On Thursday, October 24, 2024, the International Criminal Court (ICC) Pre-Trial Chamber II unanimously found [3] that Mongolia violated its obligations under the Rome Statute by failing to comply with the Court's request to arrest and surrender Vladimir Putin while he was visiting Mongolia recently. In particular, Article 87(7) of the Statute reads:

Where a State Party fails to comply with a request to cooperation by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of State Parties....

Three days prior to Putin's arrival, Mongolia filed a request to hold consultations under Article 97 of the Statute and argued that the request should not be treated as a refusal to comply with the Statute, but rather as evidence of Mongolia's compliance. This argument was rejected by the Pre-Trial Chamber, which noted the lateness of the request and held that the request was not aimed at meaningfully resolving the problem at hand. Moreover, the Court noted that consultations to do have any impact on the Court's request for cooperation. 

Mongolia also unsuccessfully argued that Putin enjoys absolute immunity from ICC proceedings and that therefore, arresting him would violate the international law of diplomatic immunity. The Pre-Trial Chamber found that "the issue under consideration is neither whether there exists immunity for Heads of State under customary international law vis-à-vis an international court, nor whether non-States Parties are bound by the provisions of the Statute." Rather, the Court is seeking the cooperation of States Parties in cases against individuals who allegedly committed crimes under article 5 of the Statute on the territory of a State where the Court has jurisdiction." The Pre-Trial Chamber further held:

any arguable bilateral obligation that Mongolia may owe to the Russian Federation to respect any applicable immunity that international law may allow to Heads of State is not capable of displacing the obligation that Mongolia owes to the Court, which is tasked with exercising its jurisdiction on grave crimes of international concern that threaten the peace and the security of the States Parties to the Statute, and even of the international community as a whole. Given its nature and purpose, such a multilateral obligation cannot be altered or superseded by any bilateral commitments that may conflict with the Rome Statute’s objectives.