President Biden champions prosecution of Putin for the crime of aggression in a special hybrid tribunal

Ignores United States crimes of aggression against Iraq, Libya, and Syria

The post-World War II International Military Tribunal sitting at Nuremberg prosecuted and convicted high-level Nazi officials for the crime of aggressive war, i.e., war not in self-defense. Among other things, such wars are prohibited by the Kellogg-Briand Pact and the United Nations Charter. Both the United States and the Soviet Union sat on the IMT along with Great Britain and France.

The IMT had scars. Before it was attacked by Adolf Hitler in Operation Barbarossa, the Soviet Union committed wars of aggression against Finland, Poland, and Romania. But none were prosecuted.

President Joe Biden is urging employment of the IMT precedent to prosecute Russian President Vladmir Putin for the crime of aggression against Ukraine before a hybrid tribunal. It would be part of the Ukraine judicial system, but involve judges or prosecutors from other countries, including the United States and its European allies and a physical presence in the Hague. Beth Van Schaack, U.S. Ambassador at Large for global criminal justice, argues the hybrid tribunal “will facilitate broader cross-regional international support and demonstrate Ukraine’s leadership in ensuring accountability for the crime of aggression.”

A wonderful idea, but premature. Other unpunished wars of aggression are higher in the queue: the 2003 United States war of aggression against Iraq undertaken by President George W. Bush; the 2011 United States war of aggression against Libya undertaken by President Barack Obama; and, the 2015 United States war of aggression against Syria likewise initiated by President Obama under the cloak of fighting ISIS.

Then Senator Biden voted for the 2003 war of aggression against Iraq. And as President Obama’s Vice President, he tacitly endorsed the wars of aggression against Libya and Syria.

When the United States submits Bush, Obama, and Biden to an international tribunal for prosecution for the crimes of aggressive war against Iraq, Libya, and Syria, we will have attained the moral standing required to call for the prosecution of Putin over attacking Ukraine.

Until that happens, we should stay our hand. As Jesus instructed, “He that is without sin among you, let him cast the first stone at her.”