Title

War Crimes in the Former Yugoslavia

Thursday, February 25, 1993
12:43pm
138 Dirksen Senate Office Building
Washington, DC
United States
Members: 
Name: 
Hon. Steny Hoyer
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Christopher Smith
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Louise Slaughter
Title Text: 
Member of Congress
Body: 
House of Representatives
Name: 
Hon. Rosa DeLauro
Title Text: 
Member of Congress
Body: 
House of Representatives
Witnesses: 
Name: 
Bianca Jagger
Title: 
Human Rights Worker
Body: 
Equality Now
Name: 
Feryal Gharahi
Title: 
Vice Chair of the Board of Directors
Body: 
Equality Now

This hearing focused on the ongoing conflict in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes and providing humanitarian relief. In particular, the hearing looked into systemic rape and forced impregnation in the former Yugoslavia. The hearing also largely focused on what measures the U.S. should adopt to assist communities and women affected by gender violence from the conflict. In addition, the Commissioners and witnesses discussed measures to prosecute individuals guilty of war crimes and how to address the refugee crisis.

Relevant countries: 
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  • The Growing Russian Military Threat in Europe

    Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. The Commission’s hearing on May 17, 2017, closely examined Russia’s military threats in Europe – especially in terms of Russia’s invasion of Ukraine and its attempts to influence events in other neighboring countries – alongside its ongoing violations of arms control agreements and confidence-building measures. Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistance Secretary of Defense; Mr. Stephen Rademaker, Principal with the Podesta Group and former Assistant Secretary of State; and Ambassador Steven Pifer, the Director of the Arms Control and Non-Proliferation Initiative at the Brooking Institution and former U.S. Ambassador to Ukraine. In his opening statement, Helsinki Commission Chairman Senator Roger Wicker reiterated that under President Vladimir Putin, Russia has violated a number of commitments enshrined in the Helsinki Final Act and other agreements, among them, the inviolability of frontiers or the principle of refraining from the threat of use of force against other states. “The Russian leadership has chosen an antagonistic stance, both regionally and globally, as it seeks to reassert its influence from a bygone era,” Chairman Wicker said. He was echoed by Representative Chris Smith, Co-Chairman of the Commission, who added that Russian aggression is more than a localized phenomenon. “Russia is threatening the foundations of European security and recklessly endangering the lives of millions,” Representative Smith said. Dr. Carpenter, the first witness to testify in the hearing, said that the Kremlin was relying on denial, deception, and unpredictability to advance its goals. “In the non-NATO countries, Russia has proven it is willing to use military force to achieve its aims.  In NATO countries, it is turning to asymmetric tactics, such as cyberattacks, cover subversion operations, and information warfare,” he said. Mr. Rademaker, who testified next, noted that Russia will comply with various arms control treaties like Conventional Armed Forces in Europe (CFE), Open Skies, and Intermediate-Range Nuclear Forces, only as long as it serves its interests.  He concluded that the Kremlin sees security in Europe as a zero-sum game–diminishing the security of its neighbors keeps Russia stronger in Moscow’s view. The third witness, Ambassador Pifer, focused on Russia’s involvement in the Ukraine crisis. “The Kremlin is not pursuing a settlement of the conflict, but instead seeks to use a simmering conflict as a means to pressure and destabilize the government in Kiev,” Ambassador Pifer said, adding that a change in Moscow’s policy is necessary to bring peace to Ukraine. Ambassador Pifer also argued that the US should consider applying additional sanctions on Russia related to its annexation of Crimea. Mr. Carpenter later echoed those concerns and said that the US should focus on financial sanctions in order to increase its pressure on Russia. He also said that the Magnitsky Act is “vastly underutilized by both the previous administration and this administration.” “If we do not check Russian aggression with more forceful measures now, we will end up dealing with many more crises and conflicts, spending billions of dollars more on the defense of our European allies, and potentially seeing our vision of a Europe whole and free undermined,” Mr. Carpenter argued. Answering a question on where the Kremlin could be expected to agitate next in Europe, Mr. Carpenter pointed to the countries of the Western Balkans that remain, in his view, “in the crosshairs of Russian influence operations now.” He said that Serbia and Macedonia are particularly vulnerable and the potential for a full-fledged ethnic conflict in the Balkans is very high. Mr. Rademaker added that the Western Balkan countries lie outside of NATO and therefore “present an opportunity for Russia.” He also expressed worries that the Baltic states, although members of NATO, are at risk as the Kremlin sees the area as a “near-abroad” and thinks Russia is entitled to play “a special security role” in the region. “We need to begin to shape Russian thinking, that they have to understand that there are certain places that the West will not tolerate Russian overreach and will push back on,” Ambassador Pifer concluded. “And hopefully, as we shape that thinking, maybe Moscow comes around to a more accommodating view on some of these questions.”

