In this discussion, Daniel Krcmaric, an academic and author focused on international justice, dives into the complexities surrounding the International Criminal Court's arrest warrant for Vladimir Putin. He examines the challenges of prosecuting a sitting leader, the implications for international law, and the historical context of accountability post-Nuremberg. The conversation raises vital questions about the balance between justice and peace, and the potential double standards in how leaders are treated under international law.
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insights INSIGHT
ICC Jurisdiction in Ukraine
The ICC can prosecute crimes committed in Ukraine if Ukraine doesn't investigate or prosecute them.
This applies to war crimes, crimes against humanity, and genocide, given Ukraine's ICC involvement.
insights INSIGHT
Case for Prosecuting Putin
Prosecuting Putin at the ICC supports Ukrainians and deters future war crimes.
It also strengthens the ICC's legitimacy by holding powerful figures accountable.
insights INSIGHT
ICC Legitimacy and Double Standards
The ICC's legitimacy isn't solely tied to Putin's prosecution, but the focus on him reinforces double standards.
Lack of prosecutions for crimes in other conflicts weakens the ICC's standing in the Global South.
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The Justice Dilemma examines the changing landscape of international justice and its impact on leaders who might seek exile. It argues that the traditional 'golden parachute' of exile is no longer a viable option for oppressive rulers due to increased accountability measures. The book provides both quantitative and qualitative evidence to assess how international justice shapes patterns of exile, civil war duration, and mass killing onset.
East West Street
On the Origins of Genocide and Crimes Against Humanity
Philippe Sands
This book by Philippe Sands delves into the lives and work of two Jewish lawyers, Hersch Lauterpacht and Raphael Lemkin, who were instrumental in creating the legal concepts of crimes against humanity and genocide. The narrative intertwines their personal and intellectual journeys with Sands' own family history, connecting the development of human rights law to the aftermath of the Second World War. It is a blend of history, human rights theory, and autobiographical elements, offering a profound and gripping account of the origins of international criminal law.
On the 17th March 2023, just over a year into Russia’s war in Ukraine, the International Criminal Court issued two arrest warrants. One for Vladimir Putin and one for Maria Lvova-Belova, whose title is Commissioner for Children’s Rights in the Office of the President of the Russian Federation. Some viewed these arrest warrants as a fundamental point of progress and justice in the war. Others raised concerns about the feasibility and potential consequences of prosecuting a sitting head of state.
Throughout history, leaders accused of war crimes have faced varying degrees of accountability and Putin’s case raises important questions about legal frameworks, the role of international institutions like the International Criminal Court, and the challenges involved in holding high-ranking officials responsible for their actions.
On this episode of the podcast, we analyse the implications of prosecuting Putin for war crimes - with Philippe Sands, lawyer and author of East West Street: On the Origins of Genocide and Crimes Against Humanity - and Daniel Krcmaric, academic and author of The Justice Dilemma: Leaders and Exile in an Era of Accountability. Our host is journalist and academic Philippa Thomas.
Intelligence Squared 
