Title

The Path to Justice in Southeastern Europe

Tuesday, October 07, 2003
2261 Rayburn House Office Building
Washington, DC 20515
United States
Members: 
Name: 
Hon. Chris Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Ben Cardin
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Judge Theodor Meron
Title: 
President
Body: 
International Criminal Tribunal for the former Yugoslavia (ICTY)
Statement: 

This briefing examined the status of current and future efforts to bring justice to southeastern Europe after a decade of conflict dominated by war crimes, crimes against humanity and genocide. The international responses to the atrocities committed in Yugoslavia during the 1990s, including the establishment of the International Criminal Tribunal for the former Yugoslavia, were addressed.

Theodor Meron, President of the Tribunal since March 2003, discussed the ongoing efforts of ICTY and the possibility of completing all trials by 2008 and appeals by 2010. He also addressed the advantages of transferring some cases for trial in national courts in the region and the challenges these courts would face in meeting international standards, including witness protection, fostering inter-state cooperation and garnering unbiased, independent judges.

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  • NATO Refocused, Europe Reinforced

    By Jessika Nebrat, Max Kampelman Fellow​ Following the escalation of Russia’s war against Ukraine, the North Atlantic Treaty Organization (NATO) is playing a role it has not filled in years. Forced to reconcentrate its attention to Europe’s defense, NATO allies are demonstrating persistent resolve in countering Moscow’s expansionist tendencies. In doing so, NATO returns to a core facet of its founding mission: the defense against Moscow’s militarism. While NATO represents just one facet of the Euro-Atlantic security infrastructure, it is perhaps the most robust organization bound by formal agreements, dedicated to peacekeeping, and capable of enforcement. Its mission to “guarantee the freedom and security of its members through political and military means” echoes the first dimension principles outlined by the Helsinki Final Act, and aligns NATO with the Organization for Security and Cooperation in Europe and the U.S. Helsinki Commission. In supporting each other’s work, these institutions mutually reinforce their shared values and bolster European security. History of NATO In the aftermath of the second World War, the United States, Canada, and several Western European nations sought to boost European economic reconstruction and protect themselves from Soviet domination. The 1947 Treaty of Dunkirk predated NATO in promoting Atlantic alliance and mutual assistance between France and the United Kingdom. The agreement was expanded in March 1948 as the Treaty of Brussels to engage Belgium, Luxembourg, and the Netherlands in military, economic, social, and cultural cooperation. In the same month, the United States hosted talks intended to unite both North American and Western European allies; as a result, NATO was officially signed into existence on April 4, 1949. The 12 founding member nations derived their legitimacy from United Nations (UN) Charter Article 51, which affirmed the right to collective defense. The foundational NATO Treaty mentioned collective defense only after declaring the parties’ commitments to finding peaceful resolutions of disputes, upholding UN principles, strengthening free institutions, and promoting economic collaboration. The Alliance formally defined its principal objectives to deter Soviet expansionism, oppose nationalist militarism on the continent, and bolster European political integration. Though it sought to deter military aggression, NATO’s original treaty did not provide any means of enforcing the agreed-upon principles. It was not until after the USSR’s 1949 detonation of an atomic bomb and the 1950 start of the Korean War that NATO approved a military command structure. In response, the Soviet Union established the Warsaw Pact in 1955. Though neither of the two ideologically opposed organizations used force during the Cold War, they engaged in an arms race that persisted until the Soviet Union dissolved in 1991. NATO after the Cold War Once NATO no longer had to defend against Soviet expansionism, the Alliance broadened the scope of its peacekeeping and security enforcement missions. In the 1990s, NATO forces were deployed: to Turkey during the Gulf Crisis; upon request to Russia and other Commonwealth of Independent States nations as part of a humanitarian mission after the fall of the USSR; to enforce a UN arms embargo and no-fly zone over former Yugoslavia; and in the Central Mediterranean during a period of tension with Libya. In the 21st century, NATO forces were also deployed during: the Second Gulf War; to the US and Afghanistan in the aftermath of the September 11, 2001 terrorist attacks, the only Article 5 invocation in NATO history; to