One Crucial Step Congress Must Take To Turn Putin’s Cronies Against Him

Putin’s bloody invasion of Ukraine is a game-changer for the security architecture not only of Europe but of the entire world. It took two World Wars and tens of millions of lives to arrive at the current global rule-book for maintaining peace and stability. All of which is at this moment being torn apart by Moscow. Putin is, in effect, dragging us back to the 19^th century. If he is not stopped now, the world we knew just two weeks ago will be history. Not least because he will be emboldened and embolden others to follow his example. He will surely not stop at Ukraine. He is in the process of re-introducing the age of empire and predation. The cost to the world can only multiply.

As it happens, Putin has routinely and clearly revealed his strategic intentions ahead of time – and we routinely refused to believe him, so brazen did it seem. Once he followed through, we did nothing to punish him or deter the next adventure. The litany scarcely needs repeating: Chechnya, Georgia, Syria, Crimea, Donbas. Now the rest of Ukraine. All very predicable, and indeed logical from his perspective. After every such violation, the West responded by trying to bring his logic into line with the civilized world’s: pushing ‘reset’ buttons, more dialogue, forgiveness of previous horrors. Result? Merely to embolden him further in the face of what he saw as the West’s weakness.

Now we are confronted with the reality. He will not stop at Ukraine unless he is stopped in Ukraine. He has bandied about nuclear threats, attacked nuclear installations. He has threatened the use of tactical nuclear weapons. According to many reports he has used or is ready to use cluster and vacuum bombs. He has attacked civilian sites, hospitals, schools and massacred civilians during ceasefires. He needs to be stopped quickly. Economic and political sanctions are a robust and effective tool but only in the medium and long term. The West needs to deliver a more immediate blow. We’ve all heard too much lazy talk of not triggering a World War or a war with Nato and the like. Certainly more can be done with instant results without crossing that line – especially actions to create rapid dissent among his close cronies and the ruling elite.

While the International Criminal Court has already opened an investigation into Russia’s invasion of Ukraine, additional such initiatives are needed and fast. There’s one under way in Washington that looks like an excellent idea, a vitally important one, namely to launch a similar investigation on war crimes by the U.S. Attorney general against the members of the Russian Security Council. The initiative by Congressman Brad Sherman (see below for the text) is doing the rounds in Congress and must get maximum support. It will send a powerful signal to Putin’s inner circle, the yes-men who insulate and enable him. They must be made to fear the consequences of being implicated in his crimes. Already, there are doubts about the sanity of Putin’s decisions. Those cracks at the top can be widened by incentivizing defiance from his henchmen, if only to save their own skins. Congressman Sherman’s colleagues must support him.

Here’s the text of the initiative:

The Honorable Merrick Garland:

Attorney General, United States Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Dear Attorney General Garland:

The chief prosecutor of the International Criminal Court (ICC) has announced an investigation into whether, and by whom, war crimes have been committed in Ukraine in connection with Russia’s illegal invasion of that country. That forum – and indeed any forum – will face challenges in establishing adequate evidence, asserting jurisdiction and obtaining actual custody of individuals suspected of committing war crimes, and in completing other necessary tasks to successfully bring war criminals to justice.

The United States should institute its own proceedings against war crimes by members of the Russian Defense Council found to have been committed in Ukraine where the United States war crimes statute (18 USC 2441) or other law is applicable. Given its often unique ability to gather intelligence and conduct investigations, the U.S. is capable of providing assistance to the ICC in its efforts to gather evidence and is able to render other valuable assistance.

In these early days, we have already seen serious and deeply concerning reports of Russian forces hitting purely civilian targets, including orphanages¹, hospitals², civilian apartment complexes³, and even the Babi Yar Holocaust memorial⁴. While the ICC or efforts by other countries may address these issues, the United States should also investigate such atrocities. We urge you to be ready and willing to prosecute and to assist the ICC and others in such efforts to the maximum extent allowed by law.

There are reports of the Putin regime using banned clusters and thermobaric bombs, also known as vacuum bomb. The U.S. experts predict next will be chemical, followed by tactical nuclear weapons to demonstrate to world Putin not bluffing.

This is a conflict in which a sovereign, democratic state, posing no threat to the security of its neighbors or international security generally, namely Ukraine, has been viciously and illegally invaded by a neighbor, namely Russia, with the stated goal of Ukraine’s absorption or reduction to permanent vassal status. In addition to our interest in upholding international humanitarian law, we have an interest in holding accountable those responsible for violations of the laws of war in such a conflict as a deterrent – in this war and in every war.

Without prejudice as to any ultimate decision to institute criminal proceedings concerning the conduct of Russia’s invasion, we urge you to investigate on an ongoing basis whether war crimes have been committed, gather relevant evidence, and, if necessary and warranted, prosecute those responsible – including high ranking military commanders and officials – for war crimes in Ukraine. In addition, we urge you to assist the ICC and other nations in determining whether war crimes have been committed. Sincerely,

Member of Congress Member of Congress