On October 24, 2024, Russian President Vladimir Putin (R), greeted UN Secretary General Antonio Guterres at their bilateral meeting, which took place on the sidelines the BRICS Summit in Kazan, Russia. (Alexander Nemenov / POOL / AFP through Getty Images).
During the celebration of UN Day in The Hague, the president of the International Criminal Court expressed his “high appreciation” of the United Nations‘ cooperative relationships. However, a troubling event occurred 3,000 kilometers from The Hague, in Kazan, Russia. UN Secretary-General Antonio Guterres shook hands, smiling and bowing, with Russian President Vladimir Putin – the person that the ICC is seeking to arrest.
This meeting raises serious moral concerns. It demonstrates a blatant disrespect for the Ukrainian children forcibly deported during Russia’s war on Ukraine — charges that Putin is wanted for by the ICC. This encounter is not just about the emotional implications. It also undermines the principles the UN should uphold.
As I argued in EJIL:Talk!, the European Journal of International Law blog, the UN adopted guidelines to regulate meetings between UN Secretariat employees and individuals subjected to arrest warrants by the ICC. According to these guidelines there should be no meetings between UN officials, and individuals subject to ICC warrants. In a joint declaration, Truth Hounds along with several other Ukrainian NGOs analyzed this legal framework extensively and demonstrated that such a meeting was not justified.
Moreover, UN Principles clearly state that “ceremonial meeting” or “standard courtesy call” should not be made to those who are subject to ICC arrest warrants. The same is true for receptions and photo opportunities as well as attendance at national celebrations. The photo of Guterres’ and Putin’s meeting is enough to speak for itself.
A 2004 agreement between UN and ICC requires that the UN refrain from taking any action that could impede ICC and prosecutor’s activity or undermine their authority.
How can we expect to “strengthen the rule of law on the international stage and bring accountability and justice to all” if representatives of international organisations ignore these written rules, as the ICC president has stated?
Guterres meeting with Putin is not a way to strengthen the rule-of-law or bring justice and accountability. It undermines the public perception of ICC authority and suggests a regularization of international contacts with potential war crimes.
Professor of international law Sergey Vasiliev asked, “What grand humanitarian strategies may have led the UNSG to shake hands with Putin and bro-hug the Belarusian dictator Alexander Lukashenka?”
On October 24, the ICC determined that Mongolia had failed to cooperate with the arrest and surrendering of Putin during his visit to the capital in September. Guterres’ reckless behavior does not encourage a more serious attitude from states towards ICC arrest warrants. Will ICC officials comment on Guterres’ actions? Time will tell.
It appears that the disregard or negligence of UN officials towards the principles of the UN, and international law, is not an isolated incident. Virginia Gamba, UN Secretary-General’s special representative for children and armed conflict, visited Moscow in May 2023 to meet Maria Lvova Belova, Russian Commissioner for Children’s Rights, another ICC suspect of war crimes against minors. Gamba released a general statement claiming that the “guidance provided by the UN was properly followed in this case.”
According to Ryan Goodman, co-editor and founder of the international law website Just Security, the meeting was heavily criticized by human rights groups, including Human Rights Watch, Amnesty International, and scholars of international criminal and humanitarian law.
Despite the backlash, despite the fact that the ICC submitted its annual report to the UN General Assembly on 2022-2023 activities, it did not mention the Gamba, Lvova, and Belova meeting. The Secretary-General’s 2023 annual report on the UN-ICC Relationship did not mention the meeting, or justify its need. The only information relevant was that the UN continues to refrain from taking actions that could undermine the Court’s authority or activities.
The problem is not just the meetings themselves, as the guidelines allow them in extreme circumstances. It also extends to an apparent lack of accountability when justifying these visits. The public may think that the UN is careless and casual about such meetings. UN representatives do not encourage open discussion or provide proper justification. Instead, they hide behind general remarks on compliance.
Those involved in the incident will feel free to continue meeting with ICC suspects, without any explanation. It is time for all parties to react quickly to the Guterres/Putin incident.
First, it is essential to establish whether the UN Office of Legal Affairs, as per the 2016 Best Practices Manual for United Nations-International Criminal Court Cooperation, informed the ICC’s prosecutor and the president of the Assembly of States Parties about the Guterres-Putin meeting in advance. This letter should explain why the meeting was necessary and be made public so that society can understand the reasoning behind it.
Second, Guterres as Secretary-General must explain the reasons for his meeting with Putin. A detailed public statement, along with a private briefing of the Office of the Prosecutor-General, should follow.
Third, the president of ICC’s Assembly of States Parties, should seek an explanation from Guterres in such cases. The Assembly can also invoke UN-ICC Article 15(2) in order to ask Guterres for an explanation regarding any breach of the UN Charter or Rome Statute.
The UN Secretary-General declined Ukraine’s invitation for the first Global Peace Summit to be held in Switzerland. He accepted the invitation from war criminal Putin to Kazan. This is a bad choice that will not advance the cause for peace. It will only damage the UN’s image. — MFA of Ukraine, October 21, 2024
The ICC and the Office of the Prosecutor must also react to the meeting as it undermines the credibility of the ICC decisions. According to Article 18, the UN-ICC Relationship Agreement states that the Office of the Prosecutor must request any information gained during Guterres’ meeting with Putin which may be useful for the investigations.
These steps, along with a strong response from human rights organizations, international law scholars and other experts, can help to ensure that any contact between UN officials, and individuals wanted by ICC, is thoroughly considered. These measures will ensure adherence with the guidelines on contacts with individuals subject to ICC arrest warrants as well as the UN-ICC Relationship Agreement.
Editor’s note: The opinions expressed by the authors in the op/ed section do not reflect the views of Kyiv Independent.
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