Testimony on the Russia Ukraine war and a potential war crimes from global criminal justice ambassador at large before the Senate Foreign relations committee. The ambassador discussed ways that russia could be brought to justice and accusations that the pentagon withheld evidence of war crimes. This is an hour and 15 minutes. The senate of Foreign Relations hearing will come to order. For well over a year now weve seen h the holder 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 and babies. Werd have witnessed strikes on bomb shelters where children and their caregivers have gone for protection. Attacks on civilian facilities into systematic targeting of civilian infrastructure. It is a nightmare that does not let up. According to International Human rights organizations, Russian Forces, villageup schools, airpt hangers, whatever they could find and converted them into makeshift torture chambers where they beat, electrocute and threaten to mutilate ukrainian detainees. Theyve kidnapped ukrainian children, raped ukrainian women and girls, executed ukrainian men and starved innocent civilians make no mistake these acts are war crimes and crimes against humanity. Mass atrocities putin 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. So, ambassador, i want to hear from you about what the u. S. Government is doing to support these efforts. I commend the state department for earlyme on in the war callig russian atrocities what they are, war crimes and the departments determination departments determination earlier this year that the crimes mounted to a widespread systematic attack against ukraine 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 to combat impunity not only for russian crimes but also war crimes and crimes against humanitys and countless other countries from burma to syria to ethiopia to 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. Ukraines prosecutor general cross chronicled more than 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 so that we could know the truth, the world and this body are rallying to seek accountability. Because not taking concrete actions to bring putin and those responsible for these atrocities to justice would set a dangerous precedent. Last year on a bipartisan basis, congress day of the executive branch important new authorities to provide information and other support to the International Criminal courts war Crimes Investigation and i commend them 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. It simply is inexcusable. It calls into question the resolve and commitment to justice. There are real consequences to this in action and the rest of the world is taking note. 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 hold up. 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 they are thinking, the refusal to implement the law is unacceptable in this situation, blocking critical u. S. Assistance for investigations into atrocities in ukraine and is dangerous to our system of government. The Defense Department doesnt get to pick and choose which laws it will obey. The Defense Department doesnt get to pick and choose which laws it will obey. The United States needs to provide full support for investigations that could lead to Holding Russian officials accountable. As we continue to hear about the Russian Forces boiling peoples hands in water, systematically raping women while threatening their children, killing innocent civilians in cold blood, we cannot sit and do nothing. Much of the world has come together in impressive unity with response to this but we must make sure our efforts do not end with condemnation. We must seek and to deliver accountability. So, ambassador, i look forward to exploring with you what more can be done to ensure that putin and others are brought to justice for their 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 Ranking Member. Thank you mr. Chairman, to start with let me say for the record im an absolute full agreement with the remarks that the chairman made in his Opening Statement. All the subjects that heme covered. Im glad we are discussing this important subject here today. I wish we had had time to have a ukrainian witness who could testify to the horrors although most of it thats all been publicized and i understand when time is always an issue a and im like the chairman, i would 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 pass. It doesnt make sense. But we are not done with that and im sure they know that. The atrocities putin has committed in ukraine after russias fullscale invasion of ukraine february 22 in fact this committee passed by resolution last congress labeling the despicable crimes against ukrainians as such. Russian forces deliberately targeted civilians and civilian infrastructure in the campaign to a erase ukraine off the map. One of the most egregious crimes was the bombing from the hospital in mariupol last march. Countless citizens, civilians had been killed and there own beds. The International Committee must remain steadfast in documenting and prosecuting the war crimes. The range of these occur on a multipronged response with a variety of jurisdictions to cover every aggressor from the master planners to the foot soldiers. I welcome the recent decision to issueo arrest warrants and the commissioner for childrens rights. For their despicable roles in the deportation of hundreds of thousands of ukrainians to russia in particular, children. Then filtration camps were the detainees are torturing citizens before transferring them into russia are particularly depraved. Beyond their work the office of the ukrainian prosecutor general recorded over 85,000 potential war crimes as the chairman noted. Its important ukraine exercise its jurisdiction and prosecute domestically. Im proud of the United States provided assistance for the documentation of the war crimes and this committee is going to see that that is enforced in our oversight capacity. We cannot allow putin and his cronies to get away with the vicious crimes they are committing. Impunity is not an option. I look forward to hearing from you on the different avenues to pursue justice as well as littles the United States can do to increase its support for accountability to the ukrainian people. Thank you, senator. As the ambassador for global criminal justice, ambassador advises the secretary of state and other departmental leadership on issues related to the prevention of and response to atrocity crimes including war crimes, crimes against humanity and genocide. A world renowned scholar on human rights law, International Justice issues with significant experience and practice and academia. E she taught most recently at stanford law where she directed the human rights conflict resolution clinic so we welcome you, ambassador. Your full statement will be included in the record without objection i would ask you to summarize it in about five minutes or so with a fair amount of interest in the committee so we can have a conversation with you a and with that you are recognized. Good afternoon mr. Chairman, distinguished members of the committee thank you so much for the opportunity to address you today its an honor and privilege to appear before you at the sixth u. S. Ambassador at large for global criminal justice. Senators, as president zelenskyy 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 