mitigate rising ethnic tensions in North Macedonia; to counter terrorist activity in the Mediterranean; as counter-piracy escorts to UN World Food Programme ships transiting the Gulf of Aden; to train Iraqi security forces; to enforce a no-fly zone after the popular uprising in Libya; for peacekeeping in Sudan; and to provide disaster relief throughout Europe, the Middle East, and in the United States. NATO currently maintains active operations in Kosovo, the Mediterranean, Iraq, and throughout the African Union; it recently ramped up air policing as part of a peace-keeping response to the Russian Federation’s illegal annexation of Crimea in 2014, and the escalation against Ukraine this past February. Kremlin Narrative against NATO Over the years, Moscow has repeatedly resisted NATO enlargement – especially for countries it claims within its sphere of influence. Putin asserts that during a 1990 summit between President George H. W. Bush and President Gorbachev, the United States promised no further expansion of NATO; civil servants present at that meeting have refuted this claim, as has Mr. Gorbachev himself. In his conversation with Bush, Gorbachev repeatedly affirmed that nations have the right to make their own alliances. Though internal U.S. analyses of the 1990s suggested that expansion eastward may not be politically expedient, such positions never became official policy. The United States has remained resolute in its recognition of sovereign choice, and expansion has been driven by requests from former Soviet and Warsaw Pact states wary of Russian revanchism. The Kremlin has deployed an opposing narrative to justify Russian military engagements in Georgia in the early 2000s, and more recently in Ukraine. Putin sees the inclusion of either nation in NATO, and the political and economic liberalization that go with it, as threats to his regime’s stability. NATO membership would limit Russian interference in the internal affairs of either state. Additionally, if Russia’s neighbors and fellow post-Soviet states can become true democracies, provide higher quality of living, and ensure the rule of law, then why can’t Putin’s Russia? Any argument that NATO expansion threatens Russia misrepresents the organization, which is a diverse coalition dedicated to mutual defense and development. Moreover, such an assertion overlooks the efforts NATO has made to include and collaborate with Russia in the pursuit of cooperative security. NATO Back to its Roots By illegally and brutally invading Ukraine in February 2022 – a dramatic escalation of the grinding conflict started in 2014 – Putin has galvanized European and Western unity. Hearkening to its origins and returning attention to Eastern Europe, NATO is recommitting itself to “counter Russia’s attempts to destroy the foundations of international security and stability.” The international community is largely on board. In its collective attention beyond security, NATO – alongside other organizations – highlights not only the potential for, but the responsibility of the international community to condemn human rights violations, uphold the rule of law, and pursue economic health, all efforts that further challenge the Kremlin’s narrative that it can lead (or that there even needs to exist) an opposing bloc. Alarmed by Moscow’s renewed expansionism, Sweden and Finland have abandoned decades of neutrality in favor of NATO membership. They are on track towards the fastest accession process in history, and anticipate a smooth integration. Both already engage in the wider European community through membership in such organizations as the European Union and the Organization for Security and Cooperation in Europe. Their force structures are robust, and well-versed in NATO procedures following decades of partnership; their accession will secure northeast Europe, expand NATO’s border with Russia, and reinforce NATO presence in the Arctic and Baltic Sea. Although the Kremlin initially vowed “military and political repercussions” were Finland and Sweden to join NATO, such threats have dulled to warnings about the installation of NATO military infrastructure nearer Russia’s borders; as Finland and Sweden’s NATO membership neared finalization, Putin even expressed “no problem” with these states joining the Alliance. It remains to be seen how this change will play out. After decades of orientation towards international stabilization, humanitarian, and counterinsurgency mission sets, NATO has been refocused on European deterrence and defense following the Kremlin’s violent assault on Ukraine. In addition to condemning Russia’s invasion and supporting Ukraine via such measures as the Comprehensive Assistance Package, NATO plays a critical role in championing European collective defense and discouraging any expansion of conflict.    

  • Cardin, Shaheen, Wicker Introduce New Bipartisan Bill to Support Economic Development, Promote Democratic Resilience & Combat Corruption in the Balkans

