Pentagon accused of obstructing sharing of intel on Russian war crimes with ICC

US officials have alleged that the Pentagon is posing a hindrance to the sharing of American intelligence on Russian war crimes with the International Criminal Court (ICC). Current and erstwhile officials told The New York Times that the defence department has held back from sharing evidence on the crimes committed by Russian forces during the invasion of Ukraine as doing so would act as a precedent that could impact US soldiers involved in foreign wars down the line. 

On February 3, the national security council (NSC) held a meeting comprising top officials in order to find a solution to the conflict. However, Defence Secretary Lloyd Austin remained adamant on the stance. At this point, the situation is at a deadlock as US President Joe Biden is yet to make a decision on it. 

GOP senator Lindsey Graham, who was a part of the congressional resolution that called for US support for the court over the Ukraine war, held the Pentagon responsible for blocking vital intel. “DoD [Department of Defence] 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 DoD is the problem child here, and the sooner we can get the information into the hands of the ICC, the better off the world will be," Graham said.

US officials remain divided on the issue 

Legal experts from the US helped in the formulation of the Rome statute, which in turn, established the ICC. The statute was signed by then-President Bill Clinton in 2000, but failed to get ratified by the Senate. Later on, George W Bush took the US signature back. 

Today, US officials remain disputed, arguing that providing intelligence to the court would be a precedent that could later be used by adversaries to prosecute American troops, in spite of the safeguards mentioned in the statute that ensure that the ICC would only be able to exercise its power in case the courts in a suspect’s home country fail to carry out prosecution.