I think we can all agree that [Russia’s invasion of Ukraine] is a crime that should be prosecuted. The question really is how. And . . . if we’re going to prosecute the crime of aggression, let’s amend the rules of the International Criminal Court (ICC) so that it can prosecute aggression the same way it prosecutes war crimes and crimes against humanity, regardless of whether the aggressor state has agreed to the statute of the ICC and consented to have its citizens come within the ICC’s jurisdiction. So, the same way that the International Criminal Court is now looking at Russian crimes in Ukraine, even though Russia hasn’t joined the ICC, or that it is looking at American crimes in Afghanistan, even though the U.S. hasn’t joined the ICC, the argument is: Let’s not change the rules just for this case. Let’s change the rules forever, so that aggression – not only by Russia against Ukraine but any cases of aggression – could be prosecuted.
. . . American policymakers understand that this could come back and bite them, and they understand the inherent double standards involved here. I mean, the ICC, in general, and the whole international justice architecture, in general, is seen, particularly in the Global South, as being riddled with double standards. I mean, the ICC has opened up this massive – and welcome – investigation [of Putin’s war crimes and crimes of aggression] in Ukraine, but why don’t we see the same kind of massive investigations in other places? The case of alleged Israeli crimes in Palestine has been sitting on the table for several years, and it’s going nowhere. The alleged American crimes in Afghanistan have been, “deprioritized” by the ICC. And, of course, the case of aggression, you know, I mean, we all, in thinking about this, think about the U.S. and British invasion of Iraq, which was considered by Kofi Annan and most legal scholars to be illegal. So, you do have this – I think, again, prosecute, investigate Vladimir Putin for war crimes, for aggression, but let’s do it in a way that ensures that these tools of international justice can also be used, when appropriate, against powerful Western actors.
– Reed Brody
Excerpted from “War as Crime of Aggression:
Reed Brody on Prosecuting Putin and
Probing Western Leaders for Other Wars”
Democracy Now!
February 6, 2023
Excerpted from “War as Crime of Aggression:
Reed Brody on Prosecuting Putin and
Probing Western Leaders for Other Wars”
Democracy Now!
February 6, 2023
Related Off-site Links:
“20 Days in Mariupol”: Meet the Ukrainian Filmmaker Who Risked His Life Documenting Russian Siege – Democracy Now! (January 26, 2023).
Russia Warns U.S. Delivery of Depleted Uranium Arms to Ukraine Would Be Akin to Use of Nukes – Brett Wilkins (Common Dreams, January 27, 2023).
UPDATE: VP Harris Says Russia Is Guilty of Crimes Against Humanity in Ukraine, But U.S. Limits Power of International Law – Democracy Now! (February 20, 2023).
See also the previous Wild Reed posts:
• A “Post-Cold War Train Wreck Long In the Making”
• Yanis Varoufakis: Quote of the Day – February 24, 2022
• A Prayer for Ukraine
• Jeff Cohen: Quote of the Day – February 28, 2022
• Something to Think About – March 4, 2022
• William Hartung: Quote of the Day – May 24, 2022
• Phyllis Bennis On the Need For a Ceasefire in Ukraine
• “Our Anti-Imperialism Must Be Consistent”
• Medea Benjamin and Nicolas J.S. Davies: Quote of the Day – December 28, 2022
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