.HayesBrown: The best place to indict Putin over the Russian destruction of Ukraine is an agency the U.S. has either ignored or undermined.
that a 2010 memo from the Justice Department’s Office of Legal Counsel concluded that there’s a narrow window for possible assistance for the court on a case-by-case basis. The language of the American Servicemembers’ Protection Act allows the U.S. to provide “assistance to international efforts to bring to justice … foreign nationals accused of genocide, war crimes or crimes against humanity.”
That window might be opened wider in the coming weeks. The current situation has some former staunch opponents of the court, such as Sen. Lindsey Graham, R-S.C., changing their tune, The Times reported: Even as administration lawyers struggle with how much wiggle room the government has as it tries to hold Russia accountable, there are signs of bipartisan interest in Congress in potentially rescinding or modifying those laws so the United States can more broadly help the court.
Last month, the Senate unanimously passed a resolution by Senator Lindsey Graham, Republican of South Carolina, backing any investigation into war crimes committed by Russian forces and proxies. It praised the International Criminal Court and encouraged “member states to petition the I.C.C.” to investigate and prosecute Russian atrocities — as at least 41 nations have done.
The shift is grounded in pragmatism, not any change in ideology. The ICC is the only institution set up to indict and prosecute any Russian deemed to have committed war crimes. Setting up an ad hoc tribunal like those formed to investigate
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