Song Yanhui: Why didnt Putin attend the physical meeting of the South African BR

Source: United News Network

Author: Song Yanhui

Brazil (B), Russia (R), India (i), Mainland China (C), and South Africa (S), the total area of the world's territory (B), Russia (R), India (I), and South Africa26%, the population accounts for 42%of the world's total population.The establishment of this National Group's main purpose will conduct cooperation dialogue on issues such as economy, enterprises, and trade.

The five BRICS countries are deemed to challenge the organization of the rules of international financial game rules that may challenge the G20 National Group.At the beginning of June this year, foreign ministers of the BRICS Five Kingdoms held talks in South Africa. In addition to calling for "re -balance" world order, they also discussed the search for the US dollar alternative currency.

Both Mainland China and Russia have expressed their support to expand the number of national members of the BRICS Group.Russian Foreign Minister Sergey Lavrov said that more than 10 countries expressed their intention to join the BRICS Group, including Saudi Arabia, Iran, and the United Arab Emirates.It is said that Venezuela, Argentina, and Algeria have submitted a formal application.

Since 2009, the BRICS countries have held a total of 14 summits.From 2020 to 2022, the 12th to 14th BRICS Five Kingdoms Summit was affected by the epidemic, and the visual news method was held.After the epidemic, the rotating national South Africa will hold the 15th BRICS Summit in late August this year.

Russia officially announced that President Putin will attend the Summit's physical meeting.But in March of this year, the International Criminal Court (ICC) accused Russian President Putin committed the Roman Court of the International Court of the International Criminal Court, hereinafter referred to as the crime of war referred to in Article 8 of the Rome Roman Statistory, and arrested himmake.Later, whether Putin participated in the summit caused South Africa to be trapped in major foreign laws.

South Africa attaches great importance to maintaining a good government, scriptures, and diplomatic relations with Russia. Therefore, when Western countries have condemned Russia's war on Ukraine and imposed sanctions against Russia, South Africa announced a neutral policy in the Russian and Ukraine War and decided not to join the WestState's sanctions on Russia.South Africa also stated that once Putin decided to attend the BRICS Summit, he would exempt him from diplomatic.

South Africa also attaches great importance to bilateral relations with the United States, and the United States not only pressures South Africa to join the ranks of sanctions in Russia, but also requires South Africa to arrest Putin in accordance with the Roman Statue.Ironically, the United States is not a Roman Roman State, and India, Mainland China, and Russia in the five BRICS countries are not members of ICC.

Putin attended the two international law issues derived from the BRICS Conference.First of all, according to international law, the head of state does enjoy diplomatic exemption, but whether this right has formed a habit of international law rules, and whether it is applicable to the crime of war, humanitarian crime, and the jurisdiction of racial slaughter in international criminal law.There are still controversy in practice and academic circles.

Secondly, in South Africa, which is a contracting country of the Roman Rome, in accordance with Article 98, if Putin is arrested, it will allow South Africa to violate the regulations of the Russian heads of diplomatic exemption from the Russian heads of state under the international law.Article 27 The regulations that "the head of state must not have the state's official identity and have the defense of exemption of responsibility" decided not to give Putin's jurisdiction for exemption and fulfill the treaty obligation to arrest Putin.Observing the current international criminal law cases, it seems that the application of Roman Period and the ninth part of the cooperation obligations is higher than the provisions of Article 98 on the agreed diplomatic exemption and the consent of the state.

In the appeal of the Prosecutor, the prosecutor of the ICC in 2019, the appealed case of Prosecutor VS. Omar Hushan Ama Diberbas, Jordan, pointed out that there is no national convention (State Practice)) It can support the existence of the international court's head of state exemption from the head of state of the international court.Bahill was a former president of Sudan and was accused of being warrant and arrest warranty by the ICC in Dharma, Sudan Dharma, to be harmed in the western Sudan.

In June 2015, South Africa was required to be arrested by ICC to the South Africa to attend the former Sudan President Bahill, a former African Union Summit.Although the South African High Court made a ruling of arrest, Bashil took the opportunity to leave South Africa.

Performing the Roman Statisto cooperation obligations and arresting President Putin, who attended the BRICS Summit in the ICC, the South African government has suffered various politics, diplomacy, and legal pressure.Cyril Ramaphosa, South Africa President, actively negotiated with Russia and exchanged opinions with Brazil President Lula, Chinese President Xi Jinping, and Indian Prime Minister Modi, asking Putin not to attend.On July 17, the Ministry of Justice of South Africa issued a Putin arrest warrant to the prosecutor Chief Batti.

Although Putin agreed not to attend the BRICS Summit's physical meeting, it was said that it would still be involved in video. This is a wise move.If he insists on participating, he will face the risk of arrest, and the bilateral relations between Russia and South Africa will inevitably be damaged.

Putin's decision is not the result of relevant national diplomatic discounts, negotiation, and comprehensive consideration of national interests.Brazil, which will host the 16th BRICS Summit next year, announced the abandonment of the hosting right and renamed Russia.Although on the surface, Brazil said that the reason for abandoning the hosting right is to host the G -20 summit next year. I am afraid that I can't get busy, but the main reason may be that Brazil, which is a Roman law, cannot avoid the legal obligation of ICC to arrest Putin!

The author is the director of the International Law Society