International Law: Examining Russia's ICC Withdrawal and Implications

This essay delves into Russia's withdrawal from the International Criminal Court (ICC) by examining the legal framework surrounding treaty obligations and state responsibility. It highlights Russia's initial signing of the Rome Statute in 2000, its subsequent failure to ratify it, and the eventual withdrawal in 2016 following the ICC's judgment against Russia's actions in Crimea. The analysis explores the Vienna Convention on the Law of Treaties, particularly Article 18, which addresses the obligations of signatory states. Despite not ratifying the Rome Statute, Russia's actions as a signatory still carry legal weight, potentially holding them accountable for actions taken during that period. The essay concludes by noting ongoing international scrutiny of Russia's role in Crimea and efforts to bring those responsible to justice, emphasizing the importance of upholding international law and accountability for war crimes and human rights violations. Desklib offers a wealth of similar essays and study resources for students.

Running Head: International Criminal Court
International Criminal Court
Russia’s Withdrawal
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International Criminal Court
Table of Contents
Introduction................................................................................................................................2
Signing.......................................................................................................................................2
Ratification.................................................................................................................................2
International Treaties on Withdrawal.........................................................................................2
Bibliography...............................................................................................................................4
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Introduction
On 16th November 2016, Russian President signed an executive order to withdraw
from International Criminal Court. Russia pulled out from Rome Statute which gives powers
and status to International Criminal Court. Russia signed Rome Statute in 2000 but never
ratified it (Russia: Decision to pull out of the Rome Statute is a blow to international justice,
2016). The reason for withdrawal was that International Criminal Court gave its judgment
against Russia when Russia seized Crimea peninsula in Ukraine in 2014. ICC said that it was
an armed conflict. At that time, Russia was u der severe pressure when it did airstrikes in
Syria and bombed the civilians. In 2008, Russia was alleged doing war crimes. Its
headquarters is Hague, Netherlands and it is an international tribunal. It came into force
through Rome Statute in 2002. It is having the authority to prosecute accused for
international crime like crimes related to war, crime against humans and mass murder (Russia
withdraws from International Criminal Court ... , 2016).
Signing
To establish any treaty, the representatives of each country held a conference meeting.
They agree on the terms and conditions which will be binding on every signatory country.
After reaching to the agreement, the treaty will be signed by the representatives of the
countries. When the treaty is signed then it is inferred that the country will be complying
with the treaty and its provisions but it not binding.
Ratification
After the treaty is signed, the member states have to comply according to national
procedure. There is different procedure in different countries but mostly it is done through
approval by Parliament of the respective country. After approval of applying in domestic law,
the country will notify the other members of the treaty that the treaty binds them. This
process is Ratification. The treaty is biding on the state now.
International Treaties on Withdrawal
As Russia was a signatory country to the Rome Statue, so the procedure to withdraw
from the treaty is quite easy. If Russia would have ratified the treaty then Russia had to enact
the treaty in their domestic level. To show the consent, the country has to implement in their
domestic law under Article 14 of Vienna Convention on Law of Treaties. Russia should have
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given 12 months’ notice period instead of suddenly backing out within purview of Article 56
of the Treaty.
The vital point to be noticed that Russia never ratified the Rome Statute and it was
only signatory. Article 12 (2)(b) of Vienna Convention on the Law of Treaties states that a
spokesperson of the state might sign the “ad referendum” which means that the state will
confirm the signature (Vienna Convention on the law of treaties (with annex) Concluded at
Vienna on 23 May 1969, 1980). Article 18 of the Vienna Convention on Law of Treaties
expressly states that when a country signs a treaty then the obligation is created that every
state who has signed should not do any act which might be against the objective and purpose
of the treaty (Palchetti, 2011).
Russia was not under the authorisation of the International Criminal Court. Russia
said that the International Criminal Court failed to serve as arbitrator who is unbiased and
authoritative in international law. Russia further said that the people of Crimea gave their
consent to take over their city and it was legal (Nechepurenko & Cumming-Bruce, 2016).
International Criminal Court is the primary body which deals with the issue of war crimes
and genocides and to maintain international peace. It is not that much effective as in last 14
years it solved only four cases related to international war crimes and genocides. Russia has
withdrawn from the ICC Statute and Russia is free from any obligations of the treaty.
However, the point to be noted that Russia did the act when it was the signatory of the Statute
so the obligation does not end and they are still liable for what they did in Ukraine’s territory.
They still bear the responsibility for breach of obligation.
Article 37 of the Draft Articles says about the responsibility of the state that state is
responsible for any immoral and illegal conduct done at international level and to satisfy the
act, the state has option to accept the breach, apology or an expression of guilt (International
Law Commission Report, 2019). Not only Ukraine but also the third committee of the United
Nations’ General Assembly and Parliamentary Assembly of the Council of Europe do invoke
the role of Russia in occupation and armed conflict in Crimea. They want that the person who
is responsible for the act should be bought in front of the International Criminal Court
(Sayapin, 2016).
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Bibliography
International Law Commission Report. (2019, May 25). Retrieved from International Law
Commission, Articles on State Responsibility:
https://casebook.icrc.org/case-study/international-law-commission-articles-state-
responsibility
Nechepurenko, I., & Cumming-Bruce, N. (2016, November 16). Russia Cuts Ties With
International Criminal Court, Calling It ‘One-Sided'. Retrieved from The New York
Times: https://www.nytimes.com/2016/11/17/world/europe/russia-withdraws-from-
international-criminal-court-calling-it-one-sided.html
Palchetti, P. (2011, September). Article 18 of the 1969 Vienna Convention: A Vague and
Ineffective Obligation or a Useful Means for Strengthening Legal Cooperation?
Retrieved from Oxford Scholarship:
https://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199588916.001.00
01/acprof-9780199588916-chapter-2
Russia withdraws from International Criminal Court ... . (2016, November 17). Retrieved
from GkToday: https://currentaffairs.gktoday.in/russia-withdraws-international-
criminal-court-11201637169.html
Russia: Decision to pull out of the Rome Statute is a blow to international justice. (2016,
November 16). Retrieved from Amnesty International:
https://www.amnesty.org/en/latest/news/2016/11/russiadecision-to-pull-out-of-the-
rome-statute-is-a-blow-to-international-justice/
Sayapin, S. (2016, November 21). Russia’s Withdrawal of Signature from the Rome Statute
Would not Shield its Nationals from Potential Prosecution at the ICC. Retrieved from
EJIL: Talk: https://www.ejiltalk.org/russias-withdrawal-of-signature-from-the-rome-
statute-would-not-shield-its-nationals-from-potential-prosecution-at-the-icc/
Vienna Convention on the law of treaties (with annex) Concluded at Vienna on 23 May 1969.
(1980, January 27). Retrieved from Multilateral:
https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i-18232-
english.pdf
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