US lawmakers are launching a full-court press to hold Russia accountable for the war crimes it is accused of committing in Ukraine. Two House and Senate committees will hold hearings in mid-April to bring attention to atrocities such as the civilian massacres in Bucha and Mariupol.
U.S. officials are helping the Ukrainian government investigate and prosecute war crimes. Senators Lindsey Graham and Dick Durbin are pressing U.S. officials to support the creation of a special international tribunal where individual Russian leaders could be held criminally responsible for the “crime of aggression,” or waging an unprovoked war against a sovereign country.
House Foreign Affairs Committee hearing
House Foreign Affairs Committee Chairman Michael McCaul plans to have the Ukrainian prosecutor general and victims of war crimes appear before the panel on April 19. During the hearing, McCaul will seek to draw attention to the ways in which Russia has committed war crimes in Ukraine and emphasize the importance of holding its leaders accountable.
The asset-seizing task force, which Deputy Attorney General Lisa Monaco oversees, has been prosecuting Russian oligarchs who violate U.S. sanctions or commit related financial crimes. Members of the Senate Judiciary Committee, including Attorney General Merrick Garland, have made trips to Ukraine this year to help bring attention to suspected war crimes.
Ukraine’s investigation into war crimes
Law enforcement agencies in Ukraine have launched investigations into 75,801 alleged crimes of aggression and war crimes, with 9,883 civilians killed and another 13,254 wounded as of last Wednesday. These investigations help to build a strong case against Russian leaders who committed these atrocities.
The International Criminal Court issued an arrest warrant for Putin this month for his alleged involvement in war crimes in Ukraine, but Moscow is not a signatory to the treaty. It is important that countries like the United States take action against war criminals, as the ICC cannot prosecute the crime of aggression.
US support for creation of special tribunal for war crimes in Ukraine
In an effort to hold Russian leaders accountable for the crimes they have committed in Ukraine, the US Ambassador-at-Large for Global Criminal Justice, Beth Van Schaack, announced US support for creating an internationalized tribunal dedicated to prosecuting the crime of aggression against Ukraine. The US had been reviewing the option of establishing a special tribunal but had not previously expressed support.
Ukraine and other countries have been pushing for the creation of such a tribunal for months. Different bodies like the International Criminal Court (ICC) can prosecute war crimes and crimes against humanity, but not the crime of aggression by Russia against Ukraine.
Ukrainian Ambassador at Large, Anton Korynevych argued that existing mechanisms do not ensure punishment for the decision-makers in Moscow responsible for the war against Ukraine. “The crime of aggression is a leadership crime,” Korynevych said. “We believe that top perpetrators, top representatives of political and military leadership of the Russian Federation, their crime is a crime of aggression.”
Van Schaack believes that a court rooted in Ukraine’s judicial system, but with international elements, will provide the clearest path to establishing a new Tribunal. The envisioned court would have significant international elements in the form of law, personnel, information sources, and structure. The court may be located in Europe to reinforce Ukraine’s European orientation and enable international involvement through Eurojust.
Conclusion
It is imperative that countries work together to hold war criminals accountable for their actions. With U.S. lawmakers supporting Ukraine’s efforts to prosecute war crimes and investigate atrocities committed by Russia, there is hope that justice will be served for those affected by this conflict. The creation of an internationalized tribunal dedicated to prosecuting the crime of aggression against Ukraine could help to establish a clear path towards justice and ensure that individuals responsible are held accountable for their actions.
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