US President Joe Biden discreetly directed the US government to begin sharing evidence of Russian war crimes in Ukraine with the International Criminal Court (ICC) in The Hague, as reported by the New York Times (NYT).
According to official sources, Biden’s decision reverses months of opposition by the Pentagon due to concerns that this might pave the way for the ICC to punish American troops.
Biden’s Decision
American intelligence services are reported to have obtained evidence of Russian officials’ decisions to deliberately target civilian infrastructure in Ukraine, and forcefully deport hundreds of Ukrainian children from occupied territory.
According to NYT, the officials have already disclosed some evidence to Ukrainian prosecutors but not to the ICC.
Following the Russian invasion of Ukraine, American authorities praised the ICC’s top prosecutor, Karim Khan, for investigating alleged war crimes in Ukraine. In December, Congress waived restrictions that prevented it from providing help to the court during its enquiry into Russian crimes.
The US Justice and State Departments recommended releasing intelligence reporting Russian officials’ actions, but the Pentagon refused, according to sources reported by NYT.
The dispute prompted the National Security Council (NSC) to organise a cabinet-level “principals committee” meeting on 3 February to resolve the dilemma, but Secretary of Defence Lloyd J. Austin continued to object.
The Defence Secretary has stated firmly his objection to providing evidence to the court, both privately and publicly. In May, he told a Senate subcommittee that the decision to share intelligence with the court might set an uncertain precedent, and he raised worries about “reciprocity going forward.”
According to sources, the White House yet to announce the policy change, or the support it will now provide, but it began notifying members of Congress on Tuesday.
United States President Joe Biden has ordered the US to share evidence of Russian war crimes in Ukraine with the International Criminal Court.
— Human Rights Watch (@hrw) July 26, 2023
Going forward, Washington should support the critical work of the #ICC across its global mandate. https://t.co/c4EOry6auK pic.twitter.com/SNecV7D9W3
The Pentagon intended to continue the previous administration’s position that the ICC should not have jurisdiction over the citizens of countries not parties to the treaty that established it, such as the US or Russia.
The US has not signed the Rome Statute to become a member of the ICC, and hence claims it is not subject to the court’s jurisdiction. However, this move has raised concerns that an ICC prosecutor would have the authority to investigate the actions of US forces in the Ukraine War.
US Officials on Russian War Crimes
NSC spokesperson Adrienne Watson stated, “Since the beginning of Russia’s assault on Ukraine, the president has been clear: there needs to be accountability for the perpetrators and enablers of war crimes and atrocities in Ukraine.”
The spokesperson affirmed a more significant commitment to holding Russia accountable for crimes but failed to discuss the ICC issue.
“On the ICC specifically, we are not going to discuss the specifics on any cooperation, which is consistent with the court’s practice of treating requests for cooperation in a confidential manner.”
The top lawmakers on the Judiciary Committee, Senators Richard J. Durbin, Democrat of Illinois, and Lindsey Graham, Republican of South Carolina, have repeatedly pushed to draw attention to the dispute and criticise the Pentagon for standing in the way.
In a joint statement, they hailed the decision while recounting recorded Russian war crimes. “After pressing the administration for months, we are pleased that the administration is finally supporting the ICC’s investigation.”
Russian forces have been accused of targeting civilians and committing atrocities in a number of Ukrainian towns https://t.co/4BWH9x1EDp
— Bloomberg (@business) July 27, 2023
ICC on Russian War Crimes
The ICC issued an arrest warrant against Russian President Vladimir Putin for war crimes committed during the Ukraine conflict. According to the court, Putin has been complicit in war crimes in Ukraine, including illegally deporting and transferring children from Ukraine to the Russian Federation, since the conflict began in February 2022.
The Russian president is accused of directly committing the offences or neglecting to exert his authority over civilian and military officers who orchestrated the violations.