Pentagon withholding evidence in Russia war crimes case: Senators | ICC News


United States senators have grilled the pinnacle of the Pentagon for what they known as a failure to cooperate with an Worldwide Legal Courtroom (ICC) investigation of Russian conflict crimes in Ukraine.

Talking throughout a Senate committee listening to on Thursday, Democrat Dick Durbin stated he had been informed by the worldwide courtroom’s chief prosecutor that the US Protection Division was refusing to cooperate within the case, which it launched within the wake of Russia’s full-scale invasion of Ukraine on February 24, 2022.

In March, the courtroom issued an arrest warrant for Russian President Vladimir Putin.

Durbin stated the courtroom’s high prosecutor, Karim Khan, informed him that, in contrast to the Pentagon, the US State Division and Justice Division had been cooperating with the investigation.

“Why are you reluctant to share the proof that we now have gathered in america by means of the Division of Protection for many who are holding [Russian President] Vladimir Putin accountable for his conflict crimes?” Durbin requested Pentagon chief Lloyd Austin.

In a glancing response, Austin stated the Pentagon “firmly helps the objective of holding Russia accountable for its violations in Ukraine”. However he added, “I’ll all the time prioritise the safety of US navy personnel in something that we do.”

He later stated: “I do have issues about reciprocity going ahead.”

The response underscores the US’s long-held wariness in direction of the ICC. The federal government has beforehand voiced issues that becoming a member of or supporting the courtroom might open the door to additional prosecutions of US navy personnel or political leaders, or seem to legitimise ICC investigations of US personnel overseas.

The courtroom grew to become operational in 2002, 4 years after 120 nations ratified its authorized foundation, the Rome Statute.

Beneath the statute, the courtroom has jurisdiction to prosecute worldwide crimes — together with crimes in opposition to humanity, conflict crimes, crimes of aggression and genocide — if they’re dedicated within the territory or by a nationwide of a celebration to the treaty, if that celebration is “unable” or “unwilling” to take action.

Nonetheless, numerous US administrations have taken vastly totally different approaches to the courtroom, starting from reluctantly supportive to openly antagonistic.

For his half, President Joe Biden has signalled more cooperation underneath his administration, together with by lifting sanctions that his predecessor, former President Donald Trump, imposed on ICC officers.

In March, Biden additionally known as the courtroom’s arrest warrant for Putin “justified”. That got here after Congress final yr handed laws that broadened Washington’s means to share proof with the ICC.

When Durbin pushed Austin on why the Protection Division was taking a distinct method than the Justice and State Departments, the Pentagon chief demurred.

“Why we might maintain again proof in opposition to this conflict legal Vladimir Putin and the horrible issues he’s doing, I don’t perceive in any respect,” stated Durbin. “You could have a compelling motive to not cooperate, what’s it?”

Austin responded: “Once more I’ll all the time prioritise safety of our navy personnel. That’s my concern.”

Senator Lindsay Graham, a Republican, added that prosecuting Putin and the Russians answerable for conflict crimes would have a US nationwide safety profit.

“Mr Khan says we now have a number of worthwhile info that might speed up his prosecution not solely of Putin however of others,” Graham stated.

At a listening to final month, Graham praised the Justice Division for working with its Ukrainian counterpart to assist pursue conflict crimes prosecutions in opposition to Russia and bashed the Protection Division for hindering such efforts. On the time, Deputy Lawyer Common Lisa Monaco declined to touch upon inside discussions.

A State Division spokesperson has stated the US helps “a variety of worldwide investigations and inquiries into conflict crimes and atrocities in Ukraine”, together with these carried out by the ICC’s prosecutor.

Ukrainian President Volodymyr Zelenskyy made a shock go to to The Hague final week, calling for a brand new worldwide tribunal to carry Putin accountable 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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