Tuesday, March 15, 2022

The Case Against Russia

What frustrates many people is the apparent dilly-dally pace in applying the rule of law -- whether prosecuting Donald J. Trump for his treacherous role in the January 6 insurrection or bringing Putin and Russia to the International Criminal Court for war crimes and violating national sovereignty. 

My article addresses Russia's invasion of Ukraine from a free-world citizen's point of view.

"An investigation into possible war crimes in Ukraine was launched after Russia was accused of bombing civilians. The International Criminal Court (ICC) chief prosecutor said evidence was collected on alleged war crimes, crimes against humanity, and genocide.

It came after 39 nations called for an inquiry to be opened."

https://www.bbc.com/news/world-60597751

Yes, the first action is to bring charges and launch an investigation. 

Before delving into the primary topic, I must note that many people in the United States do not observe the ICC as having governance over Americans. War crimes may have been committed in Vietnam, Iraq, and Afghanistan by members of the U.S. Armed Forces. However, the U.S. government would resist subordinating Americans to the prosecution by the ICC.

"The compromise reached by the Security Council did not provide permanent immunity for U.S. soldiers and officials from prosecution by the ICC; rather, it invoked Article 16 of the Rome Statute 21 to defer potential prosecutions for one year."

For more about the U.S. Policy Regarding The International Criminal Court, read the following link:

https://www.everycrsreport.com/reports/RL31495.html#:~:text=peacekeeping%20efforts%20who%20are%20nationals,potential%20prosecutions%20for%20one%20year.

Hypocrisy

"Is the US a member of the ICC? The U.S. is not a state party to the Rome Statute. The U.S. participated in the negotiations that led to the court's creation."

With that gross embarrassment aside:

The ICC can only investigate and prosecute "natural persons" over the age of 18. The ICC cannot investigate or prosecute governments, corporations, political parties, or rebel movements but may investigate individuals members of groups.

Therefore, Putin and his commanders can be prosecuted, but not Russia, the state, or the government.

"Ukraine has few legal options to hold Russia accountable for invasion

Despite the expansion of international law since World War II and the establishment of various courts aimed at settling conflicts between nations, it is unlikely Russia will face legal consequences for its invasion of Ukraine."

https://www.courthousenews.com/ukraine-has-few-legal-options-to-hold-russia-accountable-for-invasion/

Therefore, the only way to prosecute Russia for its criminal invasion of a sovereign nation is to 1) free-world imposition of sanctions 2) support Ukrain with humanitarian and military aid.

Enter China into the equation. China can support the notion of national sovereignty or not. China can support Ukraine with humanitarian assistance as it is. Or, China might decide to help Russia and its illegal invasion. 

If China chooses to support Russia in any fashion that undermines the free-world sanctions and actions, it crosses the line to become the sanctions target.


Ukrainians who live in Lebanon hold placards and chant slogans during a protest against Moscow's attack on their country outside the Russian embassy in Beirut, Lebanon, on Thursday, Feb. 24, 2022. (AP Photo/Bilal Hussein)



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