  • Former Top U.S. Officials Call For New Sanctions, More Aggressive Action On Russia

    WASHINGTON -- The United States should impose new sanctions and move more aggressively to "shape Russian thinking" in response to Moscow’s actions in Ukraine and elsewhere, former top State and Defense department officials said. Michael Carpenter, who was the Pentagon’s top Russia official until January, said the measures Washington should take should include deploying an armored brigade permanently to the Baltics and restricting some Russian surveillance flights over U.S. territory now authorized under the 2002 Open Skies treaty. "If we do not check Russian aggression with more forceful measures now, we will end up dealing with many more crises and conflicts, spending billions of dollars more in the defense of our European allies, and potentially see our vision of Europe whole and free undermined," Carpenter told a hearing of the U.S. Helsinki Commission on May 17. Carpenter, along with former State Department arms control director Stephen Rademaker, also suggested that the United States should consider returning intermediate-range cruise missiles to Europe, in response to Russia’s alleged violations of a key Cold War-era arms agreement. Rademaker told the commission that Russia will comply with important treaties like Open Skies, Intermediate-Range Nuclear Forces, and Conventional Armed Forces in Europe but only when it is in Moscow’s interest. When it isn’t in Moscow’s interest, "it will seek to terminate them…or violate them while continuing to play lip service to them...or it will selectively implement them," he said. Russia, for its part, has repeatedly denied violating the Intermediate-Range Nuclear Forces treaty and instead accuses the United States itself of violating the agreement. Carpenter called for more financial sanctions that leverage U.S. dominance in financial markets, for more pressure on top Russian officials, and he said that the so-called Magnitsky Act, a 2012 law that puts restrictions on alleged Russian human rights offenders, had been "vastly underutilized." Steven Pifer, a former U.S. ambassador to Ukraine, said the list should be expanded to include relatives of Kremlin-connected oligarchs and other powerful government officials, for example, to keep their children from enrolling at U.S. colleges and universities or spouses from "going on London shopping trips." During last year's election campaign, U.S. President Donald Trump repeatedly expressed a conciliatory approach toward Moscow, saying more cooperation was needed in the fight against terrorism. Since taking office, however, the administration has largely maintained the stiff-armed policy initiated by Trump's predecessor, Barack Obama. The Helsinki Commission is a U.S. government agency that monitors international adherence to the 1975 Helsinki Accords on human rights.

  • Russian Military Activities in Europe to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following hearing: “THE GROWING RUSSIAN MILITARY THREAT IN EUROPE: ASSESSING AND ADDRESSING THE CHALLENGE” Wednesday, May 17, 2017 9:30 AM Senate Visitors Center (SVC) Room 208/209 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce051717 Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. Witnesses will review Russia’s military activities in Europe, and how Moscow has consistently and deliberately undermined its OSCE and related arms control commitments. Witnesses will also explore if and how Russia could be coaxed back into compliance, and assess the OSCE as a vehicle to address the growing instability and unpredictability in the European security environment.  The following witnesses are scheduled to testify: Michael Carpenter, former Deputy Assistant Secretary of Defense for Russia, Ukraine, Eurasia; currently Senior Director at the Biden Center for Diplomacy and Global Engagement  Steven Pifer, Senior Fellow and Director of the Arms Control and Non-Proliferation Initiative at the Brookings Institution Stephen Rademaker, Principal, Podesta Group; former Assistant Secretary of State in charge of the Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Russian Military Aggression in Europe: A Resurgent Threat to Stability

