The Biden administration is reportedly considering shifting its position on the International Criminal Court (ICC) by providing support to the Prosecutor’s investigation of Russian war crimes in Ukraine. That course of action would likely involve softening the executive branch’s general opposition to the Court’s exercise of jurisdiction over nationals of states not party to the ICC’s founding treaty. The move would likely be welcome on Capitol Hill, and not just among Democrats who have previously advocated for greater U.S. support for the Court’s work. Indeed, all Senate Republicans and several dozen House Republicans have already staked out a position in favor of the Court exercising jurisdiction over Russian nationals’ committing war crimes in Ukraine.

We collected statements from members of Congress below. If you think we are missing any, please email us at lte@justsecurity.org.

Some of the most significant statements and actions include:

A bipartisan letter from the Democratic Chair and Ranking Republican Member of the House Intelligence Committee, and all of their colleagues on the committee, addressed to Avril Haines, the Director of National Intelligence. The letter states:

“[E]ven as we continue to support Ukraine and work to bring this conflict to a close, all elements of our government should collect and preserve evidence of Russia’s possible war crimes. we[sic] commend the Administration’s public commitments to support investigations by the ICC and other institutions into Russia’s conduct. … Taken as a whole, the IC possess[es] unparalleled resources and insights into the ground truth in Ukraine, which would be critically important in any potential war crimes proceeding.”

A Senate Resolution introduced by Sen. Lindsey Graham (R-SC) and passed unanimously is also significant. The Resolution “encourages member states to petition the ICC or other appropriate international tribunal to take any appropriate steps to investigate war crimes and crimes against humanity committed by the Russian Armed Forces.” In announcing the resolution, Sen. Graham (R-SC) said, “This is a proper exercise of jurisdiction. This is what the court was created for.”

Other statements include Sen. Joni Ernst (R-IA), a member of the Senate Armed Services Committee, saying, “The Senate, Iowa, America, and the western world stand with the people of Ukraine and condemn Putin and his cronies and I’m calling on the International Criminal Court to prosecute their war crimes.” Her colleague on the Senate Armed Services Committee, Sen. Thom Tillis (R-NC), said, “We agree with President Biden that Vladimir Putin and other Russian leaders responsible for these massacres should be tried in the Hague for their war crimes. The United States, our allies, and the United Nations all have a moral obligation to hold the Russian government accountable. We must work together to bring these crimes and Putin’s illegal and unprovoked invasion to an end.”

“I would say this is one of Putin’s bigger accomplishments,” Sen. Graham told the New York Times earlier this week. “I didn’t think it was possible but he did it — and that’s for him to rehabilitate the ICC in the eyes of the Republican Party and the American people.” In a sense, the United States’ policy on the ICC has already shifted insofar as Congress helps define U.S. policy. Earlier this month, White House Press Secretary Jen Psaki stated, “we welcome the investigation opened by the ICC Prosecutor.” An open question is whether the Biden administration now follows through with support to the Prosecutor in forms that long-standing domestic law clearly allows.

The full catalog of statements and legislative positions follows.

Senate Resolution 546 (introduced March 15, 2022)
(passed
unanimously)

Relevant text:

Whereas the International Criminal Court (ICC) is an international tribunal that seeks to uphold the rule of law, especially in areas where no rule of law exists, by investigating and trying individuals charged “with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression”;

Whereas Ukraine has twice submitted to the jurisdiction of the ICC for the purposes of investigating alleged war crimes and crimes against humanity committed within its territory related to the Russian occupation of Ukraine;

Whereas Lithuania and Canada, members to the authorizing treaty of the ICC, have called on the ICC to open an investigation into alleged war crimes and crimes against humanity committed by Russia;

Whereas, on February 28, 2022, the Prosecutor of the ICC, Karim A.A. Khan QC stated that the ICC would open a third investigation against Russia for alleged war crimes and crimes against humanity committed during the Russian invasion into Ukraine, which began on February 24, 2022;

