Even though the United States does not recognize the authority of the International Criminal Court, Republican Sen. Lindsey Graham is promoting a Senate resolution in support of the complaint against Russia.
Graham spoke at a press conference at the Capitol with Rep. Victoria Spartz of Indiana, who came to the US from Ukraine in 2000. Following the Russian invasion of the country, Spartz has become a powerful Republican voice calling for the US to do more.
The Russian Federation, Russian President Vladimir Putin, and other high-ranking Russian officials are accused of committing crimes against humanity in the draft text of the resolution.
Russia used cluster bombs in Chechnya in 1999, Georgia in 2008, and the most recent invasion of Ukraine, after listing off several instances in which they violated the laws of armed conflict.
The United States is not a member of the International Criminal Court, which is tasked with trying individuals accused of committing genocide, war crimes, and other crimes against humanity.
Graham said that the court was useful only in a certain context, when asked if the country's fraught history with the court might undermine the credibility of the resolution.
There was an effort to hold Rumsfeld accountable as a war criminal, according to Graham. Nobody is above the law. Everybody is being investigated. President Trump is being investigated by many organizations.
Israel is the closest ally of the US in the Middle East. The US has often downplayed allegations of war crimes against Israel and has opposed investigations by the International Criminal Court.
Graham referred to the prosecution of war criminals following conflicts in the Balkans in the 1990s. It makes sense when it comes to places where there is no rule of law. I can see that it makes sense here, but not there.
The US does not recognize the authority of the Rome Statute. 123 countries are members of the International Criminal Court. Russia and Ukraine are not members of the International Criminal Court, but they have accepted the court's jurisdiction over alleged crimes committed on their territory.
Graham said at the press conference that the complaint was legitimate, but that he wouldn't join the International Criminal Court anytime soon.
The US was one of seven countries that voted against the Rome Statute in 1998. President Bill Clinton signed the Rome Statute in 2000, but it was never voted on in the Senate. The treaty was signed by President George W. Bush in 2002.
There is no place for Putin to be held accountable if you don't have a venue like this.
The US has been hostile to the International Criminal Court in the past, and pushed against an investigation into war crimes committed by US forces in Afghanistan. Despite US opposition, Graham says the International Criminal Court is the best place to prosecute Russia for war crimes in Ukraine.
The Rule of Law in Russia has been destroyed by Putin. Graham said in a press release on Wednesday that the rule of law is absent in some areas where the International Criminal Court can bring bad actors to justice. The prosecutions of people accused of war crimes in the Balkans conflicts took place at the International Criminal Tribunal for the former Yugoslavia. The International Criminal Court was established in 2002.