Crane leads the charge: Prosecutor wants tribunal to prosecute Russia for crimes of aggression
David Crane holds up a copy of his book, ‘Every Living Thing: Facing Down Terrorists, Warlords, and Thugs in West Africa — A Story of Justice.’ Kyle Perrotti photo
At odd hours of the day and night, Maggie Valley resident David Crane grabs a cup of coffee, meanders to the basement of his mountain cabin and speaks with the members of the high-level international workgroup he chairs. The aim: Establish a court through which to try Vladimir Putin and others for crimes of aggression against Ukraine.
Crane, 75, began working toward this mission in the days immediately following Russia’s invasion of Ukraine in February 2022. In March 2023, Putin was indicted on a war crime related to Russia’s invasion of Ukraine. Now, after three years of “political maneuvering,” as he called it, a new milestone has been achieved as the international community has signed off on the formation of a tribunal.
On the way, Crane and his working group have drafted several white papers making the case against Putin and high-level associates for multiple crimes of aggression and war crimes. The first white paper came in at 276 pages and was released in April 2022. One appendix in that paper includes a “crime narrative” that lists specific incidents in the first two months of the war and how they are violations of international law. The perpetrator listed for almost every incident is Russia.
“The people of Ukraine are not in this fight alone, and the international system of justice must step up and fulfill its role as a mechanism of accountability,” the first draft of the white paper reads. “Without it, the painful and brutal history of Ukrainian occupation will continue unabated, leaving democracy and justice around the world in peril.”
In response to Crane’s work, Putin banned him from traveling to any Russian Federation territories, something he has since worn as a sort of badge of honor.
Crane isn’t new to this world. In the early 2000s, he was the chief prosecutor for the Special Court of Sierra Leone, through which he prosecuted the warlord and then-Liberian President Charles Taylor, who committed countless war crimes and crimes against humanity. Crane was the first American to be at the head of a war crimes tribunal since Robert Jackson at Nuremberg after World War II.
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When Crane spoke in front of a group shortly after the 2022 invasion, someone in the audience asked what an indictment — which at that point hadn’t yet come to fruition — might tangibly mean for Putin. Would he be able to travel internationally without being arrested? If he just stays in Russia and plays it safe, will he live out the rest of his life without being brought to justice?
“He is an indicted war criminal, even if we never get him into court,” Crane said. “It doesn’t matter; it’s for life. It paints his history. It is the ultimate ash mark on his forehead. The only thing that could be worse for him is he’s brought in the court. And there may be a political circumstance by which Russia would hand Putin over for a fair and open trial like the international community did handing over Charles Taylor to me for a fair and open trial.”
Members of the group Crane chairs have teamed up numerous times over the past four decades, and Crane said they would fly to meet up in Europe for important discussions multiple times per month.
However, now he said he works about 20 hours per week, something made possible by Zoom’s ascension. During the pandemic, out-of-office workers across the country gathered regularly in front of their computer screens to keep their businesses afloat; Crane, from his quaint Maggie Valley abode, discussed how to prosecute one of the world’s most dangerous dictators with people from the United States, Canada, Sweden and South Africa.
“I used to have to fly across the Atlantic, so that’s a half a day. Now, I get a cup of coffee, and I go downstairs for two hours,” he said. “I’m actually more productive, because when you’re spending so much travel time in the air, you can’t really be productive.”
Crane described that over the last three years, the white papers which have served as guides for their efforts has necessarily been updated to include new alleged perpetrators and crimes; the fourth edition is set to publish soon.
Despite an indictment — something Crane certainly celebrated — there have been and remain plenty of hurdles to clear. Crane is quick to point out that setting into motion this justice mechanism is a political process with critical challenges on multiple fronts; there are numerous relevant parties, each with different interests and concerns regarding each specific element of the process.
The United Nations Security Council normally creates tribunals, but this is the first instance that the alleged perpetrator is a permanent member of the Security Council, so the measure has to go to the U.N. General Assembly and receive favorable votes from two-thirds of the countries. The working group prepared such a resolution while also drafting a statute under which the crimes could be prosecuted that would be signed by the UN and Ukraine. As of now, 140 countries have signed on.
The force behind Crane’s campaign was strong, but then, on Oct. 7, 2023, Hamas launched a coordinated terror attack that killed over 1,100 Israelis.
“The political momentum of the whole world shifted from Ukraine to Gaza, and the political interest in creating that tribunal went away,” Crane said.
The working group decided to meet in person in Washington, D.C., to discuss other options. Why not just create a group of UN member states that could come together and create their own tribunal, like at Nuremberg when France, the United States, Russia and the United Kingdom came together to create their own tribunal?
“There’s historical and legal precedent to do it … Let’s call it the Multinational Court for the Crime of Aggression,” Crane said.
A “multinational core group,” as crane called it, was formed. Initially, 40 nations signed up; now that number is about 45, although it ebbs and flows. About three-quarters of those nations are European.
A political foundation was built, but the United States still wouldn’t offer its full support.
“They don’t like the idea of nations coming together and holding another member state of the U.N. accountable for aggression, because the U.S. is an aggressor,” he said.
While many criticize President Donald Trump for his perceived indifference — or even loyalty — toward Putin, Crane said Trump doesn’t seem to care one way or the other about the formation of the tribunal and has stayed out of the way — a fortunate change, as far as he’s concerned. Instead of encouraging the formation of a tribunal, the United States, under former President Joe Biden, proved its loyalty to Ukraine through sending weapons and funding to defend itself against the Russian incursion.
In December, the core group and the Council of Europe tweaked the statute and eventually agreed to language that seemed appropriate. Next, Ukraine had to buy in. The statute went to Ukrainian President Volodymyr Zelenskyy in May, and on May 9, Ukraine agreed to move forward.
Next for Crane and his increasingly large cohort is sorting out logistical details, including hiring the right people to create the court, which likely be held at The Hague in The Netherlands. Crane hopes the actual court will begin its work sometime this upcoming winter. Of course, things can always change and there is much work to be done, but Crane is happy about this latest victory in his quest to prosecute Putin and others.
While Putin could potentially have to be tried in absentia, which produces its own set of challenges, and he may not ever again venture into a country or territory where he’d risk arrest, Crane is intent on carrying on. After all, one never knows what the future holds, and even if Putin is never apprehended, there are several others mentioned in the white papers who have allegedly perpetrated war crimes. Perhaps most importantly, Crane feels that in a time when strongmen are rising to power across the world, it’s important to send the message that crimes of aggression will not be tolerated.
“They’re all watching, and if nothing’s done … that would give them a green light. China takes Taiwan, North Korea takes South Korea, and so on,” he said.
Going forward, Crane said the key to success is to keep the momentum, keep this in the public eye while building the political will among the international community to keep pressing on — but time will tell if justice will be meted out.
