Before the Senate ForeignRelations Committee. The ambassador discussed ways russia could be brought to justice and accusations the pentagon withheld evidence of war crimes. This is an hour andn 15 minutes. The. [background noises] the Senate ForeignRelations Committee will come to order. Il for well over a year noticing the horror of putins illegal unprovoked invasion and the brutality he has inflicted on the people of ukraine. Russian airstrikes have destroyed schools, flattened apartment buildings, killed mothers and babies in maternity wards. We have witnessed bombs on children and caregivers of Government Protection attacks on civilian Nuclear Facilities and a systematic targeting of civilian infrastructure but it is a night here it does not let the current human rights organizations Russian Forces occupied village schools, airport hangers whatever they them find and converted into makeshift torture chambers with a beat, electrocute and threaten to mutilate ukrainian detainees. They have kidnapped children raped ukrainian women and girlsi exit rate executed men and start civilians. Make no mistake. These acts are war crimes and crimes against humanity. Mass atrocities putin and his underlings must be held responsible for. Even as the war rages on in ukraine we must do everything we can to gather and preserve evidence on these atrocities to lay the groundwork for justice. Some bath and i would hear a few of the u. S. Government efforts. I commend the state Department Early on in the war. Russian atrocities what they are, or crimes the Department Determination earlier this years crimes are not too widespread and systematic attack against ukraine civilian population. In other words there crimes against humanity. Now ambassador i commend you personally for your tireless effort and work shining a light on atrocities around the world to combat impunity not only for russian crimes but war crimes and crimes against humanity burma, sierra, and north korea. But it cannot just be you and your colleagues in the department of state and justice. Our entire government and the International Community must always follow up with actions. Ukraine prosecuted more than 88000, 88000 alleged war crimes and crimes against humanity to date. 88000 that number continues to grow who suffered unspeakable horrors and risk their lives the world and this body are rallying to seek accountability. It is not taking concrete actions to bring putin and those responsible for theseioti atrocs to justice but set a dangerous precedent. Last year on a bipartisan basis, Congress Gave the executive branch important new authority in the right information and other to war Crimes Investigation. Commend the icc for issuing the arrest for putin and his socalled commissioner for childrens rights. But here in the United States, we may be saying the right words when calling out these crimes the administration not use the tools we have provided to help hold putin accountable. It is simply inexcusable. It calls into question our resolve and commitment to justice. There are real consequences to this an action rest of the world is taking note. No i know there are many who support assist in icc including our witness today. State department is encouraged work with icc during putin to justice. It is noo secret the department of defense is the holdnt up. I asked the department of defense to participate in todays hearing so we can better understandy why they are blockg implementation of federal law. Whatever they are thinking ever fusible is unacceptable blocking critical u. S. Assistance for investigations into atrocities in ukraine. It is dangerous to our system of government. Did the department does not get to pick and choose which laws it will obey. Let me repeat that. The Defense Department does not get to pick and choose which laws it will obey part of the night they provide full support for investigations that could lead to Holding Russian officials accountable. We continue to hear about Russian Forces boiling peoples and water, systematically raping women while threatening their children. Killing in cold but we cannot sit and do nothing. Much of the world must come together impressive unity and response of the unjust war. We must make sure our efforts to an with condemnation must seek and deliver accountability. So ambassador, i look forward to exploring with you what more can be done to ensure putin and others are brought to justice for the work crimes, crimes against humanity and aggression including by supporting the icc. Show this is about more than words. There must to be and it will be accountability for the crimes against ukraine and people with that when we turn to r distinguh Ranking Member. Click send it mr. Chair. To start with what we say for the record im an absolute full agreement with remarks determined man in his Opening Statement. Im glad we are discussing this important discussion which had ukrainian witness to testify that has all been publicized i understand time is an issue like the term i like that someone from the Defense Department to talk to us about why they think they do not have to comply with the laws of the past. We are not done with that yet and im sure they know that. The atrocities putin has committed to ukraine very quickly rose to the level of genocide after the fact this can be