The Yugoslav Republics: Prospects for Peace and Human Rights

WASHINGTON—The long-awaited verdict handed down today to former Bosnian Serb political leader Radovan Karadzic at the International Criminal Tribunal for the former Yugoslavia (ICTY), prompted U.S. Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe and chairman of the House Global Human Rights Subcommittee, to issue the following statement: “Once again, ICTY has proved its worth. It has provided justice regarding horrific atrocities which occurred in Bosnia and Herzegovina from 1992 to 1995. Radovan Karadzic was a driving force in the encouragement, planning and execution of horrific crimes—from the artillery shelling and sniper attacks on Sarajevo, to the ethnic cleansing campaign that included the mass displacement, detention, abuse and execution of innocent civilians, to the taking of UN personnel as hostages, and ultimately to the Srebrenica genocide. “The guilty verdict and sentencing cannot replace action that could have been taken to prevent these crimes in the first place. But Karadzic’s 40-year sentence demonstrates a welcomed determination by the court to provide justice and some measure of closure for surviving victims and to hold to account one of the most egregious perpetrators of crimes against humanity and genocide. ICTY’s lessons and progress are not limited to Karadzic’s conviction, but instead stand as a model and prototype for a much needed tribunal for the prosecution of war crimes in Syria.” Earlier this month, the House of Representatives passed Smith’s legislation (H. Con. Res. 121) urging the U.N. Security Council to immediately establish a Syrian war crimes tribunal (March 14th; by a vote of 392-3). Smith’s bill notes that “ad hoc or regional tribunals, including the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone, have successfully investigated and prosecuted war crimes, crimes against humanity, and genocide, and there are many positive lessons to be learned from such tribunals.” During debate in the House Smith said, “An ad hoc or regional court has significant advantages over the International Criminal Court (ICC) as a venue for justice. The ICC has operated since 2002 but boasts only two convictions. By way of contrast, the Yugoslavia court convicted 80 people; Rwanda, 61; and Sierra Leone, 9.  Moreover, a singularly focused Syrian tribunal that provides Syrians with a degree of ownership could significantly enhance its effectiveness.” Since 1995, Rep. Smith has chaired numerous hearings on the genocides and war crimes committed in Bosnia, Rwanda, and Sierra Leone. He has particularly worked to see that the perpetrators of the horrific crimes committed in Bosnia from 1992-1995 are punished and that closure is provided to survivors and victims’ families. In 2005, he authored H. Res. 199, which clearly and unambiguously condemned the Srebrenica massacre as a genocide and was passed with overwhelming support in the U.S. House of Representatives. In July 2007, Rep. Smith visited Srebrenica to witness the tragic aftermath of the genocide for himself. In 2015, ahead of the 20th anniversary of the Srebrenica genocide, he authored H. Res. 310, which condemned statements denying that the massacre was a genocide. Karadzic was found guilty of war crimes and crimes against humanity, as well as one count of genocide, relating to Srebrenica, where more than 7,000 Bosnian Muslim men and boys were massacred by Bosnian Serb forces. Karadzic was acquitted of a second charge of genocide, relating to other Bosnian municipalities.

WASHINGTON—Voices of the Bosnian Genocide honored Helsinki Commission Chair Rep. Chris Smith (NJ-04) on Thursday with an award recognizing his efforts to ensure that the genocide at Srebrenica is acknowledged. “It is moving to receive this award from young people, many of whom are survivors of the genocide or lost relatives at Srebrenica and are now working to promote human rights,” said Rep. Smith. “Today the international community is nearly unanimous when it proclaims that the Srebrenica massacre was a genocide, although shockingly, there are those who continue to deny that the policies of aggression and ethnic cleansing implemented by Serb forces meet that criteria.” For more than 20 years, Rep. Smith has worked tirelessly to see that the perpetrators of the horrific acts at Srebrenica and elsewhere in Bosnia-Herzegovina are punished and that closure is provided to survivors and victims’ families. In July 2015, Rep. Smith authored H. Res. 310 defining the Srebrenica massacre as a genocide, which was passed unanimously by the U.S. House of Representatives.   Voices of the Bosnian Genocide is a Seattle-based nonprofit organization devoted to raising awareness and educating the public about the genocide that took place in Bosnia-Herzegovina in the 1990s and the ongoing effects that the genocide is having on Bosnia and the world. The group is made up of individuals who are passionate about genocide education and prevention and human rights.

WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers scrutinized actions being taken to deal with Europe’s largest refugee crisis since World War II by the United States, European governments, regional bodies like the OSCE and the EU, and civil society. The Commission also reviewed recommendations on developing a long-term solution to the crisis. “The European crisis requires a response that is European, national, and international. There must be effective coordination and communication directly between countries as well as through and with entities like the OSCE and European Union,” said Rep. Smith, who called today’s hearing. “There is real human need and desperation. Refugees are entrusting themselves to smugglers and where there is human smuggling there is a higher risk of human trafficking,” he continued. “There is also the real threat that terrorist groups like ISIS will infiltrate these massive movements of people to kill civilians in Europe and beyond. I am deeply concerned that the screening at many European borders is inadequate and putting lives at risk. All of us must be responsive to the humanitarian needs without compromising one iota on security.” Smith said that “given the disproportionate number of men fleeing to Europe and potentially soon to the United States – currently only 14 percent of the refugees and migrants arriving via the Mediterranean Sea are women, 20 percent are children, and the remaining 65 percent are men – robust vetting is essential. We must ensure that lone wolf terrorists don’t turn into wolf packs.” Smith noted that during the conflict in Kosovo, he travelled to Stenkovec refugee camp in Macedonia and was at the McGuire Air Force Base in New Jersey to welcome some of the 4,400 people brought from there to the United States. A refugee – Agron Abdullahu – was apprehended and sent to jail in 2008 for supplying guns and ammunition to the “Fort Dix 5,” a group of terrorists who were also sent to prison for plotting to kill American soldiers at the Fort Dix military installation. Given Secretary Kerry’s announcement in September that the United States intended to resettle at least 85,000 refugees in fiscal year 2016, including at least 10,000 Syrians, and at least 100,000 refugees in fiscal year 2017, “The United State and Europe must be on high alert to weed out terrorists from real refugees,” Smith said. He added, “ISIS has committed genocide, mass atrocities, and war crimes, against Christians and other minorities. Religious and ethnic minorities often have additional risks and vulnerabilities even as refugees and should be prioritized for resettlement.”   Witnesses testifying at the hearing focused on the root causes of the refugee crisis as well as the current measures being put into place to help mitigate the humanitarian impact and ensure that security and economic challenges are addressed. In addition, witnesses emphasized the importance of a shared and coordinated response by all actors involved to ensure a long-term solution to the crisis. “It’s a very challenging situation,” said Anne Richard, Assistant Secretary of State for Population, Refugees, and Migration. “The scale of this migration is much bigger than before.” “The US government has a three-pronged approach: strong levels of humanitarian assistance; active diplomacy; and expanded refugee resettlement,” she continued. “Without our support, more people would be making the dangerous journey to the north.” “Europe is facing its biggest refugee influx in decades. UNHCR is calling upon the European Union to provide an immediate and life-saving response to the thousands of refugees as they are crossing the Mediterranean and making their way through Europe,” said Shelly Pitterman, Regional Representative to the United States and Caribbean, Office of the United Nations High Commissioner for Refugees. “Europe can no longer afford to continue with this fragmented approach that undermines efforts to rebuild responsibility, solidarity and trust among states, and is creating chaos and desperation among thousands of refugee women, men and children. After the many gestures by governments and citizens across Europe to welcome refugees, the focus now needs to be on a robust, joint European response.” “The ongoing refugee crisis is not a European crisis. It is a global crisis, fueled by conflicts, inequality and poverty, the consequences of which unfolded in Europe but the roots of which are far away from our continent,” noted EU Ambassador to the United States David O’Sullivan. “The EU and its Member States are firmly committed to the promotion and protection of the human rights of migrants. Despite the influx, we do not remove or return genuine refugees, we respect the fundamental rights of all persons arriving in the EU, and we invest major resources in saving lives at sea.” Djerdj Matkovic, Ambassador of the Republic of Serbia to the United States, said, “The OSCE region is witnessing the largest refugee influx in decades. Apart from being a significant economic challenge, this is a process with potentially very serious security implications and the cause of concern in regards to the respect for human rights… As the presiding country [of the OSCE] Serbia recognizes the importance of this issue and is trying to provide more active and concrete approach of the OSCE in addressing it. In light of this bleak security situation and looming instability, it is paramount that all the mechanisms that were designed and adopted by the participating States to oversee the implementation of commitments are strong and functioning.” Sean Callahan, chief operating officer of Catholic Relief Services, observed, “As global leaders in international humanitarian and refugee response, the US and Europe must find new and creative ways to help to alleviate this suffering and protect the vulnerable.  Pope Francis has led in this effort to do more by asking every Catholic parish in Europe to reach out and assist the refugees; he reminds us of our moral obligation to help the stranger... Despite efforts by [international NGOs] like CRS, local civil societies, governments, and non-traditional donors, the despair of so many refugees indicates that assistance must move beyond short-term band-aids to longer-term solutions.” Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Senator John Boozman (AR), Senator Jeanne Shaheen (NH), Representative Michael Burgess (TX-26), Representative Randy Hultgren (IL-14), and Representative Joe Pitts (PA-16).