This week, as Ukrainian President Volodymyr Zelensky walked around Washington, Congress unanimously passed a major bill to hold Russia accountable for actions against Ukraine.. On Thursday, the House of Representatives passed the War Crimes Victims of Justice Act.. Now it must be signed by President Joe Biden..

Gissow Nia, who leads the Strategic Litigation Program at the Atlantic Council, explained what the new US legislation means and why it matters to Ukraine and other countries affected by the war..

What Congress Changed?

The US Parliament has taken an important step to take care of accountability for war crimes. Previously, the United States could only be tried for war crimes if the perpetrator or victim were American citizens.. This meant that a Russian soldier, having committed war crimes against Ukrainians, could come to the United States and avoid criminal prosecution.. But the changes approved this week close that loophole.. U.S. prosecutors can now prosecute war criminals on U.S. soil, regardless of their nationality or the nationality of their victims, or where the crimes were committed.

Why change is only happening now?

Human rights activists have long been pushing for these changes so that courts in the United States will be able to prosecute atrocities around the world.. Officials in the Department of Defense, State Department and other government agencies have long supported the initiative.. Because it meets American obligations under the four Geneva Conventions.

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Russia's large-scale invasion of Ukraine has brought new urgency to the need to close a gap in legislation to take care of accountability for illegal Russian actions.. Nia writes that her team at the Strategic Litigation Project has begun holding meetings on Capitol Hill in an attempt to push for these changes.. As a result, in May, Senators Dick Durbin, Chuck Grassley, Lindsey Graham and Patrick Leahy, along with Rep. David Sicillin and Victoria Spartz, proposed a bipartisan legislative initiative in both houses of Congress..

How US War Crimes Prosecution Differs from the International Criminal Court?

The International Criminal Court has jurisdiction to hear war crimes committed in Ukraine. However, it is important to ensure that the US and other countries can do this too.. The mandate of the International Criminal Court is limited to dealing with the most serious crimes committed by high-level actors and only when national courts are not well suited to prosecute them.. Potential U.S. court cases will be brought against low-level violators not on the radar of the International Criminal Court.

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These are violators who can come to the US to avoid responsibility for their actions abroad, avoid inspections and start a new comfortable life.. The new decision of the Congress closes this gap in the legislation. So the US will no longer be a safe haven for war criminals..

What does this mean in practice?

This expansion of jurisdiction is important to ensure accountability. But in reality, this will not lead to the appearance of a large number of cases opened for Russia's actions in Ukraine..

Prosecution can only occur when the war crime suspect is physically present on U.S. soil. And American prosecutors must have hard evidence for prosecution and trial.. In addition, the law requires the U.S. Attorney General's Office to confirm that such prosecution is in the public interest and necessary to ensure justice.. However, despite this, new legislative changes will ensure that Russian war criminals, once on US soil in the future, do not escape responsibility..