularly criminal law, must be about victims and survivors," Khan added.

Watch the interview with Karim Khan:

4:00 p.m. ET, March 17, 2023

Analysis: Here's how war crimes prosecutions work

From CNN's Zachary B. Wolf

After more than a year of international outrage at Russia’s invasion of Ukraine and shocking atrocities, there’s an arrest warrant out for Russian President Vladimir Putin.

The International Criminal Court on Friday announced charges against Putin and Russian official Maria Lvova-Belova relating to an alleged scheme to forcibly deport thousands of Ukrainian children to Russia.

Here’s a very broad look at how war crime prosecutions work:

What is a war crime? The ICC has specific definitions for genocide, war crimes, crimes against humanity and the crime of aggression. Specifically, targeting civilian populations, violating the Geneva Conventions, targeting specific groups of people and more could be potential Russian war crimes.

Who can be tried by the ICC? Anyone accused of a crime in the jurisdiction of the court, which includes countries that are members of the ICC, can be tried. The court tries people, not countries, and focuses on those who hold the most responsibility: leaders and officials. While Ukraine is not a member of the court, it has previously accepted its jurisdiction. Putin is therefore eligible for being indicted by the court for ordering war crimes in Ukraine.

However, the ICC does not conduct trials in absentia, so he would either have to be handed over by Russia or arrested outside of Russia. That seems unlikely as long as Putin is in power.

How does the ICC bring proceedings? Court proceedings can be brought in one of two ways: Either a national government or the UN Security Council can refer cases for investigation. Russia, a permanent member of the UN Security Council, has veto power over council actions. It was requests by 39 national governments, most of them European, that sparked the current investigation.

How long do these investigations take? If justice in general moves slowly, international justice barely moves at all. Investigations at the ICC take many years. Only a handful of convictions have ever been won.

Why would a Ukraine prosecution be different? The international outcry against Russia is unique, and that could give the court the ability to operate differently, according to Ryan Goodman, a law professor at New York University and co-editor-in-chief of Just Security, an online forum. “It’s hard to judge the ICC’s investigation based on past practice,” Goodman said in an email after the court initially launched its investigation back in 2022. “In the Ukraine situation, the prosecutor is buttressed by an extraordinary outpouring of support from dozens of countries, which I expect will be followed by an infusion of resources.”

Read more about these investigations and read about the scheme involving Ukrainian children taken to Russia.

3:54 p.m. ET, March 17, 2023

ICC president says Putin arrest warrant sends "important signal" to the world

ICC President Judge Piotr Hofmański.
ICC President Judge Piotr Hofmański. (International Criminal Court)

The arrest warrant issued for Russian President Vladimir Putin is a "very important signal" for the world and the victims of the alleged scheme to forcibly deport thousands of Ukrainian children to Russia, the president of the International Criminal Court said Friday.

A warrant was also issued for Russian Commissioner for Children’s Rights Maria Lvova-Belova.

The arrest warrants are not "magic wands," Judge Piotr Hofmański said, speaking to CNN from The Hague in the Netherlands. "But we believe in the deterrence effect of the arrest warrants issued in our proceedings, and we believe that it's a very important signal for the world that we are doing our job, that the victims are not left alone, they are not forgotten, and we just are doing what's expected."

Hofmanski compared the arrest warrant for Putin to a kind of sanction for the Russian leader.

"There are 123 states — two-thirds of states of the world — in which he will not be safe," he said.

Asked whether the ICC is asking signatory countries to arrest Putin if he travels to them, Hofmanski referred to ICC statute, saying, “All state parties have the legal obligation to cooperate fully with the court, which means that they’re obliged to execute arrest warrants issued by the court."

He also said that these warrants are not "the end of the game," adding that the case "can expand and also cover other atrocities allegedly committed on the territory of Ukraine." Hofmanski said he has no knowledge of any other actions coming down the pike.

Hofmanski said the contents of the arrest warrants were secret but that the ICC had agreed to publish the information about the existence of the warrants and the crimes allegedly committed by Putin and Lvova-Belova.

Remember: The ICC does not conduct trials in absentia, so Putin would either have to be handed over by Russia or arrested outside of Russia.

CNN's Jorge Engels contributed to this post.

3:35 p.m. ET, March 17, 2023

Zelensky praises the ICC decision to issue arrest warrants for Putin and his children's rights commissioner

From CNN’s Vasco Cotovio and Olga Voitovych

Ukrainian President Volodymyr Zelensky speaks to the media during a press conference as Ukraine marks one year since Russia's large-scale invasion, on February 24 in Kyiv, Ukraine. 
Ukrainian President Volodymyr Zelensky speaks to the media during a press conference as Ukraine marks one year since Russia's large-scale invasion, on February 24 in Kyiv, Ukraine.  (Roman Pilipey/Getty Images)

Ukrainian President Volodymyr Zelensky praised the decision Friday by the International Criminal Court to issue warrants for the arrest of Russian President Vladimir Putin and Children’s Rights Commissioner Maria Lvova-Belova. 