    On March 21 and March 23, 2017, expert witnesses—including Gen. Curtis M. Scaparrotti, NATO’s Supreme Allied Commander-Europe—testified in front of the Senate Armed Services Committee (SASC) about ongoing Russian activities in the European region. The impact of Russia’s military aggression and its failure to uphold fundamental international agreements were of paramount importance to Helsinki Commission Chairman Senator Roger Wicker (MS), a senior member of the Senate Armed Services Committee, and Senator Jeanne Shaheen (NH), also a Helsinki Commissioner and a senior member of the Senate Armed Services and Foreign Relations Committees. Three key themes emerged in the Commissioners’ questioning: the challenges Russian military activities, including exercises, pose to the stability of the European security environment; Moscow’s flaunting of its security-related commitments; and the role of the Organization for Security and Cooperation in Europe (OSCE) in addressing these violations Download the full report to learn more. Contributor: Alex Tiersky, Senior Policy Advisor

  • International Roma Day 2017

    International Roma Day is observed annually on April 8, commemorating the anniversary of the1971 London meeting of Romani activists from across Europe. The 1971 London meeting, convened as the "World Romani Congress," was one of the first transnational gatherings of Roma.  Since 1990, International Roma Day has been an opportunity to celebrate Romani culture and counter anti-Roma prejudice that fosters political and economic marginalization.  Roma—Europe’s Largest Ethnic Minority Roma live throughout all European countries as well as the Americas and Australasia. In Europe, the Roma population is very conservatively estimated at 15 million, with large concentrations in Central, Eastern, and Southern Europe.  Roma have migrated to the United States since the colonial period. There are an estimated one million Americans with some Romani roots (recent or distant Romani ancestry).  Roma live throughout the United States, with larger communities in New York City, Baltimore, Chicago, and Los Angeles. They are sometimes the victims of racial profiling by law enforcement.  The last explicitly anti-Roma law in the United States was repealed in New Jersey in 1998. Romani Americans have served as public members on the U.S. delegation to several OSCE human dimension meetings.  In 2016, the President appointed Dr. Ethel Brooks to serve on the U.S. Holocaust Memorial Museum Council, bringing a Romani voice to that body. Helsinki Commission Advocacy on Romani Human Rights The Commission has long record of addressing human rights issues relating to Roma.  As early as 1990, a Helsinki Commission delegation in Bucharest raised alarm orchestrated attacks on Roma conducted as part of a larger crackdown on dissent.  Helsinki Commissioners have continued to engage regarding the situation of Roma through hearings, briefings, and congressional meetings with Roma in Europe and the United States.  In recent years, the Commission has supported Romani inclusion in annual initiatives for political leaders such as the Transatlantic Minority Political Leadership Conference (TMPLC) and Transatlantic Inclusion Leaders Network (TILN).  On March 27-28, the Commission worked in cooperation with the OSCE Office for Democratic Institutions and Human Rights to hold a workshop during “Roma Week” at the European Parliament in Brussels titled, “Strengthening diverse leadership, participation and representation of Roma, including women and youth, in public and political life.”  Roma Day Events in the United States Harvard will host its fifth Annual Roma conference on April 10, where Helsinki Commission staff will participate. Scholars of Romani culture and Roma who work as academics, activists, and performers will convene a conference at New York University April 28-29. Later in the spring, on May 6, the 20th Annual Herdeljezi Music Festival will be held in the San Francisco area at the Croatian American Cultural Center. In the Washington area, the Embassy of the Czech Republic supported a March 30 screening of the documentary about the prejudice faced by the FC Roma football club. On May 17, the Czech Embassy will support a concert at the national Gallery of Art by Romani-Czech pianist Tomas Kaco. Learn More International Roma Day: Statement by U.S. Secretary of State Rex Tillerson Celebrating International Roma Day: Statement by USOSCE Acting Deputy Chief of Mission Michele Siders International Roma Day: Statement by OSCE/ODIHR Director Michael Link