Whereas Ukraine has also filed a claim in the International Court of Justice (ICJ) instituting proceedings against the Russian Federation related to genocide under the Genocide Convention; and

The Senate—

(2) encourages member states to petition the ICC or other appropriate international tribunal to take any appropriate steps to investigate war crimes and crimes against humanity committed by the Russian Armed Forces and their proxies and President Putin’s military commanders, at the direction of President Vladimir Putin;

(3) supports any investigation into war crimes, crimes against humanity, and systematic human rights abuses levied by President Vladimir Putin, the Russian Security Council, the Russian Armed Forces and their proxies, and President Putin’s military commanders;

Sponsor:

  • Lindsey Graham (R-SC)

Cosponsors (12 Republicans):

  • Christopher Coons (D-DE)
  • Benjamin Cardin (D-MD)
  • Angus King (I-ME)
  • Joni Ernst (R-IA)
  • Thomas Tillis (R-NC)
  • Tammy Baldwin (D-WI)
  • John Cornyn (R-TX)
  • Dianne Feinstein (D-CA)
  • Jerry Moran (R-KS)
  • Marco Rubio (R-FL), Ranking Member of the Senate Select Committee on Intelligence
  • Chuck Grassley (R-IA)
  • Cory Booker (D-NJ)
  • Susan Collins (R-ME)
  • Chris Van Hollen (D-MD)
  • Amy Klobuchar (D-MN)
  • Martin Heinrich (D-NM)
  • Roger Marshall (R-KS)
  • Roger Wicker (R-MS)
  • John Hoeven (R-ND)
  • Sheldon Whitehouse (D-RI)
  • Mike Braun (R-IN)
  • Mark Kelly (D-AZ)
  • Jeanne Shaheen (D-NH)
  • Richard Durbin (D-IL)
  • Steve Daines (R-MT)

House Concurrent Resolution 76 (introduced March 2, 2022)

Relevant text:

Expressing the sense of Congress that the International Criminal Court should immediately proceed with prosecuting Russian President Vladimir Putin with war crimes should any harm befall Ukrainian President Volodymyr Zelenskyy as a result of actions taken or directed by any Russian entity or authority.

Whereas, on February 28, 2022, the International Criminal Court stated it would open a formal investigation into Russia’s invasion of Ukraine;

Whereas International Criminal Court Prosecutor Karim A.A. Khan stated, “I am satisfied that there is a reasonable basis to believe that both alleged war crimes against humanity have been committed in Ukraine …”;

Whereas the Rome Statute of the International Criminal Court includes the Court’s jurisdiction over the crime of genocide, crimes against humanity and war crimes, and the crime of aggression; and

Whereas, on February 20, 2014, Ukraine made a declaration accepting jurisdiction of the International Criminal Court on an open-ended basis: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that the International Criminal Court should immediately proceed with prosecuting Russian President Vladimir Putin with war crimes should any harm befall Ukrainian President Volodymyr Zelenskyy as a result of actions taken or directed by any Russian entity or authority.

Sponsor:

  • Michael Burgess (R-TX)

Cosponsors (38 Republicans):

