Judging Freedom - Russian Troops Discussed Bucha Atrocities Beforehand

Episode Date: April 7, 2022

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Resolve to earn your degree in the new year in the Bay with WGU. With courses available online 24-7 and monthly start dates, WGU offers maximum flexibility so you can focus on your future. Learn more at wgu.edu. Good morning, everyone. Judge Andrew Napolitano here for Judging Freedom. Today is Thursday, April 7th, 2022. It's about 9.05 in the morning on the east coast of the

United States. Breaking news overnight is that the German intelligence services, that's the German version of the CIA, has hacked into Russian communications in Ukraine between Russian commanders in the field and their bosses back in Moscow, and has downloaded communications about the massacres in Bukha, that's the small suburb outside of Kiev, where a large number of civilians were found murdered, many execution style, some with their hands tied behind their backs and bullets in their brains, before the killings happened. Now this is profound because of the issue of war crimes. We've discussed war crimes before. The tribunal that hears war crimes, the International Criminal Court in the Hague in Netherlands, is a creature of the Treaty of Rome. The Treaty of Rome was not signed by Russia or

Ukraine, or for that matter by the United States, North Korea, or China. And it won't try defendants who are not physically present in the courtroom. Nevertheless, Ukrainian armed forces have captured Russian soldiers. If they have captured commanders in the field that they can tie to this slaughter, even if they've captured soldiers, what the military sometimes calls grunts, low-level soldiers in the field that they can tie to the slaughter. By tie to the slaughter, I mean evidence that they ordered it or carried it out. Then those people can be transported to the Hague for trial. I'm not suggesting this is the best way to end the war,

but a lot of you have been asking about war crimes, and that's how the procedure would work. As for their bosses back in Moscow, well, again, the tribunal does not have jurisdiction over Russia, over Russian personnel, or over events in Ukraine. And it won't try, again, it won't try a defendant who's not physically present in the courtroom. But to repeat, if one of those people ended up in the courtroom because they were duped into going, foolish enough to go voluntarily, or brought there against their will, then that court would probably try them.

Look, President Biden has said Putin is a war criminal and his troops are committing war crimes. That's a popular view. It's technically not true that Putin is a war criminal because he hasn't been convicted of anything, but I understand the politics behind it. I also understand the politics behind dispatching American investigators, NATO investigators, international criminal court investigators, German investigators to gather evidence of war crimes. I get it. Is there going to be a trial? Who knows? How is this going to end? No one knows. The pictures of Buka were heartbreaking and repellent. That has a profound influence on public opinion.

My hope is that it does not push public opinion into accepting World War III. The United States does not have a national security interest in where the border lies between Russia and Ukraine. I think the president gets that. I believe the public does as well. Judge Napolitano for Judging Freedom.