Guterres’ interaction with ICC-wanted individuals permitted only in exceptional cases – Kyslytsia

This was stated by Ukraine's Permanent Representative to the UN, Serhii Kyslytsia, in an interview with Ukrinform.

According to him, more than twenty years ago, the UN entered into an agreement concerning its relations with the International Criminal Court (ICC), which was approved during a General Assembly session.

"According to the general obligations outlined in this agreement, in 2013, the UN Secretary General issued guidelines regulating any potential meeting between a UN Secretariat representative and an individual against whom an ICC arrest warrant has been issued," Kyslytsia explained.

The guidelines stipulate that there may be instances where individuals against whom the ICC has issued an arrest warrant seek meetings with UN officials to demonstrate their disregard for the ICC and to attempt to undermine its authority. The UN is required to refrain from any actions that could hinder the Court's activities and its various organs, including the Prosecutor, or undermine the authority of its decisions.

Kyslytsia noted, "This is exactly how Putin behaved when he sent an invitation to the UN Secretary General to visit Russia for the BRICS summit."

Read also: Guterres to Putin: Russia’s invasion of Ukraine “viation of UN Charter”

The diplomat clarified that, according to the guidelines, there should be no meetings between UN officials and individuals who have an ICC arrest warrant issued against them. No formal meetings should be conducted with such individuals, and courtesy visits should be avoided. This also applies to receptions, photo sessions, participation in national celebrations, etc.

However, the Secretary General and his deputies may engage in direct contact with such individuals only "to resve fundamental issues" affecting the UN's ability to carry out its mandate in the respective country, including critical security matters.

For important events in accordance with the UN mandate, direct interaction with individuals under ICC arrest warrants is only permitted to the necessary extent.

Kyslytsia emphasized, "Neither the Security Council nor the General Assembly has instructed the UN Secretary General to engage with BRICS, let alone accept an invitation from an individual against whom the ICC has issued an arrest warrant."

The guidelines clearly state that even in exceptional circumstances — when contacts with such individuals are deemed absutely necessary — efforts should be made to contact representatives of that group or party who are not subject to the ICC arrest warrant.

"We expect clear information from the UN about what 'fundamental issues' needed to be resved at the BRICS summit with an individual against whom the ICC has issued an arrest warrant," Kyslytsia noted.

Read also: ISW on BRICS summit: Russia fails to secure international support

He pointed out that the 2016 ICC coeration manual outlines the procedure for informing the ICC about such contacts.

"According to the established procedure, the UN Office of Legal Affairs should have previously informed the ICC Prosecutor and the President of the Assembly of States Parties to the Rome Statute in writing about the intention to meet with an individual against whom an arrest warrant has been issued, and explained the reasons why such a meeting is deemed necessary. It will be interesting to see this letter," the Permanent Representative added.

As reported, UN Secretary-General António Guterres attended the BRICS summit in Kazan, Russia, where he held a bilateral meeting with Putin.

The Ukrainian Foreign Ministry critically assessed Guterres' intention to attend the BRICS summit in Russia. He, as an official, declined Ukraine's invitation to the first Global Peace Summit in Switzerland but accepted an invitation to Kazan from the war criminal Putin. Ukraine believes this is the wrong choice, as it does not contribute to the peace process and harms the reputation of the UN.