Title

Preventing Mass Atrocities

Thursday, May 13, 2021
9:30am
United States
Members: 
Name: 
Senator Ben Cardin
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Roger Wicker
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Richard Hudson
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Tina Smith
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Steve Cohen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Marc Veasey
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Professor Timothy Snyder
Title: 
Richard C. Levin Professor of History
Body: 
Yale University
Name: 
Naomi Kikoler
Title: 
Director, Simon-Skjodt Center for the Prevention of Genocide
Body: 
United States Holocaust Memorial Museum

The mass atrocities and genocides committed in twentieth-century Europe spurred a worldwide consensus that there is a responsibility among states to both prevent and punish such heinous acts.

The U.S. Helsinki Commission convened its first hearing of the 117th Congress on May 13, 2021 to examine the interests of the United States in taking an active role in preventing mass killings, war crimes, crimes against humanity, and genocide; review warning signs that indicate risks for atrocities; and discuss the challenges of building and sustaining alliances among states in support of atrocities prevention.

Presiding over the hearing, Chairman Sen. Ben Cardin (MD) emphasized the international consensus behind the legal obligation to prevent and punish mass atrocity crimes—large-scale and deliberate acts on civilians that constitute acts of genocide, crimes against humanity, ethnic cleansing, and war crimes—and the responsibility of the United States to recognize and act on early warning signs.

Witnesses included Timothy Snyder, the Richard C. Levin Professor of History at Yale University and a permanent fellow at the Institute for Human Sciences in Vienna, and Naomi Kikoler, the director of the Simon-Skjodt Center for the Prevention of Genocide at the U.S. Holocaust Memorial Museum.

Snyder offered four recommendations to shape prevention-based policies against mass atrocities. First, foreign correspondents should be present abroad to provide reliable information, as widespread disinformation campaigns often take place before mass atrocities. Second, policymakers should aim to stem panic and assure that citizens can attain necessary resources—at the beginning of a mass atrocity, there is often a sense of scarcity and urgency. Third, prevention policies should focus on strengthening governments and civil society, as mass atrocities often occur in weak states. Fourth, the United States must embody human rights; in recent history, the weaponization of history has increased the risk of mass atrocities.

Once states resort to military force to stop mass atrocities, Snyder noted, it is already too late. Therefore, prevention is key.

Kikoler testified that mass atrocities are preventable, and effective action based on early warning signs can track, disrupt, and prevent such crimes. Kikoler pointed to troubling signs in the OSCE region, including hate speech targeting ethnic and religious minorities, existing armed conflict, and the rise of authoritarian governance. She also differentiated between upstream risks and imminent warning signs.

Kikoler also explained that atrocity prevention is in the best interest of the United States, as mass atrocities can have a devastating destabilizing effect on entire regions. She noted that although the U.S. leads the world in developing tools for atrocity prevention, these tools can still be improved.

Discussing the importance of holding those responsible for atrocities accountable, Snyder explained that accountability should extend beyond prosecution to include reputational and financial costs. Kikoler stressed the need to identify gaps in the atrocity prevention architecture, including those in domestic legislation criminalizing the commission of crimes against humanity.

Chairman Cardin asked the witnesses for suggestions on improving implementation of the Elie Wiesel Genocide and Atrocities Prevention Act and for suggestions for legislative change.

Kikoler recommended that when the next report is released, Congress should convene a hearing and ask the Department of State to review prevention strategies established to address the risks articulated for given states in the report. In addition, she proposed an annual briefing by the intelligence community to Congress on countries that may be at risk of genocide, and expanded atrocity prevention training for Foreign Service Offices in countries deemed at-risk.

With support from Kikoler, Snyder suggested an award from American journalists who report on genocide and genocide prevention, or a fellowship providing funding to young Americans interested in reporting on countries at risk. Both witnesses drew attention to the courageous examples of Gareth Jones and Jan Karski, who reported on the Soviet-made famine in Ukraine and the Holocaust, respectively.

To conclude the hearing, Chairman Cardin discussed the importance of learning from accurate history, understanding the role of non-governmental organizations in providing information on local communities, and correctly identifying the victim. He also reiterated the responsibility of policymakers to make atrocity prevention a priority in U.S. foreign policy.