  • Romani Political Participation Key to Change

    On March 27 and 28, 2017, thirty-five Romani elected officials and civil society representatives participated in a two-day event held by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in cooperation with the U.S. Helsinki Commission, as part of the European Union’s “Roma Week.”  The event focused on opportunities to enhance Romani political participation as a means of strengthening the long-term strength and stability of the OSCE region.  As citizens of many OSCE participating States, Roma have long contributed to the prosperity of their countries in numerous ways, ranging from serving in the military to educating the next generation.  However, Roma are often described and perceived in negative terms, leading political leaders and others, to consider Roma a problem rather than a solution. Referring to the political rhetoric that instigated the tragic murders of Roma in 2008 and 2009, Romani-Hungarian researcher and Transatlantic Inclusion Leaders Network alumni Roland Ferkovics stressed, “Political narratives should not only motivate and influence people but should also unite…Political leaders must take Roma as equal partner(s) using narratives [that] focus on similarities instead of differences.” Diverse speakers from across the OSCE region also shared experiences and practices that have been successful in inspiring democratic change. “Standing for elected office and using one’s right to vote is a powerful tool for Roma communities in Europe to counter anti-Roma rhetoric, hate crimes and racism,” said Mee Moua, former President of Asian Americans Advancing Justice (AAJC), who also served as a Minnesota State Senator in the United States. Noting the importance of united communities, Killion Munyama, a member of the Polish Parliament and the Parliamentary Assembly of the Council of Europe, noted the importance of Roma having a seat at the decision-making table:  “Societies benefit from broad and diverse participation representing the voices of all communities in the public and political spheres.” Participants also stressed the urgency in ensuring the success of current Romani legislative initiatives and the importance of ensuring that legislative initiatives aimed at Roma, such as the EU Framework Strategy for Integration, are designed and implemented with the participation of Roma at all levels of government.  Other speakers at the event included MEP Terry Reintke, former MEP Livia Jaroka, and Jamen Gabriela Hrabanova of the European Roma Grassroots Organizations Network. Dr. Mischa Thompson of the Helsinki Commission participated as a facilitator.

