Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Under the Russian Federation’s Constitution (1993), the extradition of Russian citizens is prohibited.
The Russian Federation’s Criminal Code (1996) also provides that Russian citizens who have committed crimes in the territory of a foreign State shall not be extradited to that State.
In 1997, during plenary discussions in the UN General Assembly on a report of the International Criminal Tribunal for the former Yugoslavia (ICTY), the Russian Federation stated:
We continue to attach great importance to the work of the [ICTY] … However, we absolutely cannot agree with the attempts to describe as “cooperation” with the Tribunal or as “support” for its work pre-planned actions for the armed seizure of suspects, in particular under the aegis of the current peacekeeping operation in Bosnia and Herzegovina … The problem of extradition to The Hague of persons indicted of war crimes should be resolved only through cooperation among the parties themselves with the International Tribunal, as was stated in the international documents on the Bosnian settlement, in particular in the decisions of the London Conference of 1996.
In 2010, in its initial report to the Committee on the Rights of the Child under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, the Russian Federation stated:
The Russian Federation cooperates with the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda by complying with requests by the tribunals to provide or verify information on the possible whereabouts of persons accused by the tribunals of committing the most serious crimes under international law, which may be connected, inter alia, with the involvement of children in armed conflict.
In 2011, during the UN Security Council’s consideration of the report by the chief prosecutor of the International Criminal Court on the situation in Libya, the permanent representative of the Russian Federation stated: “We support the efforts of the ICC to conduct fair and impartial investigation of actions of all parties in the Libyan conflict and to bring to justice those involved in possible … serious violations of international humanitarian law in Libya.”