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  • Helsinki Commission on Opening of Europe’s Largest Human Rights Meeting

    WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record.  One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region.  The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”

  • Co-Chairman Smith and Rep. Keating Introduce Resolution Supporting Progress and Reform in Bosnia

    WASHINGTON— U.S. Representative Chris Smith (NJ-04) introduced House Resolution 746 expressing support for the people of Bosnia as they prepare for elections on October 12, and for reforms that will enhance the country’s prospects for Euro-Atlantic integration.  “Nineteen years after the Srebrenica genocide and the Dayton Peace Accords, ethnic divisions have hardened as a generation has grown up under a system that classifies people into one of three ethnic communities, and diminishes the rights of anyone that doesn’t belong to one of those communities,” observed Rep. Smith, Co-Chairman of the U.S. Helsinki Commission and Chairman of the Human Rights subcommittee of the House Foreign Affairs Committee.  “As the people of Bosnia prepare to go to the polls, they should know the United States Congress supports their aspirations to have effective government institutions that serve them rather than perpetuate political stalemate, so that their country can advance toward Europe with its neighbors rather than fall further behind.” Rep. Bill Keating (MA-09) joined Co-Chairman Smith as the lead Democratic co-sponsor of the measure. “More Western Balkan states have been moving forward with their European Union and NATO aspirations while mitigating interethnic conflicts through the use of dialogue and negotiation, instead of brutality and division. In this way, the upcoming elections in Bosnia and Herzegovina present an opportunity for Bosnians to make their voices heard and demonstrate their willingness to pursue a peaceful and productive future,” said Rep. Keating, Ranking Member of the House Subcommittee on Europe, Eurasia, and Emerging Threats. “This resolution should serve as a strong indication that Members of Congress remain committed to Bosnia and Herzegovina’s path forward and will continue to urge the political leadership of that country to refrain from the divisive rhetoric and policies of the past in order to allow for all Bosnians to progress along with their Balkan peers.” House Resolution 746 expresses support for the people of Bosnia and Herzegovina as they seek to hold government officials accountable, prepare for elections at the state, entity and cantonal level, and consider constitutional or other reforms to enhance the country’s prospects for European and Euro-Atlantic integration. The Dayton Peace Accords, brokered by the international community with U.S. leadership in late 1995, ended a more than 3-year conflict in Bosnia and Herzegovina. The Accords we followed by a decade of gradual recovery, but attempts to move beyond the compromises that were needed to end the conflict but now impede progress has led to increasingly ineffective and corrupt government, divisive political rhetoric and growing public frustration.  The resolution also expresses the hope of Congress that the mid-October elections and commemoration of the Dayton Accords on their 20th anniversary next year will jointly serve as a catalyst for reform needed for Bosnia to move closer to eligibility for NATO and European Union membership. Rep. Smith, who is Co-Chair of the Congressional Caucus on Bosnia, also spoke to the situation in Bosnia in remarks delivered on the floor of the House. As Chairman of the Helsinki Commission in the 1990s during the Balkan conflicts, Rep. Smith chaired over 21 hearings on countries of the former Yugoslavia. In 2005, he authored H. Res. 199, which initiated a series of clear acknowledgements by other parliaments and international bodies that the atrocities which occurred at Srebrenica in 1995 constituted genocide.

  • U.S. Helsinki Commission Calls for Investigation, Accountability for Terrorist Act in Ukraine Separatist Region

    WASHINGTON—In response to the downing of Malaysian Airlines MH17 in territory controlled by separatists in Ukraine, members of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today called for unfettered access to the crash site for international investigators in order to establish responsibility for the killings in order to hold those parties accountable. “The downing of Malaysian Air flight 17 is an unspeakable tragedy. It did not have to happen and those responsible must be held accountable,” said Senator Ben Cardin (MD), Chairman of the U.S. Helsinki Commission. “As we mourn for those lost and share our heartfelt prayers with the victims' families, I encourage international efforts to establish what happened and who was responsible.  In particular, I welcome the efforts and courage of the OSCE’s Special Monitoring Mission team which has made its way to the crash site. I am extremely disappointed to learn that they were forced to depart after a mere 75 minutes due to aggression by the Moscow-sponsored separatists.  "This heinous crime is a direct consequence of Russia’s unjustified aggression in Ukraine which began with the annexation of Crimea nearly five months ago and has continued in two regions in eastern Ukraine, in violation of OSCE and other international norms. It is a direct result of Putin’s destabilization of Ukraine. The top three leaders of the so-called Donetsk People’s Republic are all Russian citizens and two of them are Russian intelligence operatives," continued Chairman Cardin. “Russia has continued to sponsor these terrorists with heavy weapons, equipment and men continuing to flow across the Russian border into Ukraine. If Russian involvement is confirmed, serious consideration needs to be given to designating the Donetsk People’s Republic a Foreign Terrorist Organization and the Russian Federation a State Sponsor of Terrorism.” Co-Chairman of the Commission, Representative Chris Smith (NJ-04), stated that “Our hearts go out to the family and friends of the 298 innocent victims, including 80 children, who perished, likely at the hands of Russian operatives. I urge the President to vigorously work for full access for identification and removal of victims’ remains, and international investigation. The entire area should be treated as a crime scene – as the plane appears to have been shot down by a surface-to-air missile launched from a separatist-controlled area. This follows a pattern of actions where the rebels have shot down Ukrainian military planes and helicopters, most recently a Ukrainian military cargo plane earlier this week, for which they took credit.” “I am profoundly saddened and outraged at the senseless loss of innocent civilians on Malaysian Airlines Flight 17,” said Commissioner Representative Michael Burgess (TX-26). “I am extremely disturbed by the lack of access for international observers and first responders and by reports of looting and of people contaminating the crash site.  Not only must we be able to conduct a proper investigation, but the remains of the victims must be treated properly and with the utmost respect. I am also troubled by reports that there may be other efforts by the separatists and Russian authorities to cover up what really happened.”

