Lula, Putin, and Brazil’s Criminal Court Dilemma

Luís Inácio Lula da Silva’s backing of Vladimir Putin at the G20 summit brought Brazil’s relationship with the International Criminal Court ICC into the limelight.

Lula assured Putin, who has an ICC arrest warrant against him, of no arrest in Brazil.

However, ex-Supreme Court Minister Celso de Mello emphasized Brazil’s duty to cooperate with the ICC under the Rome Statute.

President Lula’s recent comments ignited further discussions on Brazil leaving the Rome Statute, which ties the country to the ICC.

Justice Minister Flávio Dino suggested revisiting this treaty. However, experts argue that Lula alone can’t make this decision.

Departing the ICC means altering Brazil’s Constitution, leading to prolonged legal debates.

Brazil’s Constitution

Many believe a Constitutional Amendment Proposal (CAP) isn’t a viable exit strategy.

The Rome Statute, ratified in Brazil in 2002, is part of the Constitution’s 5th Article, which is difficult to modify.

Oscar Vilhena Vieira, a law educator, emphasizes that for such changes, both Congress and the Supreme Federal Court need to approve.

He warns that exiting could conflict with another article that upholds global human rights.

Securing support for a CAP is challenging, requiring consensus from 3/5 of both legislative chambers.

Sylvia Steiner, a former ICC judge, deems Lula’s proposal unrealistic.

She suggests that to modify the 5th Article, Brazil might need a new Constitution – a drastic step she believes won’t materialize.

Background

The ICC, established in 1998 and operational since 2002, manages international crimes, holding 123 nations as members, including major players like France and Germany.

Countries such as the USA and Russia remain outside its ambit, but Steiner emphasizes the ICC’s vast global impact, championing Brazil’s continued membership.

Law professor Vieira sees the ICC’s role as pivotal in holding offenders accountable.

In his view, Brazil’s initial decision to join was right, making any exit seem neither rational nor lawful.

Laura Trajber Waisbich from Oxford accentuates the ICC’s global human rights role.

She perceives the discussions on Brazil’s ICC exit as primarily local but underlines the ICC’s protective importance for Brazilians.

With information from Estadao