Global Courant 2023-05-12 02:52:22
US senators have questioned the head of the Pentagon over what they called a failure to cooperate with an International Criminal Court (ICC) investigation into Russian war crimes in Ukraine.
At a Senate Judiciary hearing on Thursday, Democrat Dick Durbin said he was told by the Chief Prosecutor of the International Court of Justice that the US Defense Department refused to cooperate with the case, which was initiated after Russia’s full-scale invasion of Ukraine. on February 24, 2022.
In March, the court issued an arrest warrant for Russian President Vladimir Putin.
Durbin said the court’s top prosecutor, Karim Khan, told him that, unlike the Pentagon, the US State Department and Justice Department were cooperating with the investigation.
“Why are you hesitant to share the evidence we have gathered in the United States through the Defense Department for those who hold (Russian President) Vladimir Putin responsible for his war crimes?” Durbin asked Pentagon chief Lloyd Austin.
In a curt reply, Austin said the Pentagon “strongly supports the goal of holding Russia accountable for its violations in Ukraine.” But he added: “I will always prioritize the protection of U.S. military personnel in everything we do.”
He later said, “I’m worried about reciprocity in the future.”
The response underscores the US’s longstanding reluctance to the ICC. The administration has previously expressed concern that participation in or support of the court could open the door to further prosecution of US military or political leaders, or appear to legitimize ICC investigations of US personnel abroad.
The court became operational in 2002, four years after 120 countries ratified its legal basis, the Rome Statute.
Under the statute, the court has jurisdiction to prosecute international crimes – including crimes against humanity, war crimes, crimes of aggression and genocide – committed on the territory or by a national of a party to the treaty, if that party “solicits” unable” or “unwilling”.
Yet different U.S. governments have taken vastly different approaches to the court, ranging from grudgingly supportive to overtly hostile.
For his part, President Joe Biden has announced more cooperation under his administration, including lifting sanctions imposed on ICC officials by his predecessor, former President Donald Trump.
In March, Biden also called the court’s arrest warrant against Putin “justified.” That came after Congress passed legislation last year that increased Washington’s ability to share evidence with the ICC.
When Durbin pressed Austin why the Defense Department took a different approach from the Justice and State Departments, the Pentagon leader protested.
“Why we are withholding evidence against this war criminal Vladimir Putin and the terrible things he is doing, I don’t understand at all,” Durbin said. “You must have a compelling reason not to cooperate, what is that?”
Austin responded, “Again, I will always prioritize the protection of our military personnel. That is my concern.”
Senator Lindsay Graham, a Republican, added that prosecuting Putin and the Russians responsible for war crimes would benefit US national security.
“Mr Khan says we have a lot of valuable information that could accelerate his prosecution of not only Putin but others as well,” Graham said.
At a hearing last month, Graham praised the Justice Department for working with its Ukrainian counterpart to continue the prosecution of war crimes against Russia and slammed the Defense Department for obstructing such efforts. Deputy Attorney General Lisa Monaco declined to comment on internal discussions at the time.
A State Department spokesman has said the US supports “a range of international investigations and investigations into war crimes and atrocities in Ukraine,” including that of the ICC prosecutor.
Ukrainian President Volodymyr Zelensky made a surprise visit to The Hague last week and called for a new international tribunal to hold Putin responsible for the invasion of Ukraine.
Russia is not a member of the ICC and rejects its jurisdiction. Moscow denies committing atrocities in Ukraine.
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