    WASHINGTON – Helsinki Commission Chairman Ben Cardin (MD) with Jeanne Shaheen (D-N.H.), Chair of the Senate Foreign Relations Subcommittee on Europe and Regional Security Cooperation and member of the Helsinki Commission, introduced new bipartisan legislation with Helsinki Commission Ranking Member Sen. Roger Wicker (MS) called the Western Balkans Democracy and Prosperity Act. This legislation would support economic development in the region through initiatives on infrastructure, trade and anti-corruption, including codification of sanctions to deter destabilizing activity In the Western Balkans. Sens. Durbin (IL), Tillis (NC), Van Hollen (MD) and Murphy (CT) also are original cosponsors of the bipartisan legislation.  “While the Western Balkan nations have made great strides towards democratic governance since the end of the Yugoslav Wars, increasing political divisions and corruption threaten to erode this progress,” said Chairman Cardin. “We must continue to support our democratic partners and allies in the Balkans. This bipartisan bill will advance regional stability and anti-corruption efforts by establishing programs that encourage inclusive economic development, national anti-corruption strategy, and hold accountable those who threaten peace in the Western Balkans.” “Amid Russia’s unprovoked war in Ukraine and Putin’s clear ambitions to spread malign influence across Eastern Europe, the United States’ relationship with the Western Balkans is pivotal. That’s why I’m proud to introduce new bipartisan legislation that strengthens trade and investments between the U.S. and Western Balkans, while rooting out local corruption and codifying sanctions against destabilizing actors – all of which pave the way for greater Euro-Atlantic integration,” said Sen.Shaheen. “When I traveled to the Western Balkans in the Spring, I met with young leaders who shared their dreams of building a prosperous future in countries with strong democratic institutions and economic opportunity. Their stories – their visions of building a brighter future for the next generation – inspired my legislation. This region deserves every tool possible to build sustainable democracies, and I’m proud to lead this bipartisan bill that would foster relations between the U.S. and our Balkan partners and encourage greater regional integration.”  “The Balkans are countries with a rich and varied heritage, and they also occupy an increasingly important position in European affairs,” said Sen. Wicker. “This bill would send a strong bipartisan signal that the United States is committed to supporting diplomacy in the region.”  “As Putin’s unprovoked war in Ukraine rages on, we must not forget the hard won peace in the Balkans, which suffered terrible violence after the breakup of Yugoslavia.  The United States and our allies contributed greatly to ending that horrific conflict, and this legislation reaffirms our commitment to seeing a stable future for the region—one squarely rooted in the West,” said Sen. Durbin.  “The Balkans region is critical to Europe’s security, and we must deepen existing engagement with our partners as Russia continues its illegal war against Ukraine and threatens our NATO allies,” said Sen. Tillis. “In the spring, I was proud to visit Serbia, Bosnia-Herzegovina, Kosovo, and Belgium with Senator Shaheen to hear from leaders of these countries and relay to our colleagues the importance of expanding economic opportunity and combating corruption. This bipartisan legislation will demonstrate our support for their efforts to advance democracy, and I will work with my colleagues to build support and pass it out of Congress.” “Despite Putin’s intent, his bloody war in Ukraine has not weakened our global alliances, but bolstered them. Increasing our partnerships with the Western Balkans will allow us to build on this and spur new economic cooperation between our nations. This legislation will help us capitalize on these opportunities as we continue to support strengthening democracy in the region,” said Sen. Van Hollen. “Maintaining peace in the Balkans is critical to European security, especially as Putin grows more desperate in Ukraine and may turn to other countries for a victory. During my trip to the region this spring, it was clear the United States must deepen our engagement. This legislation will strengthen U.S.-Balkan ties, expand economic opportunity, and support efforts to advance democracy and root out corruption,” said Senator Murphy. Specifically, the Western Balkans Democracy and Prosperity Act:  Establishes a regional trade and economic competitiveness initiative, which would support democratic resilience, economic development and prosperity in the region.  Establishes an anti-corruption initiative that directs the Secretary of State to provide technical assistance for each country in the Western Balkans to develop a national anti-corruption strategy.   Codifies two U.S. executive orders that would grant authority for sanctions against those who threaten peace and stability in the Western Balkans and are engaged in corrupt behavior.   Boosts university partnerships, encourages Peace Corps engagement in the region, creates a Balkans Youth Leadership Initiative and requires the Development Finance Corporation to open a previously announced office in the region.  Full text of the bill is available here. 