possibly resolution last congress leaving despicable crimes. The diligently targeted civilians and infrastructure to erase ukraine off the map. One of the most egregious crimes was a russian bombing of Maternity Hospital last march. Countless citizen civilians have been killed in their own beds the International Community mustve been steadfast in documenting and prosecuting putins work crimes the vast reins multipronged response with a variety of jurisdictions to cover every aggressor from the master planners to the foot soldiers. I welcome iccs recent decision to arrest warrants for putin and the Russian Commission for childrens rights. From there despicable roles in particular children. The filtration camps russia is detaining torturing ukrainian citizens before transferring them into russia depraved as russian steel ukrainian children with the van by the thousands can the iccs work the office of the creighton prosecutors general over 85000 potential work crimes as the chairman noted. Its importantnt ukraine exercie its jurisdiction over crimes that can prosecute domestically. Probably made states provide essential assistance for documentation of work crimes and this committee is going to see matson for centerrc oversight capacity i look forward to hearing from you on the different avenues to pursue justice as well as what the myspace can do to increase its support for accountability for the ukrainian people. Other Department Leadership on issues related to the prevention of and response to atrocity crimes including war crimes, crimes against humanity andri genocide. Ambassador is a world renowned scholar on human rights law, International Justice issues with significant experience in practice and academics she taught most recently at Stanford Law School she directed Stanford International human rights conflict resolution clinic. We welcome investors are your for a full statement will be included in the record without objection. I would ask you to summarize in five minutes or so. So we can have a conversation with you on that, you are recognized. Parts wonderful good afternoon. Mr. Chairman, Ranking Member distinguished members of this committee. Opportunity to address you today. Senators, Vice President zelensky so aptly noted earlier this month there can be no peace without justice in ukraine. This is justice for the millions of people whose lives have been disrupted and destroyed as a result of the senseless unlawful unprovoked terrible war off territorial conquest launched by president putin. My office in collaboration with others in Many International partners solvent and Civil Society are working to strengthen five pathways to justice so pull the norms that we all hold dear and to ensure those most responsible for these abuses are held to account. Supporting each. The first Pathways International courts and institutions. Our efforts here include e workg to establish then to renew the mandate of the United Nations commission of inquiry devoted to ukraine. Multiple invocations of the muscat mechanism for security and cooperation in europe. We also sought to intervene in ukraines case against russia under the Genocide Convention for the International Court of justice. Finally as mentioned the prosecutor of international make his first move opened an investigation into the matter in ukraine and a successfully achieved two arrest warrants. We are grateful for the Bipartisan Legislation congress has enacted in support of the icc investigation in ukraine. Consequential work Crimes Investigation and history. The second pathway to justice aims to strengthen increase the capacity to document investigate prosecute crimes in the pretty importance of bright light justice. The prosecutor general as mentioned potentially prosecutable crimes to the Atrocity Crimes Advisory Group funded by my office with the European Union and the United Kingdom we are providing expert assistance and expert training on the whole range of investigative needs of the prosecutor general. Workingne with them to strengthn their ability to prosecute these cases and sift through the 90000 crimes. This includes. Focus attention to consecrated Sexual Violence we know is rampant in ukraine is documented by the United Nations and other reputable bodies. The third pathway to justice a supporting strategic litigation may happen in third states. In europe we witness that mass globalization operating under the umbrella to coordinate strategies and share information and evidence. The state is participatete in these efforts the memorandum of understanding to engagement with the joint Investigative Team formed by a number of european states and also by work with Civil Society organizations. Intake impunity organizations are providing potential evidence witnesses et cetera due to national authorities. Prosecutions for the crime offo aggression offer a fourth pathway to justice. Permitting impunity for russias illegal war of aggression will embolden other actors who will engage in blatant violations of state sovereignty, territorial integrity and political independence. For this reason or support in the of a tribunal dedicated to the prosecution of aggression. One that is rooted in ukraines domestic system but is enhanced by multiple International Elements in the form of personnel, expertise, structure, support, information