  • Smith and Eshoo Reintroduce Emergency Bill to Help Genocide Survivors

    WASHINGTON—Following his December 2016 mission to Erbil in the Kurdistan region of Iraq to meet with Christian survivors of ISIS genocide, Rep. Chris Smith (NJ-04), along with his Democratic colleague Rep. Anna Eshoo (CA-18), today reintroduced their bipartisan legislation to provide emergency relief to survivors of genocide and ensure accountability for perpetrators. The Iraq and Syria Genocide Emergency Relief and Accountability Act (H.R. 390) is an enhanced version of the Smith-Eshoo bill (H.R. 5961) they introduced in 114th Congress. “The reintroduction of this bill is timely because just last month I saw in Iraq the lack of humanitarian aid for Christian genocide survivors. These genocide survivors told me the United States and global community had abandoned them. They are at-risk from freezing winter temperatures and require emergency help,” said Smith. “Tens of thousands of Christian genocide survivors in Iraq and Syria need our help now and it is essential that emergency humanitarian aid for the survivors be provided,” said Rep. Eshoo. “I thank Chairman Smith for his passionate leadership on this issue and I look forward to working with him and all my colleagues in Congress to quickly move this aid package and bring relief to those who continue to suffer.” The Syriac Orthodox Archbishop of Mosul, Nicodemus Sharaf, who had to seek refuge in Erbil from ISIS, told Smith, “We are the last people to speak the Aramaic language. Without help, we are finished.” The Chaldean Catholic Archdiocese of Erbil invited Smith to Erbil and has been supporting more than 70,000 Christians who escaped ISIS – almost 1/3 of the 250,000 Christians remaining in Iraq – with food, shelter, and medical care. It also serves Yezidis and Muslims displaced by ISIS. The Archdiocese has had to rely entirely on donations from organizations like the Knights of Columbus and Aid to the Church in Need. “Because the U.S. Government and United Nations have so far failed to support this life-saving work of the Archdiocese of Erbil, these Christian genocide survivors continue to hang on the edge between life and death,” added Smith.  Among its key provisions, H.R. 390 directs the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Support entities that are conducting criminal investigations into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Create a “Priority Two” (“P-2”) designation that Christians and other genocide survivors from religious and ethnic minority communities are of “special humanitarian concern to the United States” and therefore able to access an overseas application interview for the U.S. Refugee Admissions Program without needing a referral from the UN; Vet P-2 refugee applicants like any other Iraqi or Syrian refugee applicant and not admit them to the U.S. unless they have cleared this vetting; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence and other forms of persecution against genocide survivors from vulnerable religious and ethnic minority communities, or against other members of these communities, in Iraq or Syria; Identify gaps in U.S. law so that the American justice system can prosecute foreign perpetrators of genocide, crimes against humanity, or war crimes present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such crimes to their security databases and security screening. The other original 15 cosponsors are Rep. Mark Meadows (R), Rep. Juan Vargas (D), Rep. Pete Sessions (R), Rep. Dan Lipinski (D), Rep. Jeff Fortenberry (R), Rep. Louise Slaughter (D), Rep. Trent Franks (R), Rep. Robert Pittenger (R), Rep. Gus Bilirakis (R), Rep. Randy Hultgren (R), Rep. Randy Weber (R), Rep. David Trott (R), Rep. Sean Duffy (R), Rep. Jody Hice (R), and Rep. Barbara Comstock (R).   Background The Smith-Eshoo bill is supported by many groups, including the Knights of Columbus, Family Research Council, In Defense of Christians, 21st Century Wilberforce Initiative, Commission for International Justice and Accountability, HIAS, Aid the Church in Need USA, Open Doors, A Demand for Action, Yezidi Human Rights Organization International, Religious Freedom Institute, Christian Solidarity Worldwide, and Syrian Accountability Project, and Civitas Maxima. It is also supported by all the former US Ambassadors-at Large for War Crimes, David Scheffer (1997-2001), Pierre Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015), as well as the Founding Chief Prosecutor of the Special Court for Sierra Leone, David Crane; Director of the Center for Religious Freedom Nina Shea; and the author of Defying ISIS, Rev. Johnnie Moore. Since 2013, Rep. Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators. He authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Smith also authored with Eshoo the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which the President signed into law. Smith and Eshoo also introduced H.R. 5961, the forerunner to H.R. 390. Just before Christmas, Smith traveled to the Erbil area of Kurdistan region of Iraq to meet with Christian genocide survivors and visit a camp for 6,000 displaced Christians, managed and supported by the Archdiocese of Erbil. He also met with Christian leaders; non-governmental organizations; and officials from the U.S., countries like Hungary and Poland that are proactively supporting assistance to Christian genocide survivors, and the United Nations. Christians have lived in Iraq since the 1st century and there were as many as 1.4 million in 2002. Sectarian violence and targeting of Christians reduced their presence to 500,000 by 2013, the year before ISIS started its genocide against them. At the end of 2015, less than 250,000 Christians remained in Iraq.

  • Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCE

    WASHINGTON—At a hearing convened today by Helsinki Commission Chairman Rep. Chris Smith (NJ-04), witnesses unanimously expressed support for Chairman Smith’s recently introduced Iraq and Syria Genocide Relief and Accountability Act of 2016 (H.R. 5961), bipartisan legislation that provides relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, and accountability for perpetrators.   “The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Chairman Smith. “Displaced genocide survivors cannot pay for food, medicine, or shelter with words from Washington,” Chairman Smith continued.  “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor.” Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.” “The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.” “The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.” Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.” “The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.” “There is nothing unconstitutional, illegal, unethical or unprofessional about prioritizing their right to survival as a community,” Anderson added, referring to Christian and other communities that face extinction in Iraq and Syria. Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.” “It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. “It is clear, however, that Christians and other religious minorities have become a target for brutality at the hands of the non-state actor ISIS, and that they are fleeing for their lives, and that far too few of them have been attaining U.S. resettlement.” USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chair Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09). In 2013, ISIS began its brutal campaign of extermination and expulsion in Syria, expanding to Iraq in 2014. Many of those who survived these atrocities have been joining the flood of refugees streaming out of the region to Europe and other areas of safety. Resolving their plight is a key component to helping address the refugee crisis and has been of intense interest to countries in the OSCE region.