  • Helsinki Commission Digital Digest July 2022

  • Helsinki Commission Deeply Concerned Over Latest Electoral Reform Initiative in Bosnia and Herzegovina

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and  Co-Chairman Rep. Steve Cohen (TN-09) today expressed deep concern about an effort by the international community’s High Representative in Bosnia to impose changes on the country’s electoral system barely two months prior to general elections in early October. They issued the following joint statement: “We share the concerns of members of civil society, academia, and the political community in Bosnia and Herzegovina about the current proposal of the international community’s High Representative to make changes to Bosnia’s electoral system shortly before the upcoming general elections.  These changes effectively only benefit the leading ethnically-based political party among Bosnia’s Croats and further entrench the divisive force of ethnicity in Bosnian politics as a whole.  They fail to tackle the broader issues of citizen-based democracy that so obviously need to be addressed for the country to overcome destabilizing impasse and move forward. The timing of their introduction also is problematic. “The Helsinki Commission has long supported electoral reforms in Bosnia and Herzegovina that remove ethnicity from governance. Such reforms should be designed to give citizens a wider range of truly democratic choices, an ability to hold their elected official accountable, a deserved sense of stability, and needed hope for European integration.  We also have supported a more assertive role for the international community and its representatives in the country, including the Office of the High Representative, in responding to the lack of democracy and stability in Bosnia and Herzegovina. However, we believe that this specific action, if imposed now, will not represent the true progress Bosnia needs and may effectively make things worse.”

  • Behind Enemy Lines

    As Russia’s genocidal war against Ukraine continues, Ukrainians in occupied territories are demonstrating courageous resistance in the face of atrocities, deprivation, and forced displacement, the scope and scale of which has shocked the world. This hearing examined the human toll the war is taking on the people of Ukraine. It also underscored the importance of continued assistance from Ukraine’s partners to help it win the war, restore its territorial integrity, rebuild its shattered infrastructure, and bring Russian war criminals to justice. U.S. Ambassador to the Organization for Security and Cooperation in Europe (OSCE) Michael R. Carpenter outlined his institution’s comprehensive approach to supporting Ukraine. The OSCE continues to provide Ukraine with military aid; expose Russia’s clear, gross, and uncorrected violation of the Helsinki Final Act based on its unprovoked aggression against Ukraine and the Ukrainian people people; impose costs on the Kremlin, including instituting export controls and restricting Moscow’s participation in OSCE activities due to its breach of all ten principles of the Helsinki Final Act; promote multilateral support forUkraine; and hold Russian individuals and leadership accountable, especially for Russia’s violations of human rights. Ambassador Carpenter also highlighted a recent report that centers on Russia’s human rights violations, produced by the OSCE’s Office for Democratic Institutions and Human Rights. Ukrainian MP Oleksiy Goncharenko highlighted the systematic attacks on his nation’s history, culture, and identity. In addition to mass civilian casualties, rape, and torture within Ukraine’s borders, more than 1.3 million citizens have been deported to the Russian Federation, 240,000 children among them. Many are forced into “filtration camps,” in which soldiers crudely inspect, interrogate, and terrorize Ukrainians to look for signs of loyalty to Kyiv. Territories that fall under Russian occupation have been quickly militarized and used for further assaults on neighboring regions. Goncharenko noted that Russia now occupies an amount of land in Ukraine roughly equivalent to the size of Pennsylvania. Olga Aivazovska, Board Chair of the Civil Network OPORA and Co-Founder of the International Center for Ukrainian Victory, highlighted heartbreaking stories of human suffering, and Putin’s use of an asymmetric arsenal – including food insecurity, energy control, and misinformation campaigns – against Ukraine. She implored the international community to sustain investigations into and seek justice for widespread human rights violations. She also called attention to the wealth of resources that Russia has stolen from Ukraine, and the investment it will require to rebuild the nation after victory. Ukrainian witnesses asked for additional U.S. military support in the form of long-range HIMARS missile systems, western fighter jets, and related training. They also emphasized the need to designate Russia as a state sponsor of terrorism, to cultivate the legal and humanitarian infrastructure necessary to ensure justice, and to rebuild Ukraine’s economic, agricultural, and energy capacities. Members assured witnesses that their dedication to supporting Ukraine remains unwavering, and that Ukraine remains a great inspiration for the free world. Related Information Witness Biographies

  • Helsinki Commission Hearing to Highlight Life in Ukraine's Newly Occupied Territories