“Today we have a significant decision of international justice. In a case that has real prospects,” Zelensky said in his nightly address Friday. “This is a historic decision that will lead to historic responsibility.”

The Ukrainian president said his own country’s investigations also suggested the Kremlin had direct involvement in the forced deportation of children into Russia.

“In the criminal proceedings being investigated by our law enforcement officers, more than 16,000 cases of forced deportation of Ukrainian children by the occupier have already been recorded. But the real, full number of deportees may be much higher,” he said. “Such a criminal operation would have been impossible without the order of the highest leader of the terrorist state.”

Zelensky went on to thank the ICC and Chief Prosecutor Karim Khan. He called the forced deportation of children “evil.”

So far, Ukrainian officials have been able to return 300 children who had been forcibly deported to Russia.

2:05 p.m. ET, March 17, 2023

Putin bears criminal responsibility for forced deportations, ICC chief prosecutor says

From CNN’s Allegra Goodwin and Vasco Cotovio

International Criminal Court chief prosecutor Karim Khan said there are reasonable grounds to believe Russian President Vladimir Putin and the country’s Commissioner for Children’s Rights Maria Lvova-Belova bear criminal responsibility for the forced deportation of hundreds of Ukrainian children. 

At the time the Ukrainian children were reportedly taken out of their country, they were protected under the Fourth Geneva Convention, Khan said in a statement Friday. 

According to the US and several European governments, Putin's administration has carried out a scheme to forcibly deport thousands of Ukrainian children to Russia, often to a network of dozens of camps, where the minors undergo political reeducation.

“Many of these children, we allege, have since been given for adoption in the Russian Federation,” Khan also said, adding a change of the law in Russia through Presidential decrees issued by Putin had made it easier for the children to be adopted by Russian families. 

“These acts, amongst others, demonstrate an intention to permanently remove these children from their own country,” Khan said.

He called for accountability and for the children to be returned to their families in Ukraine, adding in the statement that "we cannot allow children to be treated as if they are the spoils of war.” 

Khan said Ukraine was “a crime scene that encompasses a complex and broad range of alleged international crimes,” explaining that while this was a first step in prosecuting war crimes, he continues to pursue other lines of investigation. 

2:02 p.m. ET, March 17, 2023

"I hope it is followed by actions": Ukrainians in Kyiv react to ICC arrest warrant for Putin

From CNN's Gul Tuysuz, Svitlana Vlasova and Dima Olenchenko

CNN asked people on the streets of Kyiv their reactions to the International Criminal Court issuing arrest warrants for Russian President Vladimir Putin and Russian official Maria Lvova-Belova for an alleged scheme to deport Ukrainian children to Russia.

Here's what they said:

Tatiana Kostiuchenko and Dmitro Yukhnoskyi.
Tatiana Kostiuchenko and Dmitro Yukhnoskyi. (CNN)

Tatiana Kostiuchenko, 25, massage therapist: "I think Russians will kill Putin before there is a chance for him to stand trial. He knows too much. This is the way they do stuff. The arrest warrant actually gives me a sense of calm. Because it’s like Ukrainians were alone saying all of these terrible things are happening, that Putin is a criminal. But now everyone will say it, know it. The fact that this is because of the children deportation is even better. It highlights the suffering of civilians, especially children. People think war is about two armies but it’s not — civilians are suffering, so many children."   

Dmitro Yukhnoskyi, 29, games level designer: "I don’t know how much power they have to carry it out, but I am glad to see it. It won’t solve the problem, but it is a good start."

Mykola Strizhak.
Mykola Strizhak. (CNN)

Mykola Strizhak, 22, courier: "I am happy to see this news, but for now it is just words. But I hope it is followed by actions."

Natalia Saloviova.
Natalia Saloviova. (CNN)

Natalia Saloviova, 68, teacher: "I am happy to hear it, but I am not sure that it will be implemented because he will hide. He will hide. He will go abroad with the help of China maybe or Iran ... But I hope, I hope. I want to believe in this."

To note: It remains unlikely that a trial at The Hague will go ahead. Russia is not a member of the ICC and the court does not conduct trials in absentia, so any Russian officials charged would either have to be handed over by Moscow or arrested outside of Russia.

1:34 p.m. ET, March 17, 2023

EU diplomat calls ICC arrest warrant for Putin an "important decision of international justice"

From CNN's Jorge Engels

High Representative of the EU for Foreign Affairs and Security Policy Josep Borrell speaks to members of the media in Brussels, Belgium, on January 23.
High Representative of the EU for Foreign Affairs and Security Policy Josep Borrell speaks to members of the media in Brussels, Belgium, on January 23. (Johanna Geron/Reuters)

The European Union’s foreign policy chief is hailing the International Criminal Court’s decision to issue an arrest warrant for Russian President Vladimir Putin as “an important decision of international justice” and “just the start” in an international legal process to hold Putin accountable.

“The gravity of the crimes and the statement of the ICC speak for themselves,” Josep Borrell, high representative of the EU for Foreign Affairs and Security Policy, said Friday.

