U.S. Investigations Into War Crimes Can Get Complicated
Apr 1, 2024
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Political, justice, and national security correspondents discuss US investigations into war crimes, focusing on conflicts involving Ukraine, Russia, Israel, and Hamas. The Justice Department's team faces challenges in gathering evidence and making prosecution decisions, highlighting the complexities of prosecuting war crimes abroad. The podcast also touches on American troops' reluctance to be prosecuted by the ICC and the promotion of other NPR podcasts like 'Up First' and 'It's Been A Minute.'
The US is actively investigating war crimes in Ukraine, showcasing international cooperation in addressing atrocities.
Challenges arise in prosecuting alleged war crimes in conflicts like Israel-Hamas due to geopolitical complexities.
Deep dives
US Response to Allegations of War Crimes in Ukraine
The US has taken a proactive approach in addressing war crimes in Ukraine, including creating a special team to investigate and prosecute potential Russian war crimes. This effort was highlighted by the prosecution of four Russian soldiers accused of torturing and abducting an American citizen in southern Ukraine. The US's jurisdiction to intervene in such cases is based on US law, which grants the Justice Department the authority to prosecute when an American citizen is involved.
US Involvement in Ukraine Conflict
The US, along with Ukraine, is actively investigating and documenting abuses by Russian troops in Ukraine, signaling international cooperation in addressing war crimes. Ukraine has been open to outside assistance, including from the International Criminal Court and the US, in conducting investigations and seeking justice for atrocities committed during the conflict. The US's expanded authority allows it to extend its investigations to various conflicts globally, not limited to Ukraine.
Challenges in Investigating War Crimes in Israel-Hamas Conflict
The US faces challenges in investigating alleged war crimes in the Israel-Hamas conflict due to the geopolitical complexities involved. While the US has jurisdiction to prosecute if American citizens are involved, access to evidence and conducting formal investigations in Gaza prove difficult. The relationship between the US and allies in such conflicts, like Israel, adds layers of complexity to potential prosecutions, with political will and international cooperation playing crucial roles in pursuing justice.
The Justice Department launched a team in December 2023 to look into allegations of war crimes committed during Russia's war in Ukraine. The team isn't limited to looking only at that conflict, though — but in the months since the conflict between Israel and Hamas in Gaza, the DOJ has been nearly silent on the topic of possible war crimes there.
This podcast: political correspondent Sarah McCammon, justice correspondent Ryan Lucas, and national security correspondent Greg Myre.
This podcast was produced by Jeongyoon Han & Kelli Wessinger, and edited by Casey Morell. Our executive producer is Muthoni Muturi.
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