Guest Post by Miriam Judith
Mexican President Andres Manuel Lopez Obrador has rejected a request from Ukraine to arrest Russian President Vladimir Putin if he attends the inauguration of the country’s next president in October.
The request, issued through Ukraine’s Mexican embassy on August 7, calls on Mexico to act on an arrest warrant from the International Criminal Court (ICC), which accuses Putin of war crimes.
Ar a press conference, López Obrador responded to Zelensky’s request order stating, “We can’t do that. It’s not up to us.”
The request came after President-elect Claudia Sheinbaum’s team invited Putin to the October 1 inauguration and sent a “diplomatic notice” to all nations with which Mexico has diplomatic relations.
By inviting Putin, Sheinbaum’s team appears to be prioritizing Mexico’s diplomatic relations with Russia over its membership in the ICC. This move might reflect a broader strategy to strengthen ties with Russia which should concern the United States, with the potential of WWIII looming large.
Mexico’s refusal to act on the ICC warrant raises broader questions about the court’s authority and the implementation of an international justice system. The decision is just another example fueling debates about how international legal rulings are implemented and how states balance these with their diplomatic and sovereign interests.
The United States has had a notably complex relationship with the ICC, marked by periods of engagement and resistance. The ICC was established in 2002 with the aim of prosecuting individuals for crimes such as genocide, war crimes, and crimes against humanity.
However, many critics remain skeptical of the ICC’s jurisdiction and authority.
One major instance illustrating the U.S.’s cautious approach occurred in 2002 when President George W. Bush signed the American Service-Members Protection Act (ASPA). This legislation, also known as the “Hague Invasion Act,” aimed to protect U.S. military personnel from ICC jurisdiction.
The ASPA authorized the use of military force to free any American detained by the ICC and also restricted U.S. funding to the ICC. This act highlighted the U.S.’s concerns over the potential for the ICC to exert jurisdiction over American nationals and military actions.
While there have been instances of U.S.-ICC cooperation—such as during the Obama administration, which supported investigations into Darfur and Libya—the relationship has remained largely antagonistic. Tensions were exacerbated during the Trump administration when he imposed sanctions on ICC officials investigating alleged U.S. war crimes in Afghanistan, further straining ties between the U.S. and the ICC.
Additionally, due to concerns about compromising national sovereignty and the potential for politically motivated prosecutions, the U.S. has not ratified the Rome Statute, which is the treaty that established the ICC.
These concerns are echoed in the broader international community as the ICC struggles to balance its goals with national sovereignty and political interests.
Mexico’s decision to disregard Ukraine’s request illustrates the persistent conflict between international legal jurisdiction and national sovereignty. While the ICC touts its role in addressing severe international crimes, its effectiveness and the applicability of its mandates are increasingly challenged by complex political realities.
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