Ross: The problem with trying to apply the rule of law to war
Mar 1, 2022, 5:56 AM | Updated: 9:10 am
As the invasion of Ukraine continues, we hear more talk of war crimes.
Here’s Ukraine President Volodymyr Zelenskyy through a translator talking about the attack on Kharkiv:
“It was clearly a war crime. Kharkiv is a peaceful city, there are peaceful residential areas, no military facilities. The Russians knew where they were shooting.”
On CNN, Olena Gnes, a mother taking shelter with her child, knew exactly what should happen to Vladimir Putin:
“He has decided to send here his troops and airplanes and to bomb my city and kill my people simply because he wanted. For this, Putin has to be imprisoned because what he has done is an international, serious, and awful crime. He is just a crazy guy, crazy monkey who needs to be imprisoned, needs to be punished.”
No debate there. Just one problem – the International Criminal Court, which punishes war crimes, isn’t officially recognized by Ukraine, or by Russia, OR by us!
President Clinton was originally a supporter when it was being set up 22 years ago – until he realized that the U.S. military could ALSO be prosecuted.
He ended up signing the document – but only reluctantly. And successor, George W. Bush, just pulled out. And his successor, Barack Obama, made no attempt to rejoin.
When the court decided to investigate not just the Taliban, but U.S. conduct during the war in Afghanistan, President Trump signed an order prohibiting members of the court from even traveling to the United States. And then the court further annoyed the U.S. by investigating Israel’s conduct in Palestine.
This is the problem with trying to apply the rule of law to wars. A court can apply the law, but it’s the war that decides who has to obey.
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