Could Putin be arrested? President to leave Russia for first time since international arrest warrant issued

Kremlin earlier this year hinted Putin would visit China in October

Vladimir Putin is reportedly set to visit China this month in his first trip outside Russia since the International Criminal Court (ICC) issued a warrant for his arrest.

Before the warrant was issued in March the Russian president had only travelled to areas of Ukraine occupied by the Kremlin.

Prior to this, he went on a trip to Iran - an ally of Moscow that has supplied the Russian army with weapons and ammunition during the war.

China is also an ally of Russia, although Beijing has sought to present itself as neutral during the conflict while refusing to condemn Moscow’s alleged war crimes.

In August the Kremlin said it was working on a schedule for bilateral Russian-Chinese talks but did not give any further details.

Is there any chance Putin could be arrested in China?

The short answer is no - China is not a State Party to Part 9 of the ICC’s Rome Statute.

This essentially means that Beijing does not recognize the ICC and therefore is not under any obligation to follow its rules.

Putin and Xi Jinping, the Chinese president,   also declared a “no limits” partnership between their countries before Russian tanks rolled over the Ukraine border in February last year, suggesting that Beijing will continue to tacitly support Moscow throughout the conflict.

What is the ICC?

The ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community.

These are genocide, war crimes, crimes against humanity and the crime of aggression.

As a court of last resort, it seeks to complement, not replace, national courts and is governed by an international treaty - the Rome Statute

Part 9 of the statute says  that “States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.”

Putin with Chinese premier Xi (Sputnik)

How does the ICC work and when is a warrant issued?

The ICC does not prosecute those under the age of 18 when a crime was committed and before its prosecutor can investigate, they must conduct a preliminary examination considering such matters as sufficient evidence, jurisdiction, gravity, complementarity, and the interests of justice.

When investigating, the prosecutor must collect and disclose both incriminating and exonerating evidence and the burden of proof lies with the prosecutor.

Pre-trial judges issue warrants of arrest and ensure there is enough evidence before a case can go to trial.

Trial judges hear the evidence from the Prosecutor, Defence, and the Victims’ lawyers, render a verdict, and if a person is found guilty, the sentence and decision on reparations.

What is Putin accused of?

Kremlin has previously denied allegtion of war crimes in Ukraine (Photo by Contributor/Getty Images)

In March, an arrest warrant was issued against Putin and Russia’s commissioner for children’s rights, Maria Alekseyevna Lvova-Belova, for alleged war crimes committed by deporting Ukrainian children into Russia during the conflict.

Russian officials have claimed the children were taken in as a wartime humanitarian gesture.

Human rights groups have estimated that more than 19,000 children were deported and placed with Russian families.

The Kremlin has rejected the war crime accusations.

Meanwhile, Human Rights Watch said it has documented several cases of war crimes by  Russian military forces against civilians in occupied areas of the Chernihiv, Kharkiv, and Kyiv regions of Ukraine.

These include a case of repeated rape; two cases of summary execution, one of six men, the other of one man; and other cases of unlawful violence and threats against civilians between February 27 and March 14, 2022.

Soldiers were also implicated in looting civilian property, including food, clothing, and firewood.

The person who carried out the war crime is responsible for it, meaning Putin can not be charged over the alleged offences committed by his troops.

Could Putin be arrested in another country?

Yes. If he travelled to a country that recognises the ICC then that state would be responsible for detaining him under Part 9 of the Rome Statute.

“States parties have the obligation to cooperate with the ICC within the framework of part 9 of the Rome Statute,” the ICC says.

“In case of non-cooperation the court may make a finding and inform the Assembly of States Parties for the Assembly to take any measure it seems appropriate.”

Earlier this year the Russian leader avoided going to South Africa, which is an ICC signatory, to attend the BRIC summit - a grouping of Brazil, Russia, India, China and South Africa.

Turkish president Tayyip Erdogan also invited  Putin to visit Ankara for talks on a Black Sea grain deal, but he is now said to be considering traveling to Moscow himself. Turkey is not an ICC signatory.

You can view a full list of countries signed up to the ICC here.