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: BEHIND ENEMY LINES Life in Ukraine’s Newly Occupied Territories Wednesday, July 20, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission As Russia’s genocidal war against Ukraine continues, Ukrainians in occupied territories are demonstrating courageous resistance in the face of atrocities, deprivation, and forced displacement, the scope and scale of which has shocked the world. This hearing will examine the human toll the war is taking on the people of Ukraine. It also will underscore the importance of continued assistance from Ukraine’s partners to help it win the war, restore its territorial integrity, rebuild its shattered infrastructure, and bring Russian war criminals to justice. The following witnesses are scheduled to participate: Panel One: Michael Carpenter, Permanent Representative and Ambassador of the United States to the Organization for Security and Cooperation in Europe Panel Two: Oleksiy Goncharenko, Member of the Verkhovna Rada of Ukraine; Vice President of the Committee on Migration and Refugees, Parliamentary Assembly of the Council of Europe Olga Aivazovska, Head of the Board Civil Network OPORA; Co-Founder, International Center for Ukrainian Victory

  • Declare Putin’s War Genocide

    A bipartisan group of U.S. lawmakers introduced a resolution characterizing Russia’s actions in Ukraine as an act of genocide on Friday.  A draft of the resolution, seen by Foreign Policy, argues that atrocities committed by Russian troops in Ukraine, including indiscriminate attacks on civilians, the direct targeting of maternity hospitals and medical facilities, and the forcible transfer of hundreds of thousands of Ukrainians to Russia and Russian-held territory meet the criteria laid out in Article II of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.  Congressional resolutions are commonly used by lawmakers to express strongly held sentiments by members of the House of Representatives or Senate. Although the resolution is not legally binding, it sends a strong message of condemnation of Russia’s actions and indicates ongoing efforts by members of Congress to provide continued support to Ukraine beyond military aid.  In April, U.S. President Joe Biden characterized Russian atrocities in Ukraine as an act of genocide. “We’ll let the lawyers decide internationally whether or not it qualifies, but it sure seems that way to me,” he said, speaking to reporters in Iowa. Biden’s remarks were echoed by the Canadian and British prime ministers while French President Emmanuel Macron and German Chancellor Olaf Scholz declined to use the term, underscoring long-standing differences within the international community as to what constitutes genocide.  As a crime, genocide is distinct from other mass atrocities, and it is defined in the United Nation Genocide Convention as “acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” Since 1989, the U.S. State Department has recognized eight genocides, most recently declaring attacks on the Rohingya Muslims in Myanmar as genocide. U.S. designations of genocide can take years of gathering and analyzing evidence, and senior Biden administration officials noted that the president’s remarks in April did not constitute a formal U.S. policy shift. Arguing that events in Ukraine could constitute genocide, the resolution points to statements made in Russian state media and by senior officials, including by Russian President Vladimir Putin, that undermine Ukrainian statehood and sovereignty; the congressional resolution alleges that the atrocities were carried out with a specific purpose. Proving that the crimes are carried out with deliberate genocidal intent can often be difficult to prove in law.  A number of Russian soldiers and units—which were accused of committing war crimes in the Kyiv suburb of Bucha, specifically torture, rape, and summary executions of civilians—were awarded in April by Putin, who designated the 64th Motor Rifle Brigade as Guards and praised them for their “mass heroism and valor, tenacity, and courage.” The resolution is set to be introduced by Democratic Rep. Steve Cohen and is expected to be co-sponsored by a bipartisan group of House members who sit on the Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe. In April, the commission wrote to the president of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe to endorse a declaration passed by the Ukrainian parliament characterizing Russia’s actions as genocide and urging the assembly to pass a similar resolution.

  • The Helsinki Process: An Overview

    In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.