  • 15th Anniversary of the Bytyqi Brother Murders in Serbia

    Madam President, 15 years ago this week three American citizens--the brothers Ylli, Agron and Mehmet Bytyqi --were transferred from a prison to an Interior Ministry camp in Eastern Serbia. At that camp, they were executed and buried in a mass grave with dozens of Albanians from Kosovo. Today, I again call upon the Serbian authorities to bring those responsible for these murders to justice. Belgrade has given us assurances in recent years that action will be taken, but no clear steps have actually been taken to apprehend and prosecute those known to have been in command of the camp or the forces operating there. The three Bytyqi brothers went to Kosovo in 1999, a time of conflict and NATO intervention. Well after an agreed cessation of hostilities in early June, the brothers escorted an ethnic Romani family from Kosovo to territory still under Serbian control, where that family would be safer. Serbian authorities apprehended the brothers as they were undertaking this humanitarian task and held them in jail for 15 days for illegal entry. When time came for their release, they were instead turned over to a special operations unit of the Serbian Interior Ministry, transported to the camp and brutally executed. There was no due process, no trial, and no opportunity for the brothers to defend themselves. There was nothing but the cold-blooded murder of three American citizen brothers. Serbia today is not the Serbia of 15 years ago. The people of Serbia ousted the undemocratic and extreme nationalist regime of Slobodan Milosevic in 2000, and the country has since made a steady, if at times difficult, transition to democracy and the rule of law. In 2014, Serbia began accession talks to join the European Union, and in 2015 it will chair the OSCE, a European organization which promotes democratic norms and human rights. I applaud Serbia on its progress and I support its integration into Europe, but I cannot overlook the continued and contrasting absence of justice in the Bytyqi case. The new government of Prime Minister Aleksandar Vucic has pledged to act. It must now generate the political will to act. The protection of those responsible for this crime can no longer be tolerated. The surviving Bytyqi family deserves to see justice. Serbia itself will put a dark past behind it by providing this justice. Serbian-American relations and Serbia's OSCE chairmanship will be enhanced by providing justice. It is time for those responsible for the Bytyqi brother murders to lose their protection and to answer for the crimes they committed 15 years ago.

  • U.S. Helsinki Commission Commemorates Romani Revolt at Auschwitz, Deportation of Hungarian Jews

    WASHINGTON - U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) marked the 70th anniversary of the mass deportation of Hungary’s Jews and the Romani revolt at Auschwitz death camp in Nazi-occupied Poland. “On May 16, 70 years ago, 6,000 Roma at Auschwitz used improvised weapons to resist efforts to transport them from their barracks to the gas chambers. Sadly, their desperate and heroic efforts only delayed their mass murder," said Chairman Cardin. “I am appalled,” he continued, “when government officials, sometimes at the highest level, characterize Roma as criminals or ‘unadaptable’ using stereotypes that are reminiscent of Nazi racial theories. Remembering and teaching about Romani experiences during the Holocaust is critical in combating anti-Roma prejudices today.” Approximately 3,000 of those who participated in the Romani revolt were sent to Buchenwald and Ravensbruck concentration camps as forced labor, where most of them died. On August 2-3, 1944, the so-called ‘Gypsy Family Camp’ was liquidated and the remaining 2,879 Romani men, women and children were sent to the gas chambers. Altogether, 23,000 Romani people from 11 countries were deported to Auschwitz and approximately 19,000 perished. Some died as a result of inhumane medical experiments by Dr. Joseph Mengele. “This year also marks the 70th anniversary of the start of the final wave of Hungary’s war-time deportation of Jews,” noted Chairman Cardin. “Plans to empty the Romani camp at Auschwitz were, in fact, intended to make room for Jews arriving from Hungary.” Anti-Semitic legislation was introduced in Hungary with the 1920 Numerus Clausus, which established limits on the number of Jewish university students. In 1941, more than 17,000 Jews were deported from Hungary to German-occupied Kamenets-Podolsk, where they were executed. Between May 15 and July 9, 1944, 437,402 Hungarian Jews were deported in the largest deportation of Jews to Auschwitz in the shortest period of time from any country. One of every three Jews who died at Auschwitz was from Hungary. Cardin concluded, “I welcome the participation of Czech Prime Minister Sobotka in the memorial service held on May 10 at the site of the concentration camp for Roma at Lety. I urge the Czech Government to take steps to reflect the historic significance of this site for Romani survivors and their families everywhere.” Lety was the site of one of two concentration camps for Roma in the war-time Czech Republic. The construction of a large pork processing plant on the site during the communist period has generated continuing criticism. The Helsinki Commission supported the transfer of microfilm copies of its archives – the only known complete surviving archives of a Romani concentration camp – to the U.S. Holocaust Memorial Museum in 2000. On September 18, the U.S. Holocaust Memorial will hold a public symposium on new research regarding Roma and the Holocaust.

