Authors: Brett Schaefer and Steven Groves
Summary
The International Criminal Court (ICC) has issued an arrest warrant for Russian President Vladimir Putin, accusing him of war crimes. The U.S. should support efforts to hold Putin accountable. However, cooperating with or supporting an ICC investigation could give the impression that the U.S. recognizes and consents to the court’s jurisdiction, thereby increasing the legal vulnerability of U.S. persons in the future and undermining the principle of state consent in international law. Instead of supporting the ICC, which has limited capacity and is unlikely to provide the timely justice that Ukrainians deserve, the U.S. should assist Ukraine, which has already convicted Russian soldiers for crimes committed in Ukraine, in holding individual perpetrators to account.
Key Takeaways
- The long-held U.S. position is that the ICC has no jurisdiction over a country unless it has accepted ICC jurisdiction or been referred by the U.N. Security Council.
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The U.S. is not an ICC party and should not cooperate with an ICC investigation lest it create vulnerability for U.S. troops and officials down the road.
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Instead of supporting the ICC, which has limited capacity and is unlikely to provide the timely justice that Ukrainians deserve, the U.S. should assist Ukraine.
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