  • Marcy Kaptur (D-OH)
  • Nicole Malliotakis (R-NY)
  • Andre Carson (D-IN)
  • Mike Quigley (D-IL)
  • Andy Harris (R-MD)
  • David McKinley (R-WV)
  • Bill Johnson (R-OH)
  • Steve Cohen (D-TN)
  • Brian Fitzpatrick (R-PA)
  • William Timmons (R-SC)
  • Chris Pappas (D-NH)
  • Fred Upton (R-MI)
  • Mo Brooks (R-AL)
  • Dan Crenshaw (R-TX)
  • Eric Swalwell (D-CA)
  • Ann Kuster (D-NH)
  • Earl “Buddy” Carter (R-GA)
  • Mike Johnson (R-LA)
  • Gregory Steube (R-FL)
  • Jim Costa (D-CA)
  • Rodney Davis (R-IL)
  • Jodey Arrington (R-TX)
  • Mario Diaz-Balart (R-FL)
  • Pat Fallon (R-TX)
  • Randy Weber, Sr. (R-TX)
  • Kevin Brady (R-TX)
  • Tony Gonzales (R-TX)
  • Joe Wilson (R-SC)
  • Barry Moore (R-AL)
  • Robert Aderholt (R-AL)
  • Dan Newhouse (R-WA)
  • Mike Carey (R-OH)
  • Blake Moore (R-UT)
  • Doug Lamborn (R-CO)
  • James Comer (R-KY)
  • Gary Palmer (R-AL)
  • August Pfluger (R-TX)
  • Chris Stewart (R-UT)
  • Ralph Norman (R-SC)
  • Brad Wenstrup (R-OH)
  • Ashley Hinson (R-IA)
  • Beth Van Duyne (R-TX)
  • Brian Babin (R-TX)
  • Jim Banks (R-IN)
  • Cathay McMorris Rodgers (R-WA)
  • Tracey Mann (R-KS)

House Resolution 1038 (introduced April 6, 2022)

Relevant text:

Whereas the International Criminal Court (ICC) is an international tribunal that seeks to uphold the rule of law, especially in areas where no rule of law exists, by investigating and trying individuals charged “with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression”;

Whereas Ukraine has twice submitted to the jurisdiction of the ICC for the purposes of investigating alleged war crimes and crimes against humanity committed within its territory related to the Russian occupation of Ukraine;

Whereas Lithuania and Canada, members to the authorizing treaty of the ICC, have called on the ICC to open an investigation into alleged war crimes and crimes against humanity committed by Russia;

Whereas, on February 28, 2022, the Prosecutor of the ICC, Karim A.A. Khan QC stated that the ICC would open a third investigation against Russia for alleged war crimes and crimes against humanity committed during the Russian invasion into Ukraine, which began on February 24, 2022;

Whereas Ukraine has also filed a claim in the International Court of Justice (ICJ) instituting proceedings against the Russian Federation related to genocide under the Genocide Convention; and

The House of Representatives—

(2) encourages member states to petition the ICC or other appropriate international tribunal to take any appropriate steps to investigate war crimes and crimes against humanity committed by the Russian Armed Forces and their proxies and President Putin’s military commanders, at the direction of President Vladimir Putin;

(3) supports any investigation into war crimes, crimes against humanity, and systematic human rights abuses levied by President Vladimir Putin, the Russian Security Council, the Russian Armed Forces and their proxies, and President Putin’s military commanders;

Sponsor:

  • Victoria Spartz (R-IN)

Cosponsors (8 Republicans):

  • Stephanie Bice (R-OK)
  • John Moolenaar (R-MI)
  • Brian Fitzpatrick (R-PA)
  • Richard Hudson (R-NC)
  • Bill Johnson (R-OH)
  • Neal Dunn (R-FL)
  • Mario Diaz-Balart (R-FL)
  • Daniel Webster (R-FL)

House Resolution 963 (introduced March 7, 2022)

Relevant text:

Whereas Ukraine has twice submitted to the jurisdiction of the ICC for the purposes of prosecuting war crimes committed within its territory due to the Russian occupation of Ukraine;

Whereas Lithuania and Canada, members to the authorizing treaty of the ICC, have called on the ICC to open an investigation into possible war crimes committed by Russia;

Whereas, on February 28, 2022, the Prosecutor of the ICC, Karim A.A. Khan QC stated that the ICC would open a third investigation against Russia for alleged war crimes and crimes against humanity committed during the Russian invasion into Ukraine, which began on February 24, 2022;

