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Helsinki Commissioners Press Belgrade to Apprehend Indicted War Criminals, Cooperate with Hague Tribunal
Monday, July 07, 2003

By Bob Hand
CSCE Staff Advisor

On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld.

Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient.

In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success.

Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.”

Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing.

In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD).

The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination.

Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed.

Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime.

Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse.

Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia.

James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact.

Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic.

Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague.

A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.”

The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms.

Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community.

In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.”

The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.


United States Helsinki Commission Intern Kristin Poore contributed to this article.

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An attempt at deterrence could instead be viewed as further provocation. While deterrence preaches strength and resolution, the spiral model generally counsels conciliation. However, Jervis theorized that while the deterrence and spiral models are often presented as opposing, generalizable theories, their usefulness varies with the circumstances. He surmised that deterrence is applicable between two powers with genuinely incompatible positions, and the spiral model best applies to disputes between status quo powers where their perceived incompatibility is mostly illusory. One exercise Jervis suggests is to interrogate evidence that the second power is not engaged in revisionist aggression. In this case, a charitable reading of Russian actions suggests that Russia’s grievances are oriented to the security situation on its borders—the “belt of Russia’s vital interests.” In this interpretation, Russia’s historical influence along its borders need not be a cause for alarm on its own, much less for war. Indeed, if arms limitations and codes of conduct represent an acceptable compromise to defuse the present crisis without sacrificing the freedom or sovereignty of the states on Russia’s border, this is worth pursuing. However, which vital interests necessitate Russian dominion over its periphery? Although Russia’s perceptions of insecurity may be real, it is demonstrably not materially insecure, with a large, full-spectrum, and sophisticated military that is arguably the most powerful in Europe. Russia’s neighbors are far weaker, Western states largely disarmed after the Soviet Union’s dissolution, and remnant Allied forces remained in Western Europe in compliance with the NATO-Russia Founding Act, even as Russia has significantly militarized. And Russia’s economic fortunes are far better served by peace and integration with the West, not conflict. However, the stability and integrity of European security architecture as enshrined in the Helsinki Final Act remain fundamental to U.S. national security. Any countenance of the Kremlin’s broader abrogation of that framework and the restoration of a new Yalta Conference would reverse decades of peace and prosperity—and likely drive continental militarization that would only compound Russian security anxieties and conflict. It appears the West and the Russian regime’s positions are indeed incompatible. In response, the United States and its allies must be wary of the 10-ship trap. Although caution is often a virtue in national security and foreign policymaking, a moderate response to the enormity and notoriety of Russia’s belligerence would likely neither protect Ukraine nor satisfy Russian imperial appetites. Broad economic sanctions on their own are likely to be sufficient to forestall an invasion; and token, light deployments behind NATO’s high walls while Ukraine burns will inflame Kremlin paranoia without arresting or appreciably punishing Russian militarism. Negotiations and diplomacy should be given the time to work, and any kind of durable solution is unlikely to completely satisfy either party. However, the United States and its allies should undergird these talks with serious and significant measures to prevent another, greater war in Ukraine before it begins. As in Corcyra, half measures are unlikely to ameliorate the crisis and may only exacerbate them. What, then, do full measures look like? The critical factors here are speed and plausibility: steps that not only can be taken quickly but that Russia will believe Washington will carry through. Although economic sanctions have been broadly regarded as useful tools in this regard, most measures being envisioned are likely already baked into Russian calculations or may not have an immediate effect. In addition, the United States—and Europe, if it is willing—should significantly curtail Russian energy imports and aim to wean Russian hydrocarbons from European markets entirely—perhaps even going so far as to employ Defense Production Act authorities to stockpile and potentially surge liquefied natural gas and other fuel alternatives to Central and Eastern Europe. Boosting other energy sources on a strategic scale could also accompany this approach. Moscow must be convinced that military aggression will only dramatically increase and complicate what it believes are its existing security vulnerabilities. Toward that end, the United States and Europe could begin studying withdrawal from the NATO-Russia Founding Act, and planning can begin in earnest for repositioning heavy forces in Europe in the event of a wider Russian war. NATO can signal that new European applications for NATO membership would be welcomed and expediently ratified (perhaps even pre-ratified in some form), particularly from Sweden and Finland, should Russia go through with its militaristic gambit. Washington could also consider scenarios to provide aspirants—Ukraine, Georgia, and potentially the Nordics—with bilateral treaty guarantees prior to NATO accession. In Corcyra, the compromise of 10 Athenian ships only served to anger Corinth and Sparta as well as fed beliefs that war was not only necessary but an urgent enterprise. Against the colossal coercive symbolism and military reality posed by the Russian buildup—and the even greater weight of the Kremlin’s demands—the United States and Europe should prepare responses to match the moment. Michael Hikari Cecire is a senior policy advisor at the U.S. Helsinki Commission. 

