Beth Van Schaack, Ambassador at Large for Global Criminal Justice and who is documenting the war crimes, said it’s the intention of the administration to make public what specific instances they have determined to be war crimes, but could not offer a timeline.

“We have to do a full assessment of the information that’s available to us and make sure that it doesn’t compromise any means and methods of collection, but I think keeping the world apprised of what’s happening on the ground in Ukraine is extremely important.”

Schaack added that she would not preview any action the administration may take in terms of sanctions related to a war crimes determination, and did not rule out that Putin, as commander in chief of Russia’s armed forces, could be held liable for war crimes in a court that holds jurisdiction.

“There are doctrines under international law and domestic law that are able to reach all the way up the chain of command.”

Schaack said the U.S. would share information of war crimes “with our friends and allies and with international and multilateral lateral institutions as appropriate,” and cited possible legal venues as courts in the U.S., courts in Ukraine, and regional courts.

The ambassador did not rule out sharing evidence with the International Criminal Court, but said “there have been no specific asks.”

The U.S. is not a party to the Rome Statute, the treaty that governs where the ICC holds authority, and the Trump administration imposed sanctions on court officials in opposition to their investigations into alleged U.S. war crimes in Afghanistan.

Schaack did not address U.S. sanctions on the court but said that because the U.S. is not a member of the court there are no “affirmative cooperation duties.”

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