… Now, therefore, be it

Resolved, That the House of Representatives—

(2) encourages member states to petition the ICC and the ICJ to authorize any and all pending investigations into war crimes and crimes against humanity committed by the Russian Armed Forces and their proxies and President Putin’s military commanders, at the direction of President Vladimir Putin;

(3) supports any investigation into war crimes, crimes against humanity, and systematic human rights abuses levied by President Vladimir Putin, the Russian Security Council, the Russian Armed Forces and their proxies, and President Putin’s military commanders;

Sponsor:

  • Victoria Spartz (R-IN)

Cosponsors (74 Republicans):

  • Brian Fitzpatrick (R-PA)
  • Mike Quigley (D-IL)
  • Marcy Kaptur (D-OH)
  • Andy Harris (R-MD)
  • J. French Hill (R-AR)
  • Dan Newhouse (R-WA)
  • Doug LaMalfa (R-CA)
  • William Timmons (R-SC)
  • Ann Wagner (R-MO)
  • Gus Bilirakis (R-FL)
  • Burgess Owens (R-UT)
  • Blake Moore (R-UT)
  • Mario Diaz-Balart (R-FL)
  • Mike Kelly (R-PA)
  • Jim Banks (R-IN)
  • Debbie Lesko (R-AZ)
  • David McKinley (R-WV)
  • Bob Gibbs (R-OH)
  • Bill Huizenga (R-MI)
  • Peter Meijer (R-MI)
  • Jenniffer González-Colón (R-PR)
  • Tracey Mann (R-KS)
  • Michael Burgess (R-TX)
  • Joe Wilson (R-SC)
  • Jefferson Van Drew (R-NJ)
  • Maria Salazar (R-FL)
  • Jackie Walorski (R-IN)
  • Jake LaTurner (R-KS)
  • C. Scott Franklin (R-FL)
  • Jim Costa (D-CA)
  • Jack Bergman (R-MI)
  • Stephanie Bice (R-OK)
  • Mariannette Miller-Meeks (R-IA)
  • Gregory Steube (R-FL)
  • Randy Weber (R-TX)
  • Rodney Davis (R-IL)
  • Vicky Hartzler (R-MO)
  • Jake Ellzey (R-TX)
  • Diana Harshbarger (R-TN)
  • Elise Stefanik (R-NY)
  • Rick Allen (R-GA)
  • David Rouzer (R-NC)
  • Carol Miller (R-WV)
  • John Moolenaar (R-MI)
  • Tony Gonzales (R-TX)
  • Troy Balderson (R-OH)
  • Richard Hudson (R-NC)
  • Mark Amodei (R-NV)
  • Bill Johnson (R-OH)
  • Kevin Hern (R-OK)
  • Guy Reschenthaler (R-PA)
  • Nicole Malliotakis (R-NY)
  • Mike Garcia (R-CA)
  • Carlos Gimenez (R-FL)
  • A. Drew Ferguson (R-GA)
  • Ted Budd (R-NC)
  • Blaine Luetkemeyer (R-MO)
  • John Katko (R-NY)
  • Barry Loudermilk (R-GA)
  • Alexander Mooney (R-WV)
  • Adrian Smith (R-NE)
  • Michelle Steel (R-CA)
  • Ronny Jackson (R-TX)
  • Ken Calvert (R-CA)
  • Cathy McMorris Rodgers (R-WA)
  • Steven Palazzo (R-MS)
  • Robert Latta (R-OH)
  • Darrell Issa (R-CA)
  • Elissa Slotkin (D-MI)
  • Young Kim (R-CA)
  • Dan Crenshaw (R-TX)
  • John Rutherford (R-FL)
  • Ralph Norman (R-SC)
  • Andrew Garbarino (R-NY)
  • Darin LaHood (R-IL)
  • Mark Green (R-TN)
  • Mike Bost (R-IL)
  • Larry Bucshon (R-IN)

Statements

Statements made in support of International Criminal Court’s investigation/prosecution of Russian war crimes in Ukraine:

Republicans

Rep. Michael Burgess (R-TX):

