Opinion by Christopher J. Dodd and John B. Bellinger III: How the U.S. can support a war crimes investigation into Russia
, added when the other of us was a White House lawyer, provides that the ASPA does not interfere with the president’s constitutional authority to take actions to help the Court in specific cases. These exceptions would clearly allow the United States to share intelligence information about Russian offenses, to allow expert investigators and prosecutors to assist, and to provide law enforcement and diplomatic support to the Court.
U.S. support for an ICC investigation of Russian war crimes would not constitute a double standard or be inconsistent with U.S. objections to the court’s claimed jurisdiction over U.S. personnel. The United States can help the court in appropriate cases while still strongly opposing ICC investigations that do not meet the court’s strict threshold requirements.
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