  • Atrocities in Iraq & Syria: Relief for Survivors and Accountability for Perpetrators

      The civil war in Syria, which began in early 2011 and since spread into Northern Iraq has devastated both countries. Estimates of the number of people who have died during Syria's civil war since March 2011 range from 250,000 to 470,000. In Iraq, the estimated range is between 19,000 and 41,650 deaths since January 2014. The people living in these regions have been subjected to an extensive list of atrocities  including genocide, crimes against humanity, and war crimes. Thosands of refugees have fled Iraq and Syria to seek refuge in the OSCE region. The desperate situation in these areas has resulted in the worst refugee crisis since World War II. With the war in Iraq and Syria showing little signs of abating the danger for vulnerable groups in these countries continues to worsen.  This hearing examined the current situation in Iraq and Syria regarding the persecution of religious and ethnic minorities, and looked at how the United States and the international community can best help protect persecuted people in this region and ensure that perpetrators of genocide and related crimes in Iraq and Syria are punished. It featured witnesses from CIJA, the former Ambassador-at-Large for War Crimes Issues, and leaders from the Catholic community. “The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Helsinki Commission Chairman Chris Smith (NJ), “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor."  Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.” “The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.” “The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.” Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.” “The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.” Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.” “It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09).                

  • Introducing the Iraq and Syria Genocide Relief and Accountability Act of 2016

    Mr. Speaker, I rise today to introduce H.R. 5961, the Iraq and Syria Genocide Relief and Accountability Act of 2016. Since ISIS’ blitzkrieg across the multiethnic and religiously diverse mosaic of eastern Syria and western Iraq in 2014, I have chaired four hearings focused on the implications of this appalling advance for religious and ethnic minorities in those areas. Events in the region and the expert testimony of witnesses quickly revealed that ISIS was not merely focused on territorial conquest—the group was ideologically committed to exterminating ancient religious communities and cleansing its self-proclaimed caliphate of anything but its vicious and fundamentalist interpretation of Islam. Many of my colleagues and I were certain early on that ISIS was committing genocide. We pressed the Administration to formally acknowledge that fact until the Secretary of State did so in March of this year. But the most pressing question issue has always been the lives of those religious minorities right now that face extinction under this tyranny of terror. The Iraq and Syria Genocide Relief and Accountability Act of 2016 is an answer to the question of what the United States can do to mitigate this suffering, save lives, and build a more sustainable future for Syria and Iraq. The bill tackles this overwhelming challenge on three fronts by directing the Administration to take additional measures to improve the lives of displaced genocide survivors, provide some of them with an additional lifeline to escape their war torn lands, and support efforts that will help preserve the presence of religious minority communities in those areas for years to come. In a hearing this May that I chaired called “The ISIS Genocide Declaration: What Next?” Carl Anderson, Supreme Knight of the Knights of Columbus—who has been a leader in drawing attention to the plight of Christians in this conflict—testified that “Repeatedly we hear from Church leaders in the region that Christians—and other genocide survivors—are last in line for assistance from governments.” We can and must do better. To that end, H.R. 5961 requires the Administration to assess and address the humanitarian vulnerabilities, needs, and triggers to flee, of religious and ethnic communities that were targeted for genocide or otherwise severely persecuted. It directs the Administrations to fund entities that are effectively providing assistance to these communities and guarantees that faith-based organizations on the ground are not excluded from U.S. assistance. One such example is the Chaldean Catholic Archdiocese of Erbil, which provides assistance to internally displaced families of Yezidis, Muslims, and Christians, including food and resettlement from tents to permanent housing, as well as rental assistance, for Yezidis, medical care and education to Yezidis and Muslims through its clinics, schools, and university – which are open to everyone. The Archdiocese provides some form of each of these kinds of assistance to all of the estimated 10,500 internally displaced Christian families in the greater Erbil region. Yet as it provides these critical services, it has not received a single penny from any government. H.R. 5961 is clear that the Administration must be supporting entities, regardless of whether they are faith-based, that are heroically providing assistance to genocide survivors on the ground. In recognition of the extraordinary suffering of these religious and ethnic communities, and their extraordinary vulnerability to persecution, H.R. 5961 requires the Administration to create a Priority Two, or “P-2,” visa category of special humanitarian concern that would provide one additional avenue for genocide survivors to seek resettlement in the United States through the U.S. Refugee Admissions Program. It is important to note that this is not a “fast track” to resettlement—P-2 applicants undergo the same security screening as all refugee applicants. But this special category allows them to access an overseas interview wherever the United States interviews refugee applicants, without needing a referral from the UN, an NGO, or a US Embassy, as is usually the case. This bill also addresses a critical factor that will influence the continued presence of smaller, vulnerable religious communities in Syria and Iraq beyond this conflict: accountability for those who perpetrate heinous crimes against them. H.R. 5961 directs the Administration to prioritize supporting the criminal investigation, prosecution, and conviction of perpetrators of genocide, crimes against humanity, and war crimes. These efforts will be focused on funding and supporting entities that are conducting criminal investigations, building Syrian and Iraqi investigative and judicial capacity, or collecting and preserving evidence for eventual use in domestic courts, hybrid courts, or internationalized domestic courts. Whether they are members of the Asad regime, ISIS, or some of the Popular Mobilization Brigades in Iraq, there can be no impunity for individuals who committed these dreadful crimes. H.R. 5961 also directs the Administration to identify gaps in our criminal statutes to facilitate the prosecution of American perpetrators, and non-Americans present in the United States, of crimes against humanity and war crimes. Without accountability, without humanitarian assistance reaching these religious and ethnic communities, we risk losing the invaluable, ancient presence of these communities in these countries altogether. This will feed violent extremism and dim the future of Iraq and Syria.  I urge my House colleagues to support this measure that will deliver immediate assistance to genocide survivors, help prosecute and punish perpetrators, and invest in a sustainable future for these persecuted religious and ethnic communities in the lands in which they have lived for so many generations.