March 2, 2022: More than three dozen House members are backing a resolution calling on the International Criminal Court to prosecute Russian President Vladimir Putin “should anything happen” to Ukraine President Volodymyr Zelenskyy, according to the lead sponsor. Rep. Michael Burgess (R-Texas) told POLITICO that he decided to spearhead the resolution after seeing reports that a Chechen hit squad had entered Ukraine to target Zelenskyy. “It’s a sense of Congress, it doesn’t have force of law – I get it,” he said. “But I thought this was important because it is something at our disposal. It is another way to tell [Putin]: We see you. We see what you’re doing. We know it’s wrong, we know it’s evil, you know it’s wrong, you know it’s evil, and if you do this we’re going to see that you’re punished.”

March 2, 2022: I introduced a resolution calling for the ICC to prosecute Putin for War Crimes [arrow emoji] “It is another way to tell [Putin]: We see you. We see what you’re doing…you know it’s evil, and if you do this we’re going to see that you’re punished.”

March 2, 2022: Congressman Michael C. Burgess, M.D. (R-TX) was joined by over 40 fellow Members of Congress on both sides of the aisle in calling on the International Criminal Court to immediately prosecute Russian President Vladimir Putin should anything happen to Ukrainian President Volodymyr Zelenskyy caused by Russian action.

Sen. Joni Ernst (R-IA), Member of the Senate Armed Services Committee:

March 4, 2022: The Senate, Iowa, America, and the western world stand with the people of Ukraine and condemn Putin and his cronies and I’m calling on the International Criminal Court to prosecute their war crimes.

March 21, 2022 (news report): Ernst, who is a member of the Senate Armed Services Committee, said Vladimir Putin is a war criminal and should be held to account by the International Criminal Court.

Rep. Brian Fitzpatrick (R-PA), Member of the House Intelligence Committee and Member of the House Foreign Affairs Committee:

March 13, 2022: Immediately commence a war crimes investigation into Putin at the ICC. Have the State Department designate the Putin regime as a state sponsor of terrorism.

April 6, 2022:

Jake Tapper: Would you – do you think the United States should recognize the authority of the International Criminal Court? We are not signatories to the ICC. Or at least would the U.S. – should the U.S. increase funding for the Court?

Brian Fitzpatrick: Yes, yes, to both, Jake. There needs to be an investigation. It needs to be done quickly, not 20 years later, as is often been the case with them. The evidence is there now. It ought to be collected now. And Vladimir Putin ought to be investigated and prosecuted now. That’s what needs to happen. And I hope that we do that. And yes, if it’s a matter of increasing funding, pushing whatever levers, we need, to do to make that happen. Never again, needs to mean never again. And we are witnessing images that we thought were permanently relegated, to the history books. They’re happening, right before our eyes.

Sen. Lindsey Graham (R-SC):

March 2, 2022:

3:53-5:02: So what I’m doing today, along with Representative Spartz, is introducing a resolution supporting the complaint filed by the Ukrainian government against Putin in the International Criminal Court alleging war crimes on his behalf. The International Criminal Court was set up during the Balkans war. There have been 161 individuals indicted and convicted, ranging from common soldiers to prime ministers and generals. The United States is not a member. We’ve had some problems with the court in the past. When the court tries to go after Israel or Rumsfeld here in the United States, I think that’s off-base. The court is designed to bring justice to those where there is no rule of law to bring justice to them. So the first thing you have to understand, or make a decision, is there a rule of law in Russia viable enough to hold Putin accountable, and the answer is no. That was the same in the Balkans. So this is a good example of where the International Criminal Court, I think, should exercise jurisdiction.

5:02-5:32: So I have a resolution … where I want the Senate to vote, and speak with one voice, in support of this complaint. I think the entire world, those who believe in the rule of law, need to speak on behalf of this complaint. We’re not prejudging the outcome. We’re just saying this is a good thing to be doing. This is a legitimate complaint in our eyes, and we’d ask the ICC to investigate.

