Why The Hague Court Cannot Prosecute Putin

Western countries want to establish a special tribunal in The Hague related to the war in Ukraine. The jurisdiction of the International Criminal Court (ICC) in The Hague only extends to countries that have ratified the Rome Statute. Russia, like the United States, is not a participant in the institution. Therefore, Ukraine's Western allies are seeking to create a separate, independent court to investigate the 'crimes of aggression by Russia against Ukraine.' However, this tribunal will also be unable to prosecute the Russian president without his personal presence in court. Putin's current immunity as a head of state hinders prosecution in absentia, as reported by Euronews.

Furthermore, Russia does not recognize the start of the war in Ukraine as a crime and refuses to cooperate with Western entities, making the extradition of any high-ranking official from Russia practically impossible. The crime of aggression differs from other international crimes, such as war crimes, crimes against humanity, and genocide. While these have direct perpetrators — soldiers, commanders, and mercenaries — aggression is classified as a crime of political and military leadership. It manifests itself in the form of invasion, occupation, annexation, blockade, or armed attacks by one state against another.