  • Georgia 2008, Ukraine 2014: Is Moldova Next?

    David Killion addressed the timely issue of another situation in a list of attacks on sovereignty by Russia.  Russia’s annexation of Crimea raised concerns that a scenario whereby Russia annexes Transnistria, Moldova’s secessionist region, is a very realistic possibility. Similar to Russia’s de facto annexation of Georgia’s two secessionist regions and Ukraine’s Crimea, Russia’s aggression against Moldova would be occurring as citizens of Moldova are considering accession to the major Euro-Atlantic institutions. Witnesses Eugen Carpov, Paul Goble, and Stephen Blank examined Russia’s intentions with regard to Transnistria and Moldova. The commented on Transnistria residents’ participation in the violence in Odessa and highlighted the Transnistria “Parliament’s” call for Russia to annex. They also drew attention to President Putin’s assertion to that Transnistria remain under an economic blockade and that the residents of the region suffer severe hardships as a result. This lively discussion focused on what the ongoing insecurity and conflict in the region foreshadows in the Southern Caucasus and beyond. 

  • Cardin, Rubio Introduce Syrian War Crimes Accountability Act of 2014

    WASHINGTON - U.S. Senators Ben Cardin (D-Md.) and Marco Rubio (R-Fla.), both members of the Senate Foreign Relations Committee, have introduced the Syrian War Crimes Accountability Act of 2014, legislation establishing a Syria-specific standard of reporting and accountability for crimes against humanity. The bill would require the U.S. State Department to report to relevant congressional committees on war crimes and crimes against humanity committed in Syria. This would include an account of war crimes and crimes against humanity committed by both the regime of President Bashar al-Assad and violent extremist groups and other combatants involved in the conflict. The report also requires a description of U.S. government efforts to ensure accountability for human rights violations in Syria. Senator Tim Kaine (D-Va.), also a member of the Senate Foreign Relations Committee, is an original cosponsor of the legislation. “The war tactics employed in Syria by both government and opposition forces fly in the face of the rules of war. The United States cannot stand idly by and allow the gross violation of human rights in Syria to go unchallenged,” said Senator Cardin, “This legislation sends a strong message to the international community that the United States remains firmly committed to bringing all perpetrators of international crimes in Syria to justice. Shedding light on the atrocities in Syria is critical to bringing human rights abusers to justice.” “For far too long the Assad regime and violent extremists in Syria have committed horrific human rights violations at the expense of millions of innocent Syrians,” said Senator Rubio. “These brutal crimes against civilians are appalling. The perpetrators deserve to be brought to justice, and this bill is a first step towards ensuring those responsible for human rights abuses are held accountable.” After 3 years, the violence in Syria continues unabated and according to the most recent report of the United Nation's Independent International Commission of Inquiry on the Syrian Arab republic, the conflict “has reached new levels of brutality.” UNICEF has reported that Syria is among the most dangerous places on Earth to be a child, pointing to high child casualty rates, brutalizing and traumatic violence, deteriorated access to education, and health concerns. The number of children suffering in Syria more than doubled in the third year of the conflict. The Syrian War Crimes Accountability Act of 2014 requires the Department of State to report on State and USAID efforts to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria during the conflict.  Specifically, the legislation: Condemns the ongoing violence  and  human rights abuses by the Syrian regime, as well as  violent extremist groups and other combatants involved in the Syrian civil war. Expresses support for the people of Syria seeking democratic change. Urges all parties to the conflict to immediately halt indiscriminate attacks on civilians. Calls on the President to support Syrian and International Community efforts to ensure accountability for war crimes and crimes against humanity committed during the conflict. Calls for a UN Security Council investigation into those crimes. Requires the Secretary of State to produce a report which: Describes the violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, as well as the weapons used for those crimes, and—where possible—the origins of  those weapons. Describes efforts by the State Department and USAID to ensure accountability for those crimes, including training activities, a strategy and implementation efforts.