7:45-8:18: So I’m hoping, in the coming days, that we can get Republican and Democratic support for a resolution where the United States Congress lends its voice to the Ukrainian complaint in the International Criminal Court. This is a proper exercise of jurisdiction. This is what the court was created for, because there is no venue absent this court, in my view, to hold Putin and those who follow his orders accountable. I think our voice will matter.

18:02-18:20: There is no rule of law in Russia. There is no other place to take this complaint to other than the International Criminal Court. So I’m hoping that Republicans and Democrats will speak with one voice when it comes to the rule of law, that what Putin is doing is a war crime.

22:00-22:11: This complaint in the ICC, if the world rallied around it, may not change Putin’s mind, but it may change some people that are, you know, actually carrying the war out.

26:22-27:17: This court doesn’t make sense when it comes to America or Israel. It makes perfect sense when it comes to places where there is no rule of law. So I can discern, as a lawyer, that it makes sense here, doesn’t make sense there. This complaint, I think, is legitimate. Doesn’t mean I’m going to join the International Criminal Court anytime soon. But, as in the Balkans, where there was no rule of law, where the generals who ran the concentration camps wound up going to jail – if you don’t have a venue like this, there is no place to hold Putin accountable. And that’s the point, and I hope people will understand the point I’m trying to make – that now is the time to hold him accountable. This is a proper forum, a good forum, and if we give him a pass on the war crimes that are being committed in front of us all every night on television, I can only imagine what China will think.

33:33-33:53: This is a moment in history that we need to take advantage of. This court, while it has flaws, is the perfect venue, because there’s no place in Russia to hold him accountable. I am convinced that, if the world spoke with one voice here and let the Russian military know that you commit these crimes at your own peril – and we’re not going to forget like we did in Syria – that we could maybe see cracks in Russia.

March 4, 2022: This resolution supports efforts to bring forward war crimes complaints against the Putin regime to the International Criminal Court and is a chance to stop Putin’s madness. The resolution supports the investigation of Putin as a war criminal and urges the ICC and ICJ to expand their investigation to include the Russian military and its commanders who are carrying out these war crimes. If the United States Senate supports efforts to hold Putin accountable, I believe other nations will join. It will be the first step in decades to make the consequences of his actions real to Putin.

March 4, 2022: A complaint has been filed to [the] International Criminal Court on behalf of the Ukraine, alleging that Putin is committing war crimes against the Ukrainian people. Well what I want to do is expand that complaint. One, I want to get Congress on record saying we agree. I want to start an investigation. I’m working with the Brits, and what we’re talking about doing is creating an intelligence cell that will collect information regarding Russian units who are committing war crimes and name names, put the pictures of the commanders involved in these war crimes, the pilots flying the missions, and let the world know who the war criminals are, not just Putin himself. And maybe that may change a calculus because if you follow Putin’s orders to commit war crimes against Ukrainian, people you do so at your own peril. So we need multiple fronts. We need to stop buying Russian oil and gas. We need to produce more here at home. If we had a vote on that concept, the Manchin bill would get 75 votes. And we need to go all in with the idea that Putin is a —- war criminal and those carrying out this plan are war criminals and bring them to justice.

Rep. Victoria Spartz (R-IN):

March 9, 2022: “Military commanders who are willing to obey orders to purposely kill innocent civilians should be held accountable as much as the person who makes these orders,” said Rep. Spartz. “My colleagues and I would like to express our support for holding these generals accountable in The Hague.”

Sen. Thom Tillis (R-NC), Member of the Senate Armed Services Committee:

April 5, 2022: We agree with President Biden that Vladimir Putin and other Russian leaders responsible for these massacres should be tried in the Hague for their war crimes. The United States, our allies, and the United Nations all have a moral obligation to hold the Russian government accountable. We must work together to bring these crimes and Putin’s illegal and unprovoked invasion to an end.

