A warrant for a warrant. Moscow adds International Criminal Court leadership to wanted list for “illegal prosecution” of Russians and “provoking a war”

In a statement released today, the Investigative Committee said its investigation was complete against nine ICC officials, whom it accused of “violating Russian legislation, related to the illegal prosecution of Russian citizens.” The case, the release noted, was “opened immediately” after the ICC’s actions.

The list of those charged in absentia includes the ICC prosecutor, Karim Khan, and its president, Piotr Hofmański.

Also named are Hofmański’s deputies, Luz del Carmen Ibáñez Carranza, Bertram Schmitt, and René Alapini-Gansou, alongside judges Tomoko Akane, Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez, and Haykel Ben Mahfoudh.

The charges filed against the group include Article 299 of the Russian Criminal Code, for “bringing a knowingly innocent person to criminal liability,” and Article 301, for “knowingly illegal detention.”

The escalation coming from Moscow, however, is especially unique because it involves charging the judges under Article 360, which relates to “the preparation... of an attack on a representative of a foreign state... for the purpose of provoking war or complicating international relations.”

While the statement does not mention the exact reason for prosection, the theatrical escalation appears to be a response to the 2023 arrest warrant for Vladimir Putin over war crimes in Ukraine—which, in effect, would equate prosecuting Vladimir Putin over war crimes with an attempt to provoke a war.

Russian IC’s statement concludes with the Investigative Committee announcing that all nine ICC officials “have been declared on the international wanted list and arrested in absentia.”

In March 2023, the International Criminal Court issued arrest warrants for Russian President Vladimir Putin and Children’s Rights Commissioner Maria Lvova-Belova for their alleged responsibility for the war crime of unlawfully deporting and transferring Ukrainian children from occupied territories to Russia.

Russia, did not ratify the Rome Statute after initially signing it, so it claims not to be under ICC’s jurisdiction. While Vladimir Putin cancelled several international trips after the warrant was issued, he later defied the court by visiting Mongolia in September of last year. Mongolia is a state party to the Statute, but a Mongolian government spokesperson justified the decision, citing the country’s energy dependence and its adherence to “a policy of neutrality.”

The visit prompted a formal rebuke; the ICC’s Pre-Trial Chamber issued a “Non-Cooperation Finding” against the country on October 24, 2024. Mongolia tried to appeal this decision but failed, and the matter of its non-compliance was subsequently referred to the court’s Assembly.