sharing, financing. The final pathway to justice lead to rigid United States states. This involves continuing to strengthen u. S. Law and ensuring the United States is not become a safe haven for those who commit International Crimes such as those committed in ukraine but elsewhere. Congress is taken a monumental step in this direction might pass the justice for war crimes act. This movie can be done to provide us prosecutors for the tools they need to process International Crimes for Deputy Attorney general lisa monica said before the Senate Judiciary committee United States lacks the crimes he could see many statute. Crimes against humanity encompass a range of abuses including murder, torture, rape, when they are committed in the context of widespread or systematic attack sibling population and pursuant to a policy of estate or organization to commit that attack. They can be committed during Armed Conflict but also in times of peace so they can be quite useful in other situations such as while jon brc has subjected the uighurs. Crimes against humanity. Beth and crimes humanity legislation will better align u. S. Law with all of our friends and allies. And also empowered to prosecute the whole range of International Crimes. Senators, there can be no secure or lasting peace without justice. Holding russia to account for his work crimes, crimes f and community than other atrocities within ukraine because ukrainian people is essential to the u. S. Values in the maintenance of a peaceful, just insecure world. We welcome the support of congress to achieve these goals. To advance the five pathways to justice to decision United States as a leader International Justice. With that i think you and i welcome your questions. Thank you. Well start around five minuteso relaxers at the criminal court i spoke with the prosecutor general prosecutor of the hague. We had a good conversation. Assist in the icc investigation to open the door to prosecutions of u. S. Service members. Largely dismissed by legal experts i raise this issue with thert prosecutor general. It was not his intention by any stretch of the imagination to do that. If anything he actively solicited the support of the United States. Particularly in information to substantiate the cases. You shared the concerns raised by the department of defense . Whats in my role in the lead diplomat i would work tirelessly to ensure no will be brought up that would ever come to pass again i do not think thats an acute risk at this type for the prosecutor is already announced his de prioritized anything into forces in afghanistan instead turning his attention as is appropriate to ongoing crimes against humanity committed by the taliban and other nonstate actors in afghanistan in addition another court operates under principal that if the National System s set up a court will back but so the prosecutor said with a robust system of military justice and we have the worker exact. We are in a very good position to any matters might emerge in the t future and some few people future hypothetical situation. I do not think the argument that by assisting in this matter which involves a national nonstate party, we are all undermining our ability to robustly protect against any charges that might be brought or interesting u. S. Personnel future. Once i printed that analysis but my only discussion with him in front of other members he said exactly the same thing. I do not understand why the department of defense is not providing critical information so we can ultimately get accountability here. Why does the state Department Support information and we ukraine investigation. What do we have to contribute to the cost . You mentioned some in your Opening Statement. How critical is our assistance versus otherri sources . s disturbing hard to imagine United States senate on the sidelines and this investigation given all that we have done the assessment we have made in ukraine for the investment we have made pursuing justice in ukraineis. We are unique of the unique assets we have for the intelligence that we have it. The brilliance of our diplomats as public manner and regional experts in the state department and elsewhere. There are many ways we could be supporting this investigation and respected witness protection,wi insider witnesses that may want to give testimony. All of those ways the past we have assist with International Prosecution before International Hybrid courts. There are a range of ways we could be of assistance. None of that would jeopardize. In fact it strengthens our positions because it shows as engagement works. It is important to maintain open lines of communication with International Organizations. Not just the corporate other International Organizations that might make decisions we might disagree with. Its important to engage in constructive helpful assistance when we can. That shows we are in good faith trusted partner in this regard. With issues with International Organization we know who to call permit lines of communication open. We have built a relationship of trust we can then rely on it and call upon you for fighting yourselves and defensive posture. Sender kunz was with me on this trip. One of the things we heard is the icc weve never had a challenge as large as russia. And as an adversary in a sense because putin