  • Cardin Praises Bipartisan Unity in Support of Ukraine, Sanctions Against Russia

    WASHINGTON–U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and Chairman of the U.S. Helsinki Commission (CSCE), praised the full Senate passage of a package of loan guarantees for the new Ukraine government and economic sanctions on those responsible for the invasion of Crimea. “With today’s vote the Senate sent a clear message of solidarity with the people of Ukraine, and indignation for those responsible for the invasion of the Crimea. Russia must be held accountable for its blatant violations of international agreements. The sanctions leveled by Congress are intended to show that Mr. Putin’s inability to conform to international norms, and honor Russia’s agreements, will come at a heavy price. The government in Kyiv has the full support of United States and we will use all available diplomatic and economic tools to return stability to Ukraine,” said Senator Cardin. “I am disappointed that H.R 4152 does not include essential reforms that would strengthen the International Monetary Fund. Despite the omission this bill is a firm and confident step towards returning the region to normalcy. ”

  • The Dog Barks, but the Caravan Moves On: Highs and Lows in U.S.-Russia Relations

    This briefing addressed the state of the relationship between the United States and Russia and the need for continued cooperation across a range of vital interests. A number of questions were posed, including the following: Is the chill in relations deja vu all over again or a new and different break? Are bilateral relations doomed to perpetual confrontation? What are reasonable expectations for the future of the U.S.-Russia relationship? Witnesses testifying at the briefing – including James W. Warhola, Chairman of University of Maine’s Department of Political Science and Matthew Rojansky, Director of the Kennan Institute at the Wilson Center for International Scholars – sought to provide answers to these questions. Some suggestions for improving relations between the two countries given the relevant circumstances included maintaining open lines of communication, defining mutual interests, and responding to Russian action in Crimea through economic means.

