Civil society organizations call on the ICC to respond to UN Secretary-General's visit to Russia

There is only one exception: “in exceptional circumstances, to interact directly with a person who is the subject of an International Criminal Court arrest warrant. Where this is an imperative for the performance of essential United Nations mandated activities, direct interaction with such a person may take place to the extent necessary only”. 

At the same time, “the decision as to whether contact is strictly required in order to carry out United Nations mandated activities […] is to be made in the light of a careful consideration of all the circumstances.”

Given the public statements of the UN representatives, there is no attempt to justify Mr. Guterres’ visit to Russia and his meeting with Putin as part of “essential UN mandated activities.” There is also no information that the decision to visit and meet was made “after careful consideration of all the circumstances.” 

On the contrary, the available information suggests that the UN representatives used a general explanation, in particular, that it was of great importance to the UN since “the BRICS countries represent about half of the world’s population.” This general justification does not in any way take into account the presence at the event of a person accused by the International Criminal Court of committing war crimes. Thus, Mr. António Guterres’ visit can be regarded as ignorance of the provision that “the presence of United Nations officials at any ceremonial or similar occasion that is attended by any such person should be avoided”.

Another requirement, which allows a meeting between a UN representative and a person subject to an arrest warrant, was also ignored, namely: “in order to address fundamental issues affecting the ability of the United Nations and its various offices, programmes and funds to carry out their mandates in the country concerned, including vital matters of security”.

Among the undoubtedly important topics of the planned meeting – Ukraine, Gaza and freedom of navigation in the Black Sea — there are no topics that “affect the ability of the United Nations and its various offices, programmes and funds to carry out their mandates in the country concerned,” i.e., Russia. Thus, this further undermines the legitimacy of Mr. Guterres’ visit to Russia and his meeting with the Russian president.

It is important to note that in 2004, the Relationship Agreement between the United Nations and the International Criminal Court was adopted. This agreement requires the UN to refrain from any action that could impede the activities of the Court and its various organs, including the Prosecutor, or undermine the authority of their decisions.

The personal meeting of Mr. António Guterres with Mr. Putin and their discussion of the war in Ukraine, in the context of which the ICC issued an arrest warrant against Vladimir Putin (for the war crimes of illegal deportation of children and illegal transfer of children from the occupied territories of Ukraine to the Russian Federation), may undermine the authority of the decisions of the Prosecutor and the Trial Chamber of the International Criminal Court.

Finally, the 2016 UN Manual on Cooperation with the ICC establishes a procedure according to which “the UN Office of Legal Affairs informs the Prosecutor of the Court and the President of the Assembly of States Parties to the Rome Statute in advance of such meetings. The letter informs the Court of the meeting and explains why it is considered necessary”. It is currently unknown whether such notification was made in advance and how the need for such a meeting was substantiated.

It is also worth mentioning the meeting between the UN Secretary-General’s Special Representative for Children and Armed Conflict, Virginia Gamba, with the Russian Federation Commissioner on Children’s Rights, Maria Lvova-Belova, in May 2023. This incident caused a wave of criticism due to its unjustified nature. Todd Buchwald, Special Coordinator for Global Criminal Justice, noted that the UN representative could have become a witness in the ICC case, as Maria Lvova-Belova could have made statements during the meetings that would have been relevant to the investigation. According to the Relationship Agreement with the ICC, the UN is obliged to cooperate, including by providing information or documents at the request of the Court or the Office of the Prosecutor.

In general, the UN Secretary-General, as the highest official of the organization, is not an independent figure and reflects the common position of the member states. Official visits and meetings with persons who are subject to an ICC arrest warrant on charges of committing an international crime appear to be a demonstrative disregard for the decisions of international justice bodies. This is an apparent violation of the rules of the organization itself and indicates the normalization of contacts with potential war criminals at the international level.

Such actions look especially cynical in light of the activities of the UN Human Rights Monitoring Mission in Ukraine, which in its periodic reports inform about systemic and numerous cases of serious human rights violations against civilians in Ukraine during the war and call on eyewitnesses to report these facts to UN representatives.