But Mr. Graham said that the International Criminal Court appeared “to be the only venue that works” for investigating Mr. Putin. He said Congress would also “look at the laws on the books and see if they need to be changed to make sure these investigations can be supported, either financially or to provide any intelligence or manpower.”
Russia-Ukraine War: Key Developments
Card 1 of 3Striking civilian areas. Russian forces have escalated their attacks against civilian areas in Ukraine in recent days, including a rocket attack on a crowded train station in Kramatorsk that killed more than 50 people who were trying to flee the east of the country ahead of an expected offensive by Russian troops.
A strategy shift. Russia assigned a general to oversee its military campaign in Ukraine, creating for the first time a central command on the battlefield to coordinate its air, ground and sea units as the Russian military shifts its focus to Ukraine’s east and south. The general, Aleksandr V. Dvornikov, oversaw widespread atrocities by Russian forces in Syria.
Efforts to isolate Russia. In response to mounting evidence of Russian atrocities in Ukraine, the European Union approved a ban on Russian coal and imposed other measures, while the United Nations suspended Russia from the Human Rights Council. The U.S. Senate voted to strip the country of its preferential trade status with the United States.
A related issue under discussion among administration officials is whether the United States should soften its longstanding objection to the court exercising jurisdiction over citizens from a country that is not a party to its treaty, according to officials.
On the table is whether those decisions should instead depend on whether a particular country has a functioning justice system that can handle allegations of war crimes. The rationale is that it would be legitimate for the court to investigate Russian war crimes because Mr. Putin and his commanders appear to be committing them with domestic impunity.
Pentagon officials, however, are said to be balking. They contended that moving to a case-by-case approach would be shortsighted because it would make it harder for the United States to argue against court investigations into potential war crimes by American forces, officials said.
Some opponents of changing the American position are also said to have pointed to Israel — an ally that is also not a party to the treaty. The United States has objected to an investigation by the court of potential war crimes by Israeli forces.
But calls for shifting the U.S. position are growing louder.
Mr. Graham asserted that the court was set up to deal with situations only where the rule of law has collapsed — unlike the court systems in the United States or Israel, he said. By contrast, he argued, “there is no rule of law in Russia any more than there would be in certain parts of Africa” where the court has prosecuted warlords for atrocities.
And in a Washington Post opinion column last week, John Bellinger, a national security lawyer in the George W. Bush administration, and Christopher J. Dodd, a former Democratic senator who was responsible for adding the exception to the 2002 law, argued that “U.S. support for an I.C.C. investigation of Russian war crimes would not constitute a double standard or be inconsistent with U.S. objections to the court’s claimed jurisdiction over U.S. personnel.”