DOD blocks Biden admin from sharing evidence of possible war crimes in Ukraine with the Hague

The US officially withdrew from the ICC in 2002 and has passed laws limiting its support to the court. However, in December, Congress modified the restrictions on American aid to the ICC for investigations and prosecutions related to the war in Ukraine.

DOD blocks Biden admin from sharing evidence of possible war crimes in Ukraine with the Hague
AP Photo/Kostiantyn Liberov
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The US Department of Defense is reportedly in disagreement with the Biden administration over helping the International Criminal Court (ICC) in investigating alleged war crimes committed in Ukraine by Russian forces.

According to a report by the New York Times on Wednesday, the Pentagon is said to be blocking Washington from sharing evidence gathered by US intelligence agencies. Military leaders are concerned that this could lead to the prosecution of Americans themselves.

The US officially withdrew from the ICC in 2002 and has passed laws limiting its support to the court. However, in December, Congress modified the restrictions on American aid to the ICC for investigations and prosecutions related to the war in Ukraine.

Last month, the National Security Council convened a cabinet-level “principals committee” to resolve the dispute, but Defense Secretary Lloyd Austin continued to object to sharing materials, while Biden has yet to resolve the matter, according to officials.

Senator Lindsey Graham, who helped push Congress to ease restrictions on aiding the ICC, said, “D.O.D. opposed the legislative change — it passed overwhelmingly — and they are now trying to undermine the letter and spirit of the law.”

“It seems to me that D.O.D. is the problem child here, and the sooner we can get the information into the hands of the I.C.C., the better off the world will be,” he added.

Russia has denied allegations of war crimes in Ukraine and has decried attempts by Western countries to hold Moscow accountable. The Russian Foreign Ministry has called such efforts another example of the West’s “practice of double standards.”

The US imposed sanctions on ICC personnel, prosecutors, and their families when the court tried to investigate alleged US war crimes in Afghanistan in 2017. The sanctions were lifted by the Biden administration in 2021, and the investigation was dropped.

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