  • Senate Floor Statement on Ukraine

    Madam President, Russia's invasion of Ukraine is one of the most serious breaches of the OSCE principles since the signing of the 1975 Helsinki Final Act. These principles are at the foundation of the Organization for Security and Cooperation in Europe. Russia, as a participating state, agreed to hold these principles, including territorial integrity of states, inviolability of frontiers, refraining from the threat of use of force, peaceful settlements of disputes, and others. With this invasion, which is based, as Secretary Kerry has stated, on a completely trumped-up set of pretexts, Russia has shown its utter contempt for these core principles, indeed, for the entire OSCE process--not only the OSCE but the 1994 Budapest Memorandum signed by the United States, the United Kingdom, Russia, and Ukraine that provides security assurances for Ukraine, and the 1997 Ukraine -Russia bilateral treaty, and the U.N. charter, and other international agreements. Russia’s military invasion of Ukraine is also a gross violation of the Vienna Document's confidence and security building mechanisms which govern military relations and arms control. So let's examine Vladimir Putin's justification for this unprovoked invasion. He claims there is a need to protect Russian interests and the rights of Russian-speaking minorities. They characterize it as a human rights protection mission that it clearly is not. Russian officials fail to show any real evidence that the rights of ethnic Russians in Crimea--where they actually constitute a majority and have the most clout politically--and Ukraine at large have been violated. In fact, there is overwhelming evidence that the protests in some Ukrainian cities are being stoked by the Russians. Putin and other Russian officials make all sorts of unfounded accusations, including that masked militia are roaming the streets of Kyiv, although the Ukrainian capital and most of Ukraine has been calm for the last few weeks. Mr. Putin claims there is a “rampage of reactionary forces, nationalist and anti-Semitic forces going on in certain parts of Ukraine.'' Yet Kyiv's chief rabbi and a vice president of the World Jewish Congress on Monday accused Russia of staging anti-Semitic provocations in Crimea.  Mr. Putin accuses Ukraine's new legitimate transition government--not yet 2 weeks old--of threatening ethnic Russians. Yet there is a myriad of credible reports to the contrary. Indeed, although there has been unrest in some cities, there has been no serious movement in the mostly Russian-speaking eastern and southern regions to join with Russia. The clear majority of Ukrainians wants to see their country remain unified and do not welcome Russian intervention. All Ukrainian religious groups have come out against the Russian intervention and stand in support of Ukraine's territorial integrity and inviolability of its borders, as have minority groups such as the Crimean Tatars and the Roma. I submit that the real threat posed by the new government is that it wants to assertively move Ukraine in the direction of political and economic reforms and in the direction of democracy, respect for how human rights, the rule of law--away from the unbridled corruption of the previous regime and the kind of autocratic rule found in today's Russia. As for protecting Russian interests in Crimea, the Russians have not produced one iota of evidence that the Russian Black Sea Fleet, based in the Crimean city of Sevastopol, is under any kind of threat. Indeed, when the Ukrainians reached out to the Russians to try to engage them peacefully, they have been rebuffed. Russian authorities need to send their troops back to the barracks and instead engage through diplomacy, not the threat or use of force. The Russian actions pose a threat beyond Ukraine and threaten to destabilize neighboring states. I pointed out at a hearing we had this week in the subcommittee of the Senate Foreign Relations Committee, and in a hearing of the Helsinki Commission, that if Russia can use force to try to change territories, what message does that send to the South China Sea, what message does that send to the Western Balkans? Just as Poland has already invoked article 4 NATO consultations, the Baltic States and others in the region are wary of Russian goals. As chairman of the Helsinki Commission and a former vice president of the OSCE Parliamentary Assembly, I am encouraged to see active and wide-ranging engagement of the OSCE to deescalate tensions and to foster peace and security in Ukraine. The OSCE has the tools to address concerns with regard to security on the ground in Crimea, minority rights, and with regard to preparations for this democratic transition to lead to free and fair elections. In response to a request by the Ukrainian Government, 18 OSCE participating states, including the United States, are sending 35 unarmed military personnel to Ukraine. This is taking place under the Vienna Document, which allows for voluntary hosting of visits to dispel concerns about unusual military activities. Various OSCE institutions are activating, at the request of the Ukrainian Government, including the OSCE's human rights office, known as the ODIHR, to provide human rights monitoring as well as election observation for the May 25 Presidential elections. The OSCE High Commissioner on National Minorities, Representative on Freedom of the Media, and the head of the Strategic Police Matters Unit, among others, are all in Kyiv this week conducting fact-finding missions. A full-scale, long-term OSCE Monitoring Mission is being proposed, and this mission needs to go forward. All of these OSCE efforts are aimed at deescalating tensions, fostering peace and stability, ensuring the observance of OSCE principles, including the human dimension, helping Ukraine in its transition, especially in the run-up to the May elections. These OSCE on-the-ground efforts are being thwarted by the Russian-controlled newly installed Crimean authorities. The OSCE Unusual Military Activities observers have been stopped from entering Crimea by unidentified men in military fatigues. Also, the OSCE Media Freedom Representative and her staff were temporarily blocked from leaving a hotel in Crimea where she was meeting with journalists and civil society activists. The U.N. special envoy was accosted by unidentified gunmen after visiting a naval headquarters in the Sevastopol. The blocking of international monitors--who were invited by the Ukrainian Government and who clearly are trying to seek peaceful resolutions to the conflict--is completely unacceptable and we should hold Russia responsible for their safety. Russia is a member of the OSCE--one of the founding members--and they are openly violating the core principles of the Helsinki Final Act. Russia signed on to the institutions that are available under OSCE for this exact type of circumstance--to give independent observation as to what is happening on the ground. Sending this mission, at the request of the host country, into Crimea is exactly the commitments made to reduce tensions in OSCE states, and Russia is blocking the use of that mechanism. The United States and the international community are deploying wide-ranging resources to contain and roll back Russia's aggression and to assist Ukraine's transition to a democratic, secure, and prosperous country. Both the Executive and the Congress are working around the clock on this. President Obama has taken concrete action and made concrete recommendations.  As the author of the Magnitsky Act, I welcome the White House sanctions announced today, including visa restrictions on officials and individuals threatening Ukraine's sovereignty and territorial integrity and financial sanctions against those "responsible for activities undermining democratic processes or institutions in Ukraine .'' It was just a little while ago that we passed the Magnitsky Act. We did that in response to gross human rights violations within Russia against an individual named Sergei Magnitsky. What we did is say that those who were responsible for these gross violations of internationally recognized rules should be held accountable, and if they are not held accountable, the least we can do in the United States is not give them safe haven in our country, not allow the corrupt dollars they have earned to be housed in America--no visas, no use of our banking system. The President is taking a similar action against those responsible for the invasion and military use against international rules in Ukraine. These steps are in addition to many other actions, including the suspension of bilateral discussions with Russia on trade and investment, stopping United States-Russia military-to-military engagement, and suspending preparations for the June G8 summit in Sochi. Both Chambers are working expeditiously on legislation to help Ukraine in this delicate period of transition. We also need to work expeditiously with our European friends and allies, and I am encouraged by the news that the EU is preparing a $15 billion aid package. Ukraine has exercised amazing restraint in not escalating the conflict, particularly in Crimea. I applaud their restraint and their action. The people of Ukraine have suffered an incredibly difficult history, and over the last century they have been subjected to two World Wars, 70 years of Soviet domination, including Stalin's genocidal famine. They certainly do not need another senseless war. Nothing justifies Russia's aggression--nothing. Our political and economic assistance at this time would be a testament to those who died at the Maidan just 2 weeks ago and a concrete manifestation that our words mean something and that we do indeed stand by the people of Ukraine as they make their historic choice for freedom, democracy, and a better life. I yield the floor.

