A spokesperson for the White House National Security Council has confirmed that officials will be conducting an investigation into Russia’s actions during the invasion of Ukraine to determine whether or not Russia has committed evident war crimes. U.S. officials have already been gathering key information and intelligence about Russia’s actions since before the invasion of Ukraine began, however as of Monday, officials are thoroughly assessing Russia’s actions throughout the invasion and will send the information they collect to the UN Human Rights Council to conclude this investigation. The UN Human Rights Council has set up a separate commission specifically to investigate Russia’s possible human rights violations, after which they will assess the information in accordance with Geneva protocols and regulations. The United States is not the only country investigating these potential war crimes; 44 other nations that are allies with the U.S. are also conducting investigations that will be submitted to the UN Human Rights Council.
The U.S. ambassador to the UN, Linda Thomas-Greenfield, was the first major U.S. official to be outspoken about accusing Russia of committing war crimes in Ukraine. The ambassador told BBC News, “We’re working with others in the international community to document the crimes that Russia is committing against the Ukrainian people. They constitute war crimes; there are attacks on civilians that cannot be justified… in any way whatsoever.” While this was the most forward accusation that had been presented yet, another spokesperson from the White House National Security Council concurred. The official stated, “We are collecting evidence of possible war crimes, human rights abuses, and violations of international humanitarian law. We support accountability using every tool available, including criminal prosecutions where appropriate… The U.S. is supporting the important work of human rights documenters in Ukraine.” It is clear that U.S. officials are in support of all investigations into human rights violations committed by Russia during this time, however they have to be very careful about the ways in which they voice their support. Bold and outward support for these investigations could damage any possible future of diplomatic negotiations that would bring this crisis to an end, therefore support for these accusations is being kept relatively quiet under the radar while investigations take place. When Vice President Kamala Harris was asked if she believes Russia has committed war crimes thus far, she responded firmly stating, “I think I’ve said it before and I’ll say it again: We are clear that any intentional attack or targeting of civilians is a war crime. Period.” She had already previously endorsed her support for the investigations.
At the same time that the UN Human Rights Council is collecting information for their investigation, the International Criminal Court (ICC) is also conducting an investigation to hold Russia accountable at the Hague for the crimes they have committed, however the U.S. is not a part of the ICC. With two major international investigations under way and all of the horrifying news that has been coming out of Ukraine for the past few weeks, it is hard to deny that war crimes have in fact been committed. There have been numerous videos and images of apparent human rights violations; dead mothers and children, hospitals and schools that have been bombed into rubble, innocent civilians having to flee for their lives, and more. It is estimated that over 600 civilians and 1,300 soldiers have been killed so far, however the actual numbers are most likely much higher. While all of this is evidence of apparent war crimes, Russia does not adhere to those standards that have been set and has repeatedly denied attacking civilians despite the concrete evidence. However, one of the most major cases against them comes from their bombing of nuclear plants in Ukraine, which is undeniably against the Geneva Convention and therefore an undeniable war crime. This could be a foundational point in both cases against Russia.
It is clear that the U.S. does need to be careful of actions throughout these investigations because of how much public attention has been on the war in Ukraine ever since the invasion began. While the U.S. may want to act discreetly due to the diplomacy risks and their past rocky relationship with the ICC in general, it is still important that they do act nonetheless. The intelligence collected by U.S. officials in Ukraine could make all the difference when it comes to justice being served to Russia and especially to Putin. Despite the diplomatic risks there are also diplomatic advantages to providing support and aid throughout the UN Human Rights Council investigation, such as strengthening relationships with other allied nations. And what is more important than all the intricacies of diplomacy and allies, etc., more important than anything else, this investigation is about the innocent lives lost and the innocent lives that have been forever changed by this barbaric invasion. These investigations are about justice and about holding a rogue country with a tyrannical and violent leader accountable so that invasions like this may never happen again, and to further a mission of peace in Europe that has been disrupted by Putin’s actions.
