The Pentagon is blocking the Biden administration from sharing with the
International Criminal Court in The Hague evidence gathered by U.S. intelligence
agencies about Russian atrocities in Ukraine, according to current and former
officials briefed on the matter. U.S. military leaders oppose such help because
they fear setting a precedent that might help pave the way for the court to
prosecute Americans. The rest of the administration favors giving the evidence
to the court, the officials said. President Biden has yet to resolve the
impasse, they added. The evidence is said to include details relevant to an
investigation that the chief prosecutor of the court, Karim Khan, began after
Russia’s invasion of Ukraine. The information reportedly includes material about
decisions by Russian officials to deliberately target civilian infrastructure
and to abduct thousands of Ukrainian children from occupied territory. The
I.C.C. was created two decades ago as a standing venue to investigate war
crimes, genocide and crimes against humanity under a 1998 treaty called the Rome
Statute. Many democracies joined the court, but the U.S. has long kept its
distance
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