Ukraine has urged Mongolia to arrest Russian President Vladimir Putin ahead of his visit to the country next week, his first to an International Criminal Court (ICC) member state since the body issued a warrant for his arrest.
The court alleges Mr Putin is responsible for war crimes, saying he failed to stop the unlawful deportation of children from Ukraine to Russia since the conflict began.
An ICC spokesperson told the BBC that Mongolian officials “have the obligation” to abide by ICC regulations, but clarified that this did not necessarily mean an arrest had to take place.
The Kremlin said it had “no worries” about the visit, which is slated to take place next Tuesday.
“We have an excellent rapport with our partners from Mongolia,” Kremlin spokesperson Dmitry Peskov told reporters in Moscow.
“Of course, all aspects of the president’s visit have been carefully prepared.”
Dr Fadi el-Abdallah, a spokesperson for the ICC, told the BBC on Friday that court States Parties – including Mongolia – “have the obligation to cooperate in accordance with the Chapter IX of the Rome Statute” – the agreement which set up the court.
The agreement says in some circumstances, states may be exempted from the obligation to carry out an arrest where they would be forced to “breach a treaty obligation” with another state or where it would violate “diplomatic immunity of a person or property of a third state”.
“In case of non-cooperation, ICC judges may make a finding to that effect and inform the Assembly of States Parties of it. It is then for the Assembly to take any measure it deems appropriate,” Dr el-Abdallah said.
The court alleged last year that the Russian president was responsible for war crimes, focusing on the unlawful deportation of children from Ukraine to Russia. It has also issued a warrant for the arrest of Russia’s commissioner for children’s rights, Maria Lvova-Belova, for the same crimes.
It said the crimes were committed in Ukraine from 24 February 2022 – when Russia launched its full-scale invasion.
Moscow has previously denied the allegations and labelled the warrants as “outrageous”.
The ICC has no powers to arrest suspects, and can only exercise jurisdiction within its member countries.
Ukraine’s foreign ministry said it hoped Mongolia was “aware of the fact that Vladimir Putin is a war criminal” and called on the country’s authorities to arrest the Russian leader and hand him over to prosecutors at The Hague, the seat of the ICC in the Netherlands.
The BBC has approached the Mongolian embassy in London for comment.
Last year, Mr Putin cancelled a visit to a summit in South Africa following the ICC warrant for his arrest.
As a signatory to the court, South Africa should detain suspects in its territory, but President Ramaphosa warned Russia would see this as a declaration of war.
Mr Ramaphosa said the decision for the Russian leader to not attend was “mutual”.
The BBC has contacted the Mongolian Embassy for a comment.
Note: This article has been updated following clarifications from the ICC.