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    WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.

  • Helsinki Commission Welcomes First Charges Under the Rodchenkov Anti-Doping Act

    WASHINGTON—Following the first charges filed under the Helsinki Commission’s Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics, Helsinki Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and former Commissioner Rep. Michael Burgess (TX-26) issued the following statements: “Swift utilization of the Rodchenkov Anti-Doping Act is exactly what we hoped for with this legislation,” said Chairman Cardin. “I thank the U.S. attorneys and investigators who put in long hours of work pursuing this case. They understood the importance of cleaning up cheating and corruption in international sports, which often is a tool of autocratic governments. These first charges are only the beginning and serve as a very public part of the global anti-corruption strategy supported by the Biden administration and spearheaded by the Helsinki Commission for many years.” “I welcome this first enforcement action under the Rodchenkov Act and urge the Department of Justice to continue unraveling the corruption that infects international sport,” said Co-Chairman Cohen. “Sports should bring people together and celebrate achievement—they should not be an opportunity for fraud. My own GOLD Act would expand the Rodchenkov Act and I call on my colleagues to pass it swiftly.” “These charges are the culmination of years of work to hold administrators, doctors, and officials accountable for their role in corrupting international sport,” said Sen. Wicker. “They demonstrate that our new approach is working. I thank the public servants at the U.S. Department of Justice and urge them to continue their efforts to enforce this critically important law.” “Dictators and their cronies interfere in everything we hold dear, including sports. They view victory in international sport as a way to trumpet the greatness of their oppressive systems. Cheating in sports is part of their foreign policy,” said Rep. Wilson. “With the Rodchenkov Act, we are holding these corrupt networks to account. I applaud the Department of Justice for prosecuting fraudsters at the Tokyo Olympics and call on them to do the same in Beijing.” “From a young age, professional athletes dedicate themselves to becoming the best in their sport. For those skilled enough to make it to the Olympics, their efforts should not be tainted by doping schemes,” said Rep. Burgess. “Yesterday’s charges provide hope to those that have been defrauded. They would not have been made possible without the Rodchenkov Anti-Doping Act. I worked to enact this law to maintain sport integrity and keep all American athletes safe and protected from fraud. Further, yesterday’s action is a win for athletes such as Katie Uhlaender, whose moving testimony spurred Congress into action. I hope that yesterday’s charges are only the beginning of combatting fraud in international sport competition.”   “This is exactly the kind of action we hoped for following the enactment of this groundbreaking anti-doping legislation,” said Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory and the Russian whistle-blower after whom the law is named. “We are grateful to United States Attorney Damian Williams for taking this monumental first step toward restoring the Olympic games to their role as a cherished forum for nations to convene in the spirit of peace, fairness and cooperation. We cannot continue to allow corrupt states and the overlords of sport commerce to exploit our athletes and traditions of peace to advance the economic and geopolitical interests of the few. Yesterday's action is entirely appropriate and puts real teeth into anti-doping enforcement, while also setting an example of international cooperation and fair play for future generations.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In July 2021, the Helsinki Commission hosted a hearing on the enforcement of the Rodchenkov Act at the Tokyo Olympics. Earlier that year, Dr. Rodchenkov spoke out publicly for the first time about the impact of the Rodchenkov Anti-Doping Act on a Helsinki Commission podcast, calling it a “game-changer.” On Wednesday, the New York Field Office of the Federal Bureau of Investigation (FBI) announced the charges against Eric Lira, who they allege “obtained various performance enhancing drugs (‘PEDs’) and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021.”   

