Beyond  /  Argument

Our Hypocrisy on War Crimes

The U.S.’s history of moral evasiveness around wartime atrocities undermines the International Criminal Court and it's role in bringing Putin to justice.

There is the war, and then there is the war about the war. Vladimir Putin’s assault on Ukraine is being fought in fields and cities, in the air and at sea. It is also, however, being contested through language. Is it a war or a “special military operation”? Is it an unprovoked invasion or a human rights intervention to prevent the genocide of Russian speakers by Ukrainian Nazis? Putin’s great weakness in this linguistic struggle is the unsubtle absurdity of his claims—if he wanted his lies to be believed, he should have established some baseline of credibility. But the weakness of the West, and especially of the United States, lies in what ought to be the biggest strength of its case against Putin: the idea of war crimes. It is this concept that gives legal and moral shape to instinctive revulsion. For the sake both of basic justice and of mobilizing world opinion, it has to be sustained with absolute moral clarity.

The appalling evidence of extrajudicial executions, torture, and indiscriminate shelling of homes, apartment buildings, hospitals, and shelters that has emerged from the Kyiv suburb of Bucha and from the outskirts of Chernihiv, Kharkiv, and Sumy gives weight and urgency to the accusation that Putin is a war criminal. By late April, the UN human rights office had received reports of more than three hundred executions of civilians. There have also been credible reports of sexual violence by Russian troops and of abductions and deportations of civilians. According to Iryna Venediktova, Ukraine’s prosecutor general, by April 21 Russia had committed more than 7,600 recorded war crimes.

Yet the US has been, for far too long, fatally ambivalent about war crimes. Its own history of moral evasiveness threatens to make the accusation that Putin and his forces have committed them systematically in Ukraine seem more like a useful weapon against an enemy than an assertion of universal principle. It also undermines the very institution that might eventually bring Putin and his subordinates to justice: the International Criminal Court (ICC).

There have long been two ways of thinking about the prosecution of war crimes. One is that it is a universal duty. Since human beings have equal rights, violations of those rights must be prosecuted regardless of the nationality or political persuasion of the perpetrators. The other is that the right to identify individuals as war criminals and punish them for their deeds is really just one of the spoils of victory. It is the winner’s prerogative—a political choice rather than a moral imperative.