  • Resolving Crises in East Asia Through a New System of Collective Security: The Helsinki Process as a Model

    This hearing discussed the possibility of establishing an organization in East Asia similar to the OSCE, in order to increase cooperation and improve regional security. Witnesses cited curbing North Korea’s nuclear ambitions, which have been condemned by Japan, China and South Korea, as a primary goal for such an organization.  Witnesses also suggested that an OSCE-like mechanism could be used to mediate air security zone disagreements and regional maritime issues.

  • Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims

    On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”

  • Justice In The International Extradition System, The Case Of George Wright And Beyond

    This briefing discussed the case of George Wright.  In 1963, Wright was implicated in the robbery of a gas station, during which he fatally beat and shot a man named Walter Patterson (a veteran of World War II and a Bronze Star recipient). Wright was sentenced to prison, but escaped to Algeria in the middle of his stay at Leesburg State Prison. 41 years later, Wright was discovered in Portugal. In spite of the U.S.’s and Portugal’s firm commitment regarding extradition, a court in Portugal inexplicably refused to extradite Wright. This hearing’s goal was to scrutinize what transpired in this case and what could be achieved in order to bring Wright to justice, raising the broader question about the international extradition system.

  • Prerequisites for Progress in Northern Ireland

    This hearing assessed the progress towards peace made in Northern Ireland and discussed ways to ensure the sustainability of the peace.  Witnesses condemned the British government for backtracking on the Good Friday Agreement, as well as the United States for not putting enough pressure on Great Britain. Witnesses identified the murder of human rights lawyer Patrick Finucane, whose widow Geraldine was in attendance, as an obstacle to peace.

  • Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE Area

    The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.

  • The Escalation of Violence Against Roma In Europe

    This hearing focused on the discrimination, exclusion, and persecution faced by the Roma people in Europe.  Witnesses discussed the E.U. countries’ various national strategies for Roma integration and their effectiveness.  The witnesses also provided recommendations for the Commissioners on how to support European countries’ integration efforts on the government-to-government level.

  • Conflicts in the Caucasus: Prospects for Resolutions

    Representative Michael Burgess led this briefing on the conflictual history in the Caucasus. Twenty years after the disappearance of the Soviet Union, the unresolved conflicts in the Caucasus remain one of its most problematic legacies. Despite the Organization for Security and Cooperation in Europe’s (OSCE) long mediation in the dispute over Nagorno-Karabakh, the results have been disappointing. After the 2008 Russia-Georgia war and Moscow’s subsequent recognition of the independence of Abkhazia and South Ossetia, the prospects for settling those conflicts seem more remote than ever. The witnesses examined where these conflicts stood at the end of 2011, what factors impeded a settlement,  whether the resumption of armed hostilities was a serious threat, whether changes in the negotiating format could yield  a better outcome, and what, if anything, could the United States do to facilitate a resolution.

  • U.S. Congressman Pledges to Push for ICC Indictment of Belarusian President Lukashenka