Sen. Roger Wicker (R-MS), Member of the Senate Armed Services Committee:

March 4, 2022: It is time for the U.S. to call Putin what he is and condemn this Russian invasion in the strongest possible terms. I commend the International Criminal Court for their quick work to open an investigation into the blatant abuse of human rights and widespread crimes against the people of Ukraine.

Other

A bipartisan group of House Intelligence Committee members, including Chairman Adam Schiff (D-CA) and Ranking Member Michael Turner (R-OH), and all their colleagues on the committee, sent a letter to DNI Avril Haines March 21, 2022. It states:.

Finally, even as we continue to support Ukraine and work to bring this conflict to a close, all elements of our government should collect and preserve evidence of Russia’s possible war crimes. we[sic] commend the Administration’s public commitments to support investigations by the ICC and other institutions into Russia’s conduct. Several elements of the IC have a long history of documenting and analyzing evidence of war crimes and other human rights violations across the globe.
Taken as a whole, the IC possess[es] unparalleled resources and insights into the ground truth in Ukraine, which would be critically important in any potential war crimes proceeding.

Other Republican members signing the letter

  • Rep. Brad Wenstrup (R-OH)
  • Rep. Chris Stewart (R-UT)
  • Rep. Rick Crawford (R-AR)
  • Rep. Elise Stefanik (R-NY)
  • Rep. Markwayne Mullin (R-OK)
  • Rep. Trent Kelly (R-MS)
  • Rep. Darin LaHood (R-IL)
  • Rep. Brian Fitzpatrick (R-PA)
  • Rep. Mike Gallagher (R-WI)

Democrats

Sen. Tammy Baldwin (D-WI):

March 4, 2022: This bipartisan Senate resolution stands with the Ukrainian people and supports Ukraine’s war crimes complaint to the International Criminal Court. It is important to support the investigation of Putin as a war criminal and hold him and those carrying out his attacks accountable for the tragic death, destruction and human rights abuses they are responsible for.

Sen. Ben Cardin (D-MD), Member of the Senate Committee on Foreign Relations:

March 4, 2022: An immediate start to investigations by the International Criminal Court is appropriate and necessary, as this bipartisan resolution makes clear.

March 10, 2022: Well, Jim, first of all, Russia has crossed so many red lines, Mr. Putin has, in regards to violating international norms and laws. He must be held accountable for his war crimes. He has committed war crimes. And he should be held fully accountable. We saw that happen after World War II. We said we’d never allow atrocities to occur again, and we have. And, here, you have a major country clearly crossing the line of what is acceptable. He needs to be held accountable. I hope we hold him accountable at The Hague for war crimes.

Sen. Chris Coons, Member of the Senate Committee on Foreign Relations:

April 5, 2022: We agree with President Biden that Vladimir Putin and other Russian leaders responsible for these massacres should be tried in the Hague for their war crimes. The United States, our allies, and the United Nations all have a moral obligation to hold the Russian government accountable. We must work together to bring these crimes and Putin’s illegal and unprovoked invasion to an end.

Sen. Tim Kaine (D-VA), Member of the Senate Armed Services Committee and Member of the Senate Committee on Foreign Relations:

March 1, 2022: The ICC opening an investigation into Vladimir Putin’s actions in Ukraine is a step in the right direction and could allow Putin and other Russians to be held responsible for war crimes and crimes against humanity like deliberately attacking civilians. While this investigation will not shame Putin, it will make many Russians ashamed of Putin.

April 7, 2022: “When you target civilians, that’s a war crime,” Kaine, a Virginia Democrat, said in an interview on Bloomberg Quicktake’s “Emma Barnett Meets” program. “I believe he needs to get the Slobodon Milosevic treatment and the U.S. needs to press for that. Will we see him in the Hague? We need to do everything we can to make sure that he is.”