  • Helsinki Commission Calls for Peaceful Solution in Kazakhstan

    WASHINGTON—In response to the violent clashes between protesters and authorities in Kazakhstan, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are deeply concerned about the situation in Kazakhstan and condemn the violence that has accompanied widespread protests across the country. The reported deaths of both protesters and police are extremely disturbing. “We call on President Tokayev and Russian troops not to use disproportionate force against protesters. At the same time, we call on protesters to cease any violent attacks against police, public buildings, or private property. “We urge both sides to find a peaceful way to resolve this crisis. We also urge President Tokayev to ensure respect for human rights, especially freedom of the media and the right to due process for those who have been arrested in connection with the protests.” A wave of protests began on January 2 in the western part of the oil- and gas-rich country in response to a sharp increase in the price of liquefied petroleum gas (LPG). The unrest spread quickly to other parts of Kazakhstan and grew increasingly violent. Authorities deployed tear gas and stun grenades against protesters and blocked internet access in an effort to quell the unrest, while demonstrators attacked government offices. There are reports of deaths among both law enforcement and protesters, as well as of widespread looting. Kazakhstani President Kassym-Jomart Tokayev declared a nationwide state of emergency on January 5, accepted the resignation of his cabinet, and reduced LPG prices, but protests continued. The Collective Security Treaty Organization (CSTO), a security alliance among select former Soviet states including Russia, is sending Russian troops at the request of President Tokayev. The impact of the COVID-19 pandemic has exacerbated already strained economic and social disparities, and demonstrators are demanding increased political liberalization and accountability for government corruption. OSCE observers concluded that the 2021 parliamentary elections “lacked genuine competition” and underscored the need for political reform.

  • Defending Ukraine, Deterring Putin

    The Kremlin has dramatically increased its military activities and capabilities in and around Ukraine, leading to predictions that the regime may be preparing for an aggressive military operation in the coming months. Russian military movements have sufficiently concerned U.S. and allied observers that CIA Director William Burns was personally dispatched to Moscow to telegraph U.S. concerns. Secretary of State Antony Blinken also has added to a chorus of alarm, and Ukrainian Foreign Minister Dmytro Kuleba has described Russia’s movements as preparations for an invasion. On December 7, President Biden held a two-hour phone call with Russian President Vladimir Putin over the apparent buildup. The Helsinki Commission, including Co-Chairman Rep. Steve Cohen (TN-09) and Commissioner Rep. Marc Veasey (TX-33),  convened a virtual briefing to evaluate the Russian regime’s actions and capabilities near Ukraine and assess potential options for U.S. and Western countermeasures to deter aggression and preserve Ukrainian sovereignty.  Panelists included Dr. Andrew Bowen of the Congressional Research Service, Robert Lee of Kings College London, Dr. Mary Vorotnyuk of the Royal United Services Institute, and Katsiaryna Shmatsina of the European Values Center for Security Policy in Prague. The discussion was moderated by Helsinki Commission Senior Policy Advisor Michael Hikari Cecire. Cecire began the discussion by describing the apparent urgency of the situation on Ukraine’s border, noting that more than 100,000 Russian troops and heavy offensive equipment had amassed in a potential war footing, in addition to thousands more troops already in states of high readiness and propositioned in and around Ukrainian