Euroferify: What can the consumer price index do to implement arrest orders?

What they share Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu? International Criminal Court (ICC) He issued detention orders against both leaders.

In theory, CPI detention orders It is legally binding on the countries that have been believed to the 1998 founding law. The court is currently concerned With 125 member states, including all European Union countries, though The United States, China and Russia are not members.

Netanyahu’s trip to Hungary Earlier this month, his first visit was issued to a member state of the International Criminal Court since the arrest warrant was issued against him in November 2024 due to the alleged war crimes and crimes against humanity during the war between Israel and Hamas. Then the Israeli Prime Minister condemned the decision of the consumer price index as “anti -Semitism”.

Hungarian Prime Minister, Victor UrbanThis month this month said that the institution “deteriorated until it became a political tool,” and His government announced the withdrawal of Hungary By ICC hours after Netanyahu arrives, April 3.

but, The process is long and takes up to a year In completion after submitting an official written notice. This means that at the time of Netanyahu’s visit to Budapest, Hungary was legally obligated to stop To the Israeli Prime Minister under international law.

Are the active status heads immune under orders to arrest the International Criminal Court?

“The court was just for more than 20 yearsMahmoud Abu Easil, Vice President of the Hague Institute for International Justice, said, so we have few examples of cases where arrest orders were issued against heads of state.

“But in all these examples There seems to be the problem of compliance And the application of the statute. CPI judges They eliminated that there is no legal basis for that when they investigated the case of former Sudan President Omar Al -Bashir.

He was in power From 1989 to 2019, arrest orders were issued against him in 2009 and 2010 due to the alleged war crimes and crimes against humanity in Darfur. Elizabeth Evenson, director of the International Justice Program at Human Rights Watch, said, said Elizabeth Evenson, director of the International Justice Program at Human Rights Watch, Some countries claimed that the Bashair could not be arrested Because of his immunity as an active director of the state.

Consumer price index examined him “Although he is head of state, he did not enjoy immunity,” he told euronose.

According to legal experts, If a member state in the consumer price index views that it has sufficient reasons To cancel the arrest order, he must do this in consultation with the court. “As long as I know, I have not seen any consultation by the states or officials on how they could not be arrested by the head of state,” Abu Easel said.

So what are the competitions that the consumer price index has?

Consumer price index does not have its own police This depends on the cooperation of its members, which consists of 125 countries that occurred and attached to the Rome Law. In order to succeed ICCEvenson said that he needs to support governments, because their powers are limited, although court judges have the authority to make decisions and make rulings, but they only enjoy weight if the countries in the consumer price index make them to help them.

For example, When Mongolia Putin received last SeptemberCPI judges have spent the country He violated his legal obligations To investigate the arrest warrant against him.

In March 2023, The consumer price index accused Putin of war crime Hundreds of children illegally deported Ukraine, more than a year after Russia launched its great invasion. At that time, the Kremlin described the decision of a “empty and value” court.

But behind this, Judges could have requested a group of members of the International Criminal CourtIt is known as the assembly of the parties of states, to take new measures. The State Parties Association is legislative and supervising the administration of the court, and it is formed by representatives of the signed countries.

“It can be there Hanging voting rights in Mongolia At the Association of Parties to the States, suspend its ability to appoint candidates to the consumer price index, where the Mongol judge feels, “even though, his response was qualified by experts.

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“Until now, this Member of CPI members Evenson said, he was really hesitant to take action.

“It seems strange that this fact is to ignore arrest orders Abu Easil said: “It takes the products during the past fifteen years and that the court does not benefit from its powers to the strangeness of those responsible for violating an order.” “ICC has sanctions powersYou can order the prison sentences, which is severe, but it can also order fines against individuals. Although this seems somewhat fierce, there should be a deterrent element for countries that do not comply. “

Pressure mechanism

Although critics claim that the truth Consumer price detention orders can be disobedient It makes them useless, other jurists argue that they can work as a compression mechanism. Since the issuance of the arrest warrant against Putin In March 2023, no site from the International Criminal Court visited, with the exception of Mongolia last year. Meanwhile, Hungary is the only member state in the consumer price index that Netanyahu has visited since the issue was issued against him in November.

Although active status heads They seem to avoid orders to detention the consumer price index, and their validity does not end when they stop power. In early March, Former Filipini President Rodrigo Duttiti He was arrested by the country’s authorities under the detention of the underestimated price index Crimes against humanity It relates to the Filipino anti -drug war.

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“The Ducherte issue can be considered a kind of counter -example “He explains that the consumer price index detention orders can work,” Evenson said. A few years ago, a few people believed that it would be fulfilled. Although he is no longer an active head of the state, people who were in power can continue to protect them by governments. “