The International Criminal Court (ICC) ruled unanimously on Thursday that Mongolia violated Rome Statute by failing to comply with its request to arrest and surrender Russian President Vladimir Putin during his recent visit to the Asian country. The court referred Mongolia’s non-compliance to the Assembly of State Parties (ASP), which oversees the administration of the court.

Pre-trial Chamber II of the ICC found that Mongolia refused to comply with its request for cooperation. Although Mongolia argued that its consultation filed under Article 97 of the Rome Statute conformed with the statute’s cooperative framework, the chamber did not agree. On the contrary, the chamber held that Mongolia’s request, filed a few days before Putin’s planned visit, did not allow sufficient time for the court to properly address the matter.

Mongolia also asserted that, as Russia’s head of state, Putin enjoys absolute immunity from ICC proceedings unless Russia waives it. Without such a waiver, Mongolia claimed that arresting Putin would violate international law with respect to diplomatic immunity under Article 98. However, the chamber rejected this argument, pointing out that Article 27 of the statute removes all immunities. It ruled that Mongolia is required to arrest and surrender Putin, emphasizing that its obligations to the ICC supersede recognizing personal immunity at the interstate level. The chamber noted that any other interpretation would obstruct the prosecution of serious crimes and undermine the Rome Statute’s goal of ending impunity for those who threaten global peace and security.

Having satisfied that Mongolia violated its international obligations under the statute, the chamber referred its non-compliance to the ASP under Article 87 of the statute and Regulation 109(4).

The Assembly of State Parties (ASP), established by Article 112 of the statute, consists of one representative from each State Party, each having one vote. After the chamber’s decision, the ASP may choose to convene an emergency Bureau meeting and provide recommendations on how to address the situation.

In August, Mongolia invited Putin to participate in ceremonies commemorating the 85th anniversary of the Soviet and Mongolian forces’ victory against Japanese troops. The ICC’s registry renewed the court’s request to cooperate with the arrest warrant issued in March 2023. In response, Mongolia filed a request seeking consultation with the ICC on the personal immunity issue on September 2, the same day Putin arrived in Mongolia.