I mandati di arresto della Corte penale internazionale nei confronti del Presidente della Federazione russa e del Commissario per i diritti dei fanciulli

The arrest warrants against Vladimir Putin, President of the Russian Federation, and Maria Lvova-Belova, Russian Commissioner for Children’s Rights, alleging responsibility for the unlawful deportation and transfer of children during the Russian invasion of Ukraine, mark an unprecedented practice under international criminal law and raise several questions. It is the first time that an arrest warrant has been issued against the leader of a permanent member of the United Nations Security Council. After a brief analysis of the jurisdiction and the procedural and substantive law applicable to the case, the paper focuses on three major issues: the possibility of an arrest with reference to immunity; the appropriateness of establishing a separate special tribunal with reference to the crime of aggression; and the role of the Security Council, on the one hand, and of national courts, on the other. At the end, some remarks are developed as to the prosecution policy pursued by the two arrest warrants.