  • Chairman Smith Supports Genocide Victims in Syria and Iraq

    WASHINGTON—Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Rep. Anna Eshoo (CA-18), Rep. Trent Franks (AZ-08), and Rep. Jeff Fortenberry (NE-01) today introduced bipartisan legislation to provide relief for survivors of the ISIS-perpetrated genocide against vulnerable religious and ethnic groups in Syria and Iraq, and to ensure that perpetrators of genocide, crimes against humanity, and war crimes in those countries are punished. The Iraq and Syria Genocide Relief and Accountability Act of 2016, H.R. 5961, directs the U.S. Administration to treat these heinous acts as the crimes that they are, and to prioritize supporting the criminal investigation, prosecution, and conviction of perpetrators. “Mass murder and rape are not only human rights violations – they are also criminal acts that require careful investigation, documentation, and prosecution to bring the perpetrators to justice,” said Chairman Smith. “We need to support entities doing this work in the field, and close gaps in U.S. law so that our justice system can prosecute foreign perpetrators present in the U.S., as well as any Americans who commit such crimes.” The legislation also requires the U.S. State Department to create a “Priority Two” (“P-2”) designation for Iraqi and Syrian survivors of genocide, and other persecuted religious and ethnic groups in Iraq or Syria. Refugees who meet the P-2 criteria are able to apply overseas for resettlement in the United States without requiring a referral from the United Nations, an NGO, or a U.S. Embassy. “Although a P-2 designation does not guarantee admission to the United States – applicants must still clear the same security screening as other refugees – it provides victims of genocide with a much-needed additional path to access the U.S. Refugee Admissions Program,” said Chairman Smith. Finally, the bill directs the U.S. Administration to identify warning signs of deadly violence against genocide survivors and other vulnerable religious and ethnic communities in Iraq or Syria; assess and address the humanitarian vulnerabilities, needs, and triggers that might force them to flee their homes; and ensure that the U.S. supports entities effectively serving genocide survivors, including faith-based entities. Chairman Smith noted that the Chaldean Catholic Archdiocese of Erbil, which provides vital assistance to internally displaced families of Yezidis, Muslims, and Christians, including to all of the approximately 10,500 Christian IDP families in the Erbil region, has received no funding from the U.S. Government or any other government. “So far, the Administration has failed to keep its promise to enable these genocide survivors to remain in Iraq and Syria. It is overlooking groups, like the Chaldean Catholic Archdiocese of Erbil, that are serving tens of thousands of survivors every day. If the needs of these communities are ignored, thousands of victims may have to leave their ancient homelands forever and never return,” Chairman Smith said.

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