Although the United States was a supporter of the Rome Statute created by the ICC, it never ratified it. Thus, like Russia, the United States is not one of the 123 States Parties to the ICC – a fact that makes Putin and his Russian supporters wonder why Biden is pushing for an investigation that the United States does not even support for its own. the citizens. “The United States is not participating [as a State Party] and would not allow its soldiers to be judged in this way. “This is definitely a sticking point, and no doubt the Russian media and diplomats will try to exploit it,” said Michael Kimmag, a professor of history at the Catholic University of America who holds the Russia / Ukraine portfolio at the State Department. Newsweek. Until 2022, the US argued that the ICC could not prosecute nationals of a state that had not joined the tribunal – one of the main reasons why US forces were not tried by the ICC for alleged violations in Afghanistan and the Gulf of Guantναnamo. Russia is now using the same argument that the United States has long argued. “Absolutely, Russia will point this out,” agreed Rebecca Hamilton, a law professor at the American University. “They will suggest anything to hold them accountable for the atrocities committed by their forces.” Earlier this week, US President Joe Biden called for a trial against Russian President Vladimir Putin for “war crimes” committed in Ukraine. Biden comments on the “unprovoked and unjustified” Russian military invasion of neighboring Ukraine in the eastern room of the White House on February 24, 2022 in Washington, DC. Drew Angerer / Getty As Russia has also never ratified the Rome Statute, the country rejects the idea that the ICC can prosecute Russian nationals for crimes committed in Ukraine, even if Ukraine — which is also not a State party to the ICC— has given the court jurisdiction to prosecute war crimes committed in its territory. As Leila Sadat, special adviser to the ICC prosecutor for crimes against humanity, told Newsweek: “It is a dual station problem.” “It’s a lot easier now for the Russian Federation to hit the US and say, ‘Come on, this is completely self-serving.’ “Even if the United States had supported the court throughout, it would have been less able to do so,” Sadat said. Experts say the US decision to distance itself from the court reflects the nation’s biggest foreign policy trend, which is based on the logic that because the US is strong in international law, it does not need an external body to judge it. activities in a foreign territory. However, this argument has led scholars to wonder what the US has to do with external control if they are so confident about their own accountability, especially since the ICC’s support as a State would be consistent with other international issues the country supports. . “Sometimes what people forget is that these are the worst crimes. They shake the conscience of humanity … It’s something we see on our television and in the newspapers right now with people being shot with their hands tied behind their backs. “Their backs and the maternity ward are being bombed,” said Sadat. While Sadat would like to see a consistent and consistent approach to the court instead of the ebb and flow of the US, the ICC welcomed the support of Biden and Congress to conduct an investigation in Ukraine. The ICC only needs Ukraine ‘s permission to conduct an investigation, and Hamilton said the fact that the US has not joined the ICC will not undermine the tribunal’ s power as an international institution. However, “it makes the US look a bit isolated and it becomes problematic when the US is out there demanding responsibility that they did not always support.”