    The chairman of the U.S. Helsinki Commission has pledged to call on the Obama administration to push for the indictment of hard-line Belarusian President Alyaksandr Lukashenka by the International Criminal Court (ICC). While the chances of an indictment are unlikely, the pledge by Representative Chris Smith (Republican, New Jersey) was a clear sign that U.S. lawmakers have not forgotten the egregious human rights situation in the country ruled by the man some dub "Europe's last dictator." At a Helsinki Commission hearing that focused on Minsk's continuing crackdown on political opposition and civil society, Smith said he would send a letter to members of the Obama administration and the UN Security Council asking them to push for the indictment. In an interview with RFE/RL, he later said, "When you commit atrocities for 17 years, as [Lukashenka] has done, the time has come." "[Although] Belarus is not a signatory to the ICC, to the Rome Statute -- and nor are we, frankly -- we've done this before, and we did it with [President Omar al-] Bashir in Sudan. It will take a lot of work, but we need to begin that effort now to get the [UN] Security Council to make a special referral to begin that process," he said. "I'm sure China and Russia will object, but that's worth the fight, because this man commits atrocities on a daily basis against his own people," Smith added. The congressman made his pledge following the testimony of former Belarusian presidential candidate Ales Mikhalevich, who is in Washington for the first time since his release from a detention center in Minsk on February 19. Mikhalevich was one of seven opposition candidates and more than 600 people arrested during the regime's violent crackdown on protesters following Lukashenka's disputed reelection in December 2010. The official reaction to demonstrations drew widespread international condemnation and a coordinated sanctions program by Brussels and Washington. The financial and travel restrictions were accompanied by a boost in funding for the country's beleaguered civil society, journalists, and activists. As the one-year anniversary of the election approaches, watchdogs say the jailing and harassment of human rights defenders and protesters continues, while the independent media and judiciary face intense, often institutionalized, pressure. Mikhalevich says he had to sign agreement on collaborating with the Belarusian state security forces, which are still called the KGB, in order to secure his release. He has since been granted political asylum in the Czech Republic. Ahead of meetings with State Department officials and Washington-based NGOs, he told U.S. lawmakers that supporting Belarusian civil society -- and not holding out hope that Lukashenka will reform -- is the only way to effect change. "I'm absolutely sure that Lukashenka is ready to defend his power by all possible means. Unfortunately, we can compare Lukashenka with [former Libyan leader Muammar] Qaddafi. So I urge the United States, the European Union, and the international community not to trust another game of liberalization badly played by the regime," he said. "Cooperate only with independent civil society in Belarus: nongovernmental organizations, both unregistered and registered, independent newspapers and media, and democratic activists." Analysts say Lukashenka has long employed the tactic of pledging to loosen to grip on the country in exchange for a reprieve from sanctions -- a tactic that has worked in the past. Observers say he has also sought to capitalize on rifts between the United States and the EU, as well as between neighboring Russia and the West, to inhibit united action against his regime. After testifying, Mikhalevich told RFE/RL that he hoped the United States would more fully take on the role of "bad cop" if the EU, which borders Belarus and relies on it as a transit country for gas from Russia, hesitates to do so. "I'm absolutely sure than in order to succeed, the international community should have both the good cop and bad cop. Someone should play the role of the bad cop, and unfortunately, the European Union would not play this role. So I hope that the United States will be ready to do it," Mikhalevich said. Mikhalevich also offered a harrowing account of what he called "constant mental and physical torture" during his two months in custody, including being "stripped naked and forced to assume various positions." "Our legs were pulled apart with ropes and we could feel our ligaments tear," Mikhalevich said in his prepared remarks. Smith appeared visibly moved by account. "Rather than calling them the KGB, it ought to be called the KGB 'P' for 'perverts.' Masked men who strip other men naked, and women, presumably, as well -- those are acts of perversion that should not go unnoticed by the international community," said the Congressman. In July, the U.S. House of Representatives approved a bill sponsored by Smith that would strengthen existing sanctions against Minsk. It is awaiting consideration in the Senate. Smith told RFE/RL that Western attention on the situation in Belarus had been "obscured" to some extent by the events of the Arab Spring, and especially by the global economic downturn. He said that pushing for ICC action would be a sign that human rights are not "taking a back seat." "I've been very much involved for years in the special [UN-backed] court that [U.S. prosecutor] David Crane oversaw for Sierra Leone, and what I learned from that, and from the Rwandan court, and of course from the Yugoslav court, which held [Slobodan] Milosevic and [Ratko] Mladic and [Radovan] Karadzic to account, is that these thugs are frightened by the fact that they may be held to account. And Lukashenka will fear it, I believe, if we make a very serious effort to hold him to account at the International Criminal Court," said Smith. Mikhalevich told RFE/RL that he thinks the chances of ICC action against Lukashenka are slim, but that the prospect of such a move could help pressure the regime to release its political prisoners. "I think that definitely, it's very difficult to organize any [such] political process unless thousands of people are being killed, but still, it's necessary to do all attempts," he said. "And you never know how this regime will develop -- and how many victims we will have next year."

  • From Arab Spring to Coptic Winter: Sectarian Violence and the Struggle for Democratic Transition in Egypt

    On Sunday, October 9, 2011, 25 people were killed and more than 300 injured when the Egyptian military attacked a peaceful group of Coptic Christians protesting the burning of a church in Aswan. In what has been deemed the “Massacre at Maspero,” referring to the location of the demonstration, witnesses say the army fired on the demonstrators with live ammunition and plowed into the crowd with armored vehicles. The military denied the use of live ammunition and claimed that their soldiers were attacked by an armed mob. The military has arrested at least 28 people, almost all Copts, including prominent blogger Alaa Abdel Fattah, and brought them before military prosecutors. The hearing focused on violence perpetrated against the Coptic Christians in Egypt, the implications of the events for that community and the current Egyptian leadership, and prospects for the consolidation of democracy in Egypt.

  • Belarus: The Ongoing Crackdown and Forces for Change

    Nearly one year after the brutal post-December 19, 2010, election crackdown, the human rights picture in Belarus remains bleak. Brave and committed individuals who attempt to promote a democratic future for Belarus continue to be crushed by the dictatorial Lukashenka regime. Civil society continues to be under assault, with NGOs facing ever greater constraints, and freedoms of assembly and expression are severely curtailed. Yet the ongoing economic turmoil has produced growing disaffection, as manifested in Lukashenka’s plummeting popular support, and a changing domestic and international environment. The hearing will focus on the extent and impact of the crackdown on the lives of its victims and on the larger society, and what more can be done by the U.S. and our European partners to promote democratic change in Belarus.

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