Minutes. [inaudible conversations] [inaudible conversations] the Senate Foreign relations hearing will come to order. For over a year weve seen putins invasion and brutality on the people of ukraine. Russian air strikes have destroyed schools, flattened apartment buildings, killed mothers and babies in maternity wards. We have witnessed deliberate strikes on bomb shelters where children and their caregivers have gone for production and a systemic targeting of civilian infrastructure. Its a light nightmare that does not give up. And village schools, airport hangars and whatever they could find and turned them makeshift torture chambers. Theyve kidnapped ukrainian children. Raped ukrainian women and girls and executed ukrainian men and. Make no mistake, these acts are war crimes and crimes against humanity. Mass atrocities that putin and his underlings must be held responsible for. Even as the war rages on, we must do everything we can to gather and preserve evidence on these atrocities, and i want to hear from you, what the government is doing to support the efforts and i commend the state Department Early in the war calling russias atrocities what they are, war crimes and for a widespread and systemic attack against the civilian population, in other words, that they are crimes against humanity is laudable. Now, ambassador, i commend you personally for your tireless effort and work shining a light on atrocities around the world and to combat impunity for war crimes and crimes against humanity, from burma, to syria, to ethiopia and it cannot be just you and your department and colleagues, our government and the International Community must follow up with actions. Ukraines prosecutor general has chronicled more than 88,000, 88,000, alleged war crimes and crimes against humanity to date. 88,000. And that number continues to grow. Thanks to the testimony of brave ukrainians who suffered unspeakable horrors and risked their lives. Theyre rallying to seek accountability. Not taking concrete action for putins atrocities to justice would set a dangerous precedent. Last year, on a bipartisan basis, Congress Gave the executive branch important new authorities to provide information and other support to the International Criminal courts war crimes investigation. And i commend the icc for issuing arrest warrants for putin and his socalled commissioner for childrens rights. But here in the United States, while we may be saying the right words, and calling out these crimes, the administration has not used the tools we have provided to help hold putin accountable. Its simply inexcusable. It calls into question our reserve and commitment to justice. There are real consequences to this inaction and the rest of the world is taking note. Now, i know there are many who support assisting the icc, including our witness today. The state department has encouraged working with the icc to bring putin to justice, but its no secret that the department of defense is the holdup. I asked the department of defense to participate in todays hearing so we could better understand why they are blocking implementation of federal law. Whatever their thinking, a refusal is unacceptable in this situation, blocking critical u. S. Assistance into atrocities in ukraine and is dangerous to our system of government. The Defense Department does not get to pick and choose which laws it will owe say. Let me repeat that. The Defense Department does not get to pick and choose which it will. That could lead to Holding Russian officials accountable as we continue to hear about Russian Forces boiling peoples hands in water, systematically raping women and killing innocent citizens in cold blood. We cannot sit and do nothing. Theres a response to the unjust war, but we must make sure we do not end with condemnation, we must seek and deliver accountability. I look forward to exploring what more can be done to ensure that putin and others are brought to justice for war crimes, crimes against humanity and aggression including by supporting the icc. We must show that this is about more than words. There must be and will be accountability for the crimes against the ukrainian people. With that, let me turn to the distinguished Ranking Member. Thank you, mr. Chairman to start with. Let me say for the record, im in full agreement for the remarks that the chairman made in his Opening Statement on the subjects that he covered. Im glad that were discussing this important subject here today. I wish wed have had time to have a ukrainian witness who can testify to the horrors, all those been publicized and i understand at times its always an issue and like the chairman, id like to have had somebody here from the Defense Department to talk to us about why they think they dont have to comply with the laws that we passed. Doesnt make sense, but were not done with that yet. Im sure they know that. The atrocities putin committed in ukraine quickly rose to the level of genocide. To cover every aggressor the master planners to the foot soldiers. The recent decision to rest the childrens rights . For their despicable role, hundreds of thousands will go to russia, in particular children. Torturing citizens before transferring them into russia are depraved as ukrainian soldiers and their families by the thousands. 