this senseless unlawful, unprovoked terrible board of territorial conquest launched by president putin. My office in collaboration with other offices and the government and Many International partners, sovereign and Civil Society is working to strengthen five pathways to justice, to uphold the International Norms that we all hold dear and to ensure that thoser most responsible for thee abuses are held to account. We welcome your support in each. So, the first pathway involved International Courts and institutions. Our efforts here include working to establish and then to renew the mandate of the United Nations commission of inquiry devoted to ukraine, multiple invocations of the moscow mechanism of the organization for cooperation in europe. Weve also sought to intervene in the case before, against russia after the Genocide Convention before the International Court of justice and finally as mentioned, the prosecutor of the International Criminal court made his first move has opened an investigation into the matter in ukraine and has successfully achieved two arrest warrants. We are grateful for thee Bipartisan Legislation congress has enacted in support of the investigation in ukraine that may be the most consequential war Crime Investigation in Human History since nuremberg. The second pathway to justice aims to strengthen and increase the capacity of ukrainian institutions the document, u investigate and prosecute crimes and ukrainian courts. This is the front line of justice. It offers thee. Prosecutor genel as mentioned has not recorded almost 90,000 potentially prosecutable crimes. Through the Atrocity Crimes Advisory Group funded by my officeof with the European Union and thed united kingdom, we are providing expert assistance and advice, capacity building, expert training on a whole range of prosecutorial and investigative needs of the prosecutor general working with them in the field to strengthen their ability to prosecute the cases and to sit through these 90,000 potential prosecutable crimes. This includes a very focused ved attention to the scourge of Sexual Violence that we know is rampant in ukraine as documented by the United Nations and other reputable bodies. The third pathway to justice is supporting strategic litigation that may happen in third states. In europe we witnessed the Mass Mobilization of prosecutorial and investigative authorities operating under the umbrella to coordinate strategies to attract potential defendants and share information and evidence. The United States is participating in these efforts through the memoranda of understanding with individual states to engage with of the joint Investigative Team informed by a number of european states and also by working with Civil Society organizations. Antiimpunity organizations providingg potential evidence, witnesses et cetera to National Prosecutorial authorities. Prosecutions for the crime of aggression offer a fourth pathway to justice. Permitting impunity for russias illegal war of aggression well inl bold and other actors who will engage in a similar blatant violations of state sovereignty, territorial integrity and political independence. For this reason we are supporting the establishment of the special tribunal dedicated to the prosecution of the crime ofof aggression to those most responsible. One that is rooted in ukraines domestic system but that is enhanced by multiple International Elements in the form of personnel, expertise, structure, support, information sharing, financing. The final pathway to justice leads here to the United States. This involves continuing to strengthen u. S. Law and ensuring that the United States does not become a safe haven for those who commit International Crimes, such as those committed in ukraine but also elsewhere. Congress has taken a monumental step in this direction by passing the justice for war crimes act to enhance the federal war crime statute. But theres more that can be done c to provide u. S. Prosecuts with the tools they need to prosecute International Crimes as the Deputy Attorney general said recently before the Senate Judiciary committee, the United States lacks the crimes against humanity statute. Crimes against humanity encompass a range of abuses including murder, torture, rape. When they are committed in the context of a widespread or systematic attack against civilian population pursuant to a policy of either state or an organization to commit the 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 where the prc subjected to a Continuous Campaign of genocide and crimes against humanity. Passing crimes against humanity legislation will betterla align the law with all of our friends and allies and alsoo in power u. S. Prosecutors and investigatorsos to prosecute the whole range of International Crimes. Senators, there can be no secure or lasting w peace without justice. Holding russia to accountti for its work crimes, crimes against humanity and other atrocities within ukraine and against the ukrainian people is foundational to the defense of u. S. Values and the maintenance of a peaceful, just and secure world. We welcome the support of congress to achieve these goals to advance these five pathways to justice and to position the United States asit a leader in International Justice. So with that i thank you and welcome yourco questions. Thank you, ambassador. So, last year i was at the International Criminal court and i spoke with a prosecutor general of the hague. We had a good conversation. I understand the department of defense has expressed concerns that assisting the investigation could open the door to prosecutions of u. S. Service members, something that has largely been dismissed by legal experts. I raised this issue with the prosecutor general. It wasnt his intention but i instructed the United Nation to do that. If anything, he actively solicited the support of the United States particularly on information to substantiate the cases. Do you share those concerns that have been raised by the department of defense . I will say at the outset in my role as the lead diplomat in the internationalus justice spae i would work tirelessly to ensure that no u. S. Personnel would be brought before the icc if that were ever to come to passf again but i do not think that is a risk at this time. The prosecutor already announced he has de prioritized any investigation into International Forces in afghanistan and is instead turning his attention as is appropriate to ongoing crimes againstt humanity committed by the tele band, isis and other nonstate actors in afghanistan. In addition, we know that the courtt operates under a principe of complementarity so that if the National System steps up, the court will step back. That is what the prosecutor has said and we have a robust system of military justice and we now have the new war crimes act so we are in a very good position to take care of any matters that might emerge in the future or hypothetical situation. I do not think that the argument by assisting in this matter, which involves the national nonstate party we are at all undermining our ability to robustly protect against any charges that might be brought or interest in personnel in the future. I appreciate that an analysis because my own discussion with him in front of other members, ourr members, he said exac