Mongolia and the Rome Statute: Legal Challenges and Strategic Responses in the ICC Framework

Abstract

This paper analyzes the legal and geopolitical implications of Vladimir Vladimirovich Putin’s 2024 visit to Mongolia, which triggered one of the first cases where a State Party to the Rome Statute of the International Criminal Court was found non-compliant under Article 87(7) for failing to arrest a sitting head of state subject to an ICC warrant. The study examines the intersection of international law and geopolitical realities, highlighting how major powers’ non-membership in the International Criminal Court (ICC) creates uneven standards for compliance. It argues that Mongolia’s inability to appeal the ICC decision reflects not only diplomatic constraints but also gaps in domestic legal and institutional mechanisms—particularly under Article 97, which allows states to formally notify the Court of cooperation difficulties. Drawing on comparative analysis of the Omar al-Bashir case and Germany’s implementation model, the paper identifies legal reforms needed to embed complementarity principles and establish clear institutional frameworks. It concludes that strengthening national legal systems is essential for smaller states to navigate between legal obligations and geopolitical pressures, ensuring both compliance and sovereignty protection.