https://www.nationalreview.com/2022/04/russian-war-crimes-are-condemnable-but-not-by-the-international-criminal-court/
The ICC is an enterprise antithetical to the Constitution and national defense, and our government should never facilitate its mission and operations.
In an editorial published Monday evening, the Wall Street Journal’s editors appear to echo President Biden’s call for war-crimes prosecutions over Russia’s atrocities in Ukraine. Tellingly, though, the Journal omits the little detail of who, exactly, should do the prosecuting.
Presumably, that’s because the Journal well knows it shouldn’t be the International Criminal Court — not if the United States has anything to say about it.
The scenes of mass graves in Bucha and other Ukrainian towns are sickening, as are the well-documented reports of brutal Russian attacks targeting civilians, rape as a weapon of war, the kidnapping and murder of elected officials and their families, and Moscow’s troops conducting themselves as marauders rather than as armed forces beholden to the laws and customs of civilized warfare. Against this gory background, the Journal points out that an investigation “is already underway at the U.S. State Department and the International Criminal Court at the Hague.” In context, this observation appears to endorse an ICC probe of Russia, supported by the U.S. government. But the Journal stops short of proposing that, and for good reasons.
The U.S. State Department is a diplomatic arm of the United States government. It has no authority to prosecute anyone. Prosecution is the Justice Department’s job. DOJ, however, has been confined to enforcing statutorily based sanctions imposed against Russian oligarchs, officials, and entities. That is because the United States is not a combatant in the Ukraine war. Provocative rhetoric and military aid notwithstanding, the president’s top priority since Vladimir Putin’s unprovoked invasion has been to prevent the United States from becoming a combatant.
America’s lawyer-Left has mobilized for the better part of two decades against military tribunals against combatants who mass-murdered Americans and against whom the United States has actually been at war. There are not going to be American prosecutions against Russia for war crimes against Ukraine. That is not to say the Justice Department may not apply Magnitsky Act provisions that enable our government to sanction Russian human-rights offenders: Seize any assets of theirs within our jurisdiction, bar them from entering our country — the sorts of things already being done under existing sanctions. But U.S.-initiated war-crimes tribunals? No.