  • European Energy Security Post-Russia

    Russia is weaponizing energy to prolong its unlawful invasion of Ukraine. Unfortunately, the sanctions that Europe and the United States have put in place have not been enough to curb Russian aggression thus far and the European Union pays Russia almost a billion euros a day for energy resources—mostly gas— that fund the Russian war machine.  Germany, in particular, has struggled to move away from its dependence on Russian gas. At the start of the Russian invasion of Ukraine, Germany imported 55 percent of its gas from Russia. As of June 2022, Russian gas imports had decreased to 35 percent, with a goal to decrease to 10 percent by 2024, but progress is slow and buying any energy from Russia means that Germany continues to fund their unlawful invasion. Dr. Benjamin Schmitt, Research Associate at Harvard University and Senior Fellow at the Center for European Policy Analysis, pointed to the resurgence of Ostpolitik, a German diplomatic theory which seeks to build relationships and spread good governance through trade. First introduced in the Cold War era, Ostpolitik was put into action once more in the early 2000s by former Chancellor Gerhard Schroeder, who became infamous for lobbying for Kremlin-backed projects in office and for sitting on the board of the Russian state-owned energy company, Gazprom, after leaving office. However, Russia attempted to leverage such projects, including the Nord Stream 1 project and its ultimately bankrupted predecessor, Nord Stream 2, to increase the vulnerability of Western Europe toward Russia. According to Dr. Constanze Stelzenmüller, Senior Fellow at Brookings Institution, domestic political will exists in Germany to diversify energy sources, even if most are wary of making those changes immediately. German polling shows that one-third of Germans are willing to cut off Russian gas immediately, while two-thirds would prefer a slow gradual decrease in gas. Dr. Stelzenmüller explained that if Germany were to immediately cut off Russian gas supplies, it is likely that a recession would affect not only Germany, but also many surrounding Eastern European countries, most of which have less capacity to manage a recession. She stated, “Much of [Germany’s] manufacturing supply chains go deep into Eastern Europe. So, a recession in Germany would absolutely produce a massive, and perhaps worse, recession in our neighboring economies.”  Any actions taken against Russia should ensure that sanctions hit Russia harder than those countries imposing the sanctions. Mr. Yuriy Vitrenko, CEO of Naftogaz Ukraine, and Dr. Schmitt also emphasized the importance of the following recommendations outlined in the REPowerEU plan, the European Commission’s plan to make Europe independent from Russian energy before 2030, and the International Working Group on Russia Sanctions Energy Roadmap: Full European/US embargos on Russian gas. Creation of a special escrow account that will hold net proceeds due to Russia until the Kremlin ceases all hostilities. Diversification of energy dependance away from Russia through energy diplomacy that identifies other potential suppliers, like Qatar. Funding and construction of energy infrastructure around Europe. Termination of Gazprom ownership of all critical energy infrastructure in Europe. Designation of Russia as a state sponsor of terrorism, which would automatically trigger secondary sanctions on any country that imports Russian goods. Sanctioning of all Russian banks. Strengthening of Ukrainian capacity to participate in the energy sector through the creation of modern energy infrastructure during the post-war reconstruction period. Pass the Stop Helping America’s Malign Enemies (SHAME) Act, banning former U.S. government officials from seeking employment by Russian state-owned-enterprises, or Schroederization. Related Information Witness Biographies

  • European Energy Security Focus of Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: EUROPEAN ENERGY SECURITY POST-RUSSIA Tuesday, June 7, 2022 2:30 p.m. Watch live: www.youtube.com/HelsinkiCommission The United States and European allies have largely cut Russia out of the global economy following its full-scale invasion of Ukraine. However, given European reliance on Russian natural gas and oil, sweeping energy sanctions have lagged. The European Union spends nearly a billion euros a day on Russian energy, and several EU Member States are struggling to wean themselves off Russian resources in order to implement a full embargo. This hearing will examine plans to create a Europe that is wholly free from Russian oil and gas. Witnesses will discuss the importance of a robust energy embargo to starving the Russian war machine; options to ensure that Ukraine’s energy needs are met; alternative sources of energy for Europe; and the perspective of Germany, which plays an outsize role as the most powerful economy in Europe and a primary consumer of Russian natural resources. The following witnesses are scheduled to participate: Yuriy Vitrenko, CEO, Naftogaz Ukraine Constanze Stelzenmüller, Senior Fellow, Brookings Institution Benjamin Schmitt, Research Associate, Harvard University; Senior Fellow, Democratic Resilience Program at the Center for European Policy Analysis

  • Helsinki Commission Digital Digest May 2022

  • Supporting Ukrainian Refugees

    More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses discussed the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient.   Related Information Witness Biographies

  • Support for Ukrainian Refugees to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SUPPORTING UKRAINIAN REFUGEES U.S. Policy and Visa Issuance Wednesday, May 25, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses will discuss the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient. The following witnesses are scheduled to testify: Panel 1 Dana Francis, Acting Deputy Assistant Secretary of State, Bureau of Population, Refugees, and Migration,U.S. Department of State (TBC) Panel 2 H. E. Marek Magierowski, Ambassador of Poland to the United States Irina Manelis, Esq., Principal, Manelis Law