Rep. Marcy Kaptur (D-OH):

March 2, 2022: All leaders of the world must come to the defense of Ukraine, and the International Criminal Court must prosecute Putin for his murderous rampage.

Rep. Ilhan Omar (D-MN):

April 5, 2022: No war crime should go unpunished and no war criminal should be exempt. It is long past time the United States joined the International Criminal Court, ratified the UN Convention of the Rights of the Child, and stopped selling weapons to regimes who commit human rights abuses.

Sen. Chuck Schumer (D-NY):

March 16, 2022: Last night, the Senate also unanimously passed legislation supporting investigations by the International Criminal Court into potential war crimes by Putin and his regime. I thank Senator Graham and the many, many others who backed this bill. The Senate also confirmed the Ambassador at Large for Global Criminal Justice – our lead advocate in making sure this investigation is robust and it is swift.

Sen. Chris Van Hollen (D-MD), Member of the Senate Committee on Foreign Relations:

March 4, 2022: Putin must be held accountable for his unprovoked attacks on the Ukrainian people. He has blood on his hands, and I join my colleagues today in standing with the people of Ukraine and calling for a thorough investigation into war crimes Putin and his military may have committed.

Statements made against the International Criminal Court:

Rep. Andy Biggs (R-AZ):

April 7, 2022: I voted against H.R. 7276,* the Ukraine Invasion War Crimes Deterrence and Accountability Act, for a number of reasons. It’s important to investigate probable Russian crimes against humanity. But it’s also important to not give our findings to corrupt institutions like the ICC.

Rep. Marjorie Taylor Greene (R-GA):

April 7, 2022: HR 7276* would hand over authority & our intelligence to the ICJ & ICC – international courts that could put our military on trial. I will not vote for globalism & the slow slide to become a one world government. I will only vote to protect America, our military, & our borders.

Sen. Mitch McConnell (R-KY):

April 4, 2022: Internationally, I’m sure there will be much virtue-signaling rhetoric over the atrocities committed on Ukrainian soil by Russia. Let us be honest that referrals to the International Criminal Court or invocations of the UN Human Rights Council may slake people’s consciences, but will not curtail the atrocities or stop the violence.

Rep. Chris Smith (R-NJ):

March 8, 2022: Can the International Criminal Court (ICC) make any difference? Maybe. The lead prosecutor is investigating. Two decades after its founding in 2002, however, the ICC has taken 30 cases out of potentially thousands, and has indicted 44 individuals, with only five convictions as of February 2022, though other sources contend that 8 (or perhaps 9) people have been convicted. With eighteen judges on the bench and an approved program budget of 154,855,000 euros for 2022, the Court has issued only 36 arrest warrants dating back to the early 2000’s. Only seven individuals are in custody. Can an international hybrid tribunal make any difference? Yes, I believe this approach has real promise.

 

* We do not include H.R. 7276 in our list above, because it did not refer specifically to the International Criminal Court. Were it to count, the bill was introduced by Michael McCaul (R-TX), and had 13 Republican cosponsors: Brian Fitzpatrick (R-PA); Maria Salazar (R-FL); Young Kim (R-CA); David Valadao (R-CA); J. French Hill (R-AR); Claudia Tenney (R-NY); Ronny Jackson (R-TX); Ann Wagner (R-MO); Tim Burchett (R-TN); Pete Sessions (R-TX); Peter Meijer (R-MI); Christopher Smith (R-NJ); Jenniffer González-Colón (R-PR). It passed the House with only 6 votes against.

** I am thankful to Antara Joardar, a Just Security Student Staff Editor and Student Scholar at the Reiss Center on Law and Security, for her exceptional assistance on this project.

 

Photo credit: U.S. Sen. Lindsey Graham (R-SC) and Rep. Victoria Spartz (R-IN) hold press briefing on support for International Criminal Court investigation of Russian war crimes in Ukraine, March 2, 2022 (Kevin Dietsch/Getty Images)