The U.S. Justice Department has announced its support for war crime investigations in Ukraine by the International Criminal Court (ICC). Attorney General Merrick Garland confirmed the department’s cooperation and assistance to Ukrainian prosecutors in their pursuit of justice, even more than a year after the Russian invasion. Recent legislation has allowed the U.S. to be more flexible in aiding the court with investigations involving foreign nationals in relation to Ukraine.
Speaking at the American Bar Association in Denver, Garland stated that they are not waiting for the hostilities to end before seeking accountability. The Justice Department is working closely with international partners to gather evidence and build cases, ensuring they are prepared to hold the perpetrators accountable when the time is right. To bolster these efforts, Garland appointed a prosecutor to join a newly opened center in The Hague that supports nations in building cases against senior Russian leaders for the crime of aggression.
However, it is important to note that the ICC does not currently have jurisdiction to prosecute aggression in Ukraine due to Russia and Ukraine not ratifying the Rome Statute that established the court. Nonetheless, Ukraine’s prosecutor general has indicated their intention to join the ICC, which could change the circumstances. It should be mentioned that the United States is not a member state of the ICC.
While successive U.S. administrations have taken a hands-off approach towards the ICC due to concerns regarding potential investigations and prosecutions of American soldiers or officials, the U.S. has cooperated with the court in the past on war crimes issues. Notably, during the Obama administration, the U.S. provided evidence to support the investigation into atrocities allegedly committed by the Lord’s Resistance Army in Uganda and neighboring states in East Africa.
In conclusion, the U.S. Justice Department’s support for war crime investigations in Ukraine by the ICC underscores their commitment to pursuing justice and accountability. Despite not being a member of the ICC, the U.S. is cooperating with international partners and providing assistance to Ukrainian prosecutors in their efforts. The appointment of a prosecutor and the opening of a center in The Hague further emphasize the U.S.’s dedication to holding senior Russian leaders accountable for acts of aggression. While challenges regarding jurisdiction persist, Ukraine’s intention to join the ICC could potentially alter the landscape for future prosecutions.