  • Russia's Swiss Enablers

    Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing examined the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists discussed how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. Related Information Panelist Biographies How the Swiss Law Enforcement Capitulated to the Russians in the Magnitsky Case - Bill Browder

  • Ukraine's prosecutor general testified about alleged Russian war crimes at U.S. Helsinki Commission hearing

    Ukraine's Prosecutor General Iryna Venediktova testified at the hearings of the Helsinki Commission on alleged war crimes of Russia in Ukraine, Venediktova said in a Facebook statement on Thursday. "The Helsinki Commission of the US Congress held a hearing on Russia's war crimes in Ukraine. I testified at the hearings about the horrific atrocities committed by the Russian army on our land: the deliberate bombing of civilian objects, killings and torture, the use of rape as a weapon," Venediktova said. The Helsinki Commission is a US government commission that "promotes human rights, military security, and economic cooperation in 57 countries," according to its website. Commissioners include US Senate, House of Representatives and executive branch members. The Ukrainian prosecutor general claimed that the Russian army had committed more than 9,800 war crimes in 70 days of war. She added that the unblocking of Mariupol and the end of the occupation of territories would open even more horrific cases for Ukraine to investigate. She said that "the red lining at the hearings were signs of genocide of the Ukrainian people and the prosecution of the main serial war criminal of the 21st century."  "The deportation of our children in order to erase their identity and bring them up as Russians is a direct proof of the plan to destroy Ukraine. The overriding task of the world community is to develop an effective international mechanism of justice and responsibility for Russia's crimes in Ukraine, which will become a tool now and a safeguard for the future," Venediktova said. Mariupol Mayor Vadym Boichenko has claimed that Russian forces deported almost 40,000 people from Mariupol to Russia or the breakaway Donetsk People's Republic. Russia also said that it has "evacuated" over one million people to Russian territory since Feb. 24. There is no way to verify the Russian data on evacuations. Ukrainian officials have repeatedly said that thousands of citizens are being deported to Russia forcibly.

  • Swiss Attacked for Going Easy on Seizing Russian Billions

    The $7.6 billion in Russian assets seized to date by Swiss authorities is “insulting,” outspoken Kremlin critic Bill Browder said at briefing on Russian money in Switzerland.  It’s “a lot of money in absolute terms but Switzerland is one of the main destinations for dirty Russian money,” said Browder. Given the Swiss Bankers Association has said there’s as much as 150 to 200 billion Swiss francs ($202 billion) in Russian assets in the country’s banks “I would almost say it’s slightly insulting,” he said.  Browder, who has also highlighted what he perceives to be Swiss prosecutors’ soft approach to investigating Russian financial crime, called on the U.S. to review its cooperation framework with its Swiss counterparts, during the hearing organized by the Commission on Security and Cooperation in Europe on Thursday. “Based on my experience, it would lead me to believe the Swiss are knowingly turning their head the other way when it comes to some of the other oligarchs,” said Browder. The Swiss government said a month ago it had blocked 7.5 billion Swiss francs ($8 billion) in Russian assets in the country to date, as it issues sanctions that mirror those imposed by the European Union on those seen as close to Vladimir Putin.  That figure represented a jump of 30% from their previous tally two weeks earlier and Swiss officials say the number will continue to rise as more assets hidden behind shell companies or in the names of associated are painstakingly uncovered.  Switzerland surprised the world in early March by departing from its tradition of neutrality and saying it would fully embrace the European Union measures against Russia.  But critics including Browder contend that the country needs to go much further. Read more: Swiss Hunt for Russian Wealth Criticized Despite $6 Billion Haul Erwin Bolliger, the chief of the Swiss Secretariat for Economic Affairs which is enforcing the sanctions, has tried to explain the gap by pointing out that are plenty of legitimately-held Russian investments in Switzerland. “There is merit in Bill’s suggestion to review the law enforcement relations between the U.S. and Switzerland,” said Mark Pieth, a law professor at the University of Basel and corruption expert, said at the hearing. Up until now, Switzerland’s approach to clamping down on dirty Russian money in the country has shown a “lack of courage,” Pieth said.

  • Russian War Crimes in Ukraine

    Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.”  The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice.   Related Information Witness Biographies  

  • Helsinki Commission Briefing to Examine Swiss Enabling of Russian Oligarchs

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance  

  • Helsinki Commission Digital Digest April 2022

  • Diverse Voices Reporting From Ukraine

    Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"

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