Can Putin be arrested on US soil over international Criminal Court arrest warrant? It's a bit...

Russian President Vladimir Putin is in Alaska for a summit with US President Donald Trump to discuss the Ukraine war, over which the International Criminal Court (ICC) had issued an arrest warrant for him. This begs the question: Can he be arrested on US soil? It's a bit complicated. Here is what you should know.

What was the ICC warrant on Putin for?

The ICC warrant dated 17 March 2023 against Putin was issued for war crimes related to the unlawful deportation of Ukrainian children during Russia’s invasion of Ukraine. The ICC, a United Nations court, prosecutes individuals for international crimes like war crimes.

Why can't the US arrest Putin over ICC warrant?

The United States cannot arrest the Russian leader for the ICC warrant because it is not a party to the Rome Statute.

Rome Statute is the treaty that established the ICC, which the US signed in 2000 but never ratified.
In 2002, then-President George W. Bush withdrew the US signature from the Rome Statute. This effectively removed any legal obligation for the US to cooperate with the ICC.
As a non-member, the US is not obligated to enforce ICC arrest warrants, including the one against Putin.

The US law has no mechanism to detain individuals based solely on ICC warrants, as the US does not recognise the ICC’s jurisdiction.

On the other hand, the American Service-Members’ Protection Act of 2002, also called the “Hague Invasion Act,” authorises measures to prevent ICC actions against US citizens or allies. This essentially means US opposition to the court’s authority and jurisdiction.

It's not easy to arrest a sitting head of state

Even if the US were to do so, there would be complex legal and diplomatic repercussions of arresting a sitting head of state like Putin, as international law lends immunity from foreign prosecution to such leaders.

Though the Article 27 of the Rome Statute rejects such immunity for its member states, it's hardly ever enforced in practice.

So, as it's not a member of ICC and would rather prioritise diplomatic relations and geopolitical realities, chances of US authorities arresting Putin on American soil are next to nil.

It would be fair to assume that Putin was given security assurances for his personal safety to facilitate the summit with Trump. Arresting him, on the other hand, would escalate tensions.

Already, Putin backers like former President Dmitry Medvedev have warned that any such act would be seen as a “declaration of war.”