“This is an important decision of international justice and for the people of Ukraine. We have always made clear at the European Union that those responsible for the illegal aggression against Ukraine must be brought to justice,” Borrell added.

He said this arrest warrant is "just the start of the process of accountability" for holding Russia and other officials responsible for potential war crimes in Ukraine.

3:07 p.m. ET, March 17, 2023

Here's what we know about the International Criminal Court and why it's issuing an arrest warrant for Putin

From CNN's Rob Picheta and Zachary B. Wolf

An exterior view of the International Criminal Court in The Hague, Netherlands, in 2021.
An exterior view of the International Criminal Court in The Hague, Netherlands, in 2021. (Piroschka van de Wouw/Reuters)

The International Criminal Court, which operates independently, is located in The Hague, Netherlands, and was created by a treaty called the Rome Statute first brought before the United Nations.

Most countries on Earth – 123 of them – are parties to the treaty, but there are some notable exceptions, including Russia, as well as the US, Ukraine and China.

The ICC is meant to be a court of “last resort” and is not supposed to replace a country’s justice system. The court, which has 18 judges serving nine-year terms, tries four types of crimes: genocide, crimes against humanity, crimes of aggression and war crimes.

Putin arrest warrant: The ICC on Friday issued an arrest warrant for Russian President Vladimir Putin and the Russian commissioner for children’s rights, Maria Lvova-Belova, for an alleged scheme to deport Ukrainian children to Russia.

The court said there “are reasonable grounds to believe that Mr Putin bears individual criminal responsibility” for the alleged crimes, for having committed them directly alongside others, and for “his failure to exercise control properly over civilian and military subordinates who committed the acts.”

Reports of Ukrainian children in Russia: The Ukrainian government says many missing children have been forcibly taken to Russia. The Russian government doesn’t deny taking Ukrainian children and has made their adoption by Russian families a centerpiece of propaganda.

Some of the children have ended up thousands of miles and several time zones away from Ukraine. According to Lvova-Belova's office, Ukrainian kids have been sent to live in institutions and with foster families in 19 different Russian regions, including Novosibirsk, Omsk and Tyumen regions in Siberia and Murmansk in the Arctic.

In April 2022, the office of Lvova-Belova said that around 600 children from Ukraine had been placed in orphanages in Kursk and Nizhny Novgorod before being sent to live with families in the Moscow region. As of mid-October, 800 children from Ukraine’s eastern Donbas area were living in the Moscow region, many with families, according to the Moscow regional governor.

UN report on alleged war crimes: The UN on Thursday said in a report that war crimes perpetrated by Russia included “attacks on civilians and energy-related infrastructure, wilful killings, unlawful confinement, torture, rape and other sexual violence, as well as unlawful transfers and deportations of children.”

So, will Putin actually be arrested?: Probably not.

Anyone accused of a crime in the jurisdiction of the court, which includes countries that are members of the ICC, can be tried. The court tries people, not countries, and focuses on those who hold the most responsibility: leaders and officials. While Ukraine is not a member of the court, it has previously accepted its jurisdiction.

The ICC does not conduct trials in absentia, so Putin would either have to be handed over by Russia or arrested outside of Russia. That seems unlikely.

CNN's editorial research department contributed to this post.

1:27 p.m. ET, March 17, 2023

Hungary will vote to approve Finland's NATO membership, ruling party leader says

From CNN’s Allegra Goodwin

A general view as the Hungarian parliament starts debating the ratification of Finland and Sweden's NATO membership in Budapest, Hungary, on March 1.
A general view as the Hungarian parliament starts debating the ratification of Finland and Sweden's NATO membership in Budapest, Hungary, on March 1. (Bernadett Szabo/Reuters)

Hungary’s ruling party plans to approve Finland’s accession to NATO in a vote later this month, it said in a statement Friday.

The parliamentary vote will take place March 27, and the group will vote unanimously in support of Finland's bid, the leader of the ruling Fidesz Party, Máté Kocsis, said in a statement. 

Kocsis said the group would decide later on Sweden’s case for joining the military alliance.

Turkey, which announced earlier Friday that it would approve Finland's membership, and Hungary have been the holdouts blocking both Nordic nations' accession.

Western officials had generally considered getting Turkey's blessing the most significant hurdle to NATO expansion.

More background: Finland announced its intention to join NATO in May, along with Sweden, after Russia’s invasion of Ukraine caused a sudden shift in attitudes toward joining the bloc.

That announcement was welcomed by almost all of NATO’s leaders, but under NATO rules just one member state can veto a new applicant’s membership.

Turkish President Recep Tayyip Erdogan put a spoke in the wheel when he said he was not looking at both countries joining NATO “positively,” accusing them of housing Kurdish “terrorist organizations."

Friday’s announcement clears the way for Finland’s accession, but Sweden’s application has been stalled by Ankara’s accusations, which Sweden denies.

CNN's Yusuf Gezer, Amy Cassidy and Jack Guy contributed to this report.