85000 potential war crimes. Its important they exercise jurisdiction over crimes domestically. The essential systems documentation of the war crimes and the committee will see that enforce the oversight capacity. We cannot allow putin to get away with vicious crimes and impunity is not an option. Look over to during from you and with the u. S. Can do to support its increase. Thank you, senator. The global criminal justice investment secretary of state and Department Leadership on issues related to the prevention of and response to crimes including war crimes, crimes against humanity side and genocide. World remind scholar on human rights law and significant experience in practice. Human rights conflict resolution so we welcome you, your full statement will be included in the record without objection. Id ask you to summarize in about five minutes or so the committee so we can have a conversation with you and you are recognized. Good afternoon distinguished members of committee. It is an honor and a privilege to appear before you global criminal justice. As president zelenskyy noted this month there can be no peace without justice in ukraine. This is justice for millions whose lives have been disrupted and destroyed after results of senseless unlawful, unprovoked terrible war of conquest. My office in collaboration with other offices within the u. S. Government and Many International partners is working to strengthen five pathways to justice to uphold International Norms we hold dear and ensure those most responsible are held to account. We welcome your support. The first pathway involves International Courts and institutions and efforts include working to establish and renew the mandate of United Nations inquiry devoted to ukraine. The moscow mechanism of the organization for security in europe and we have sought to intervene in ukraines case against russia under the Genocide Convention for the International Court of justice and as mentioned the prosecutor has made his first move and open an investigation into the matter of ukraine and the arrest warrant. We are grateful gestation congress enacted in support of the investigation in ukraine which may be the most consequential war crime investigation. The second pathway to justice aims to strengthen and increase capacity of ukraine institutions to document, prosecute crimes in ukraine court. This is the front line of justice. Never reported 90000 potential prosecutable crimes. The Advisory Group funded by my office with the European Union and United Kingdom we are providing expert assistance and advice, expert training in the whole range of investigative needs. Working them in the field to strengthen their ability to prosecute cases and six through 90000 possible crimes. This includes focus attention to Sexual Violence that we know ukraine documented by the United Nations and other reputable bodies. The third great is supporting litigation that may happen. In europe we witnessed mobilization of prosecutorial operating under the umbrella to coordinate strategy, track potential is hundred and share information and evidence. United states is participating in these efforts for understanding with individual space to the joint Investigative Team for european states and working with Civil Society organization and impunity organizations providing potential evidence to National Prosecutor or investigation. The fourth pathway to justice permitting impunity for russias illegal war will embolden other actors engaged in similar relations sovereignty, territorial integrity and political independence. We are supporting the establishment of the prosecution of the crime of aggression and those most responsible rooted in ukraines thoracic system and enhanced by multiple International Elements in the form of personnel, expertise, structure, the court, information sharing and financing. The final pathway here to the United States involving continuing to strengthen u. S. Law and ensuring the u. S. Does not become a safe haven for those who commit International Crime such as those committed in ukraine but also elsewhere. A monumental step by passing the war crimes act to enhance federal work rights statues but theres more that can be done for prosecutors to prosecute International Crime. United states against liturgy. Crimes against merely encompasses murder, torture, rape and when they are committed in a widespread attack against the civilian population and pursuant to a policy of state or an organization to quit the attack they can be committed during our conflict but also in times of peace so they can be useful in other situations such as jobs with the prc subject uyghurs continues campaign of genocide and crimes against humanity. Passing legislation will better align long with friends and allies and empower u. S. Prosecutors and investigators to prosecute the range of International Crime. There can be no secure or lasting peace without Justice Holding russia to account for war crimes, crimes against humanity within the ukrainian people, it is foundational to the defense of u. S. Values and maintenance of a peaceful, just and secure world. We welcome the support of congress to achieve these goals in advance these pathways to justice and position of the United States as a Leader International justice so thank you and i welcome your questions. Last year because of the International Criminal take and spoke with the prosecutor. We had a good conversation. I understand the department of defense has expressed concerns distinct the investigation and open the door to prosecution of service members, something largely discussed by legal experts. I raised this issue, it was not his intention to do that. If anything, he actively solicited the support of the United States particularly in information to substantiate the cases. Do you share the concerns raised by the department of defense . In my role as lead diplomat in the justice space, i would work tirelessly to ensure anyone, if it were ever to come to best again but that is not a risk at this time. The prosecutor announced his prioritize any investigation into entry afghanistan and is turning attention is appropriate to ongoing crimes against humanity committed by the taliban and other nonstate actors in afghanistan. We know the court operates under principle of complement so if a National System steps up, the course was that back and thats what the prosecutor said had a robust system of military justice and war crimes act so we are in a good position to take care of matters that might emerge in the future. I do not think by assisting that involves nonstate party we are at all undermining our ability to protect against charges brought or any interest in u. S. Personnel in the future. I appreciate that because my own discussion in front of our members, he said the same thing so i dont understand why the department of defense is not providing critical information so he can get accountability here. Why does the state Department Support providing information and the ukraine investigation . What we have to contribute . How critical is our assistance . If you imagine the United States on the front line given all weve done and investments weve made in pursuing justice in ukraine, we are uniquely positioned to assist, given assets would have an intelligence we have and brilliance of diplomats and experts within the state department and elsewhere, anyways we can support this including witness protection and witnesses that may want to give testimony, is always in the past we have assisted so theres a range of ways we can be of assistance and none of that would jeopardize. I think it strengthens our position because it shows gives her works it important to maintain open lines of communication with organizations such as the court the other International Organizations we were disagree with and important to engage in constructive helpful assistance when we can the shows we are good faith partner in this regard so when we have issues we know who to call. You have lines of communication open and have built trust and then reliable and call upon if we ever find ourselves in the defensive posture. Senator is pursuing legislation on the same thing. One thing we heard is the icc is never had the nature of the charge of the nationstates largest russia and as an adversary incense and putin dictates what that does. How did the icc protect witnesses about putins atrocities . The reach we have seen of what russia is capable of doing going outside other countries to pursue people speak out against the regime, what more do they need to do to protect his victims and its own security and Cybersecurity Infrastructure . This is unlike anything the icc has ever undertaken so can you speak to that . Ive heard the same things to my visits. The court feels is under assault and is something theyve never seen it has the ability to infiltrate in ways previous countries did not present. You may have read and in turn masquerading as a graduate student, we are not prosecuting the individual for other measures because living under cover. It means they tried to protect themselves and given our tech sector and excellent cybersecurity, understanding and skills and personal, we are uniquely positioned to audit protections and make recommendations how they can strengthen their ability to protect evidence and witnesses much matter how much open source evidence, they are being generated. They will rely upon individuals willing to step up because they can bear witness to what theyve experienced and we need to keep them safe or they will not be able to proceed effectively. Thank you. I think its pretty obvious this is not a partisan issue. Do you agree with me in that regard . I do appreciate the cooperation on this legislation and supporting my work and the work my office. There are dark places about involvement in ukraine but my experience is a thin layer. I feel ive had nothing but support from the members. Interesting both the german and i talked about for whatever Reason Department of defense is pushing back on doing what we told him to do and we are not going to tolerate an agency saying we dont like that so we are not going to do that with. The other thing i was involved in drawing that legislation. Youre always cognizant of the fact that the could be pitfalls and could be a problem putting them in jeopardy. We avoided that and that specifically which to see that that didnt happen yet we wind up with the same criticism. Hours not protected by anybody from the department of defense as we drafted that. We didnt draft it under a basket, nobody came forward and said its a problem and now theyre talking about it being a problem so i hope you will join us to deal with what needs to be done. I agree legislation is carefully crafted, surgical in fact in the other protections remain in place. More than 100 bilateral treaties negotiated with partners in which they promised not to refer to the court so all protections remain in place. Thats what it is designed to do, designed without affecting any others in place that i worked. We will reiterate with the department very soon. With your background and experience, could you talk about how International Crime of aggression could be established to address russias actions against ukraine . And talking i guess what i envision is separate from icc and i really appreciate it. The icc does not so is giving rights to proposals to establish a special tribunal. The crime of aggression as the original sin is essentially that unleashed the other war crimes and rightly so thats why we are supporting this. As we look at the different models and drew upon my own Academic Experience and experience as a practitioner, i was guided by five main principles. Number one, maximize crime. We want to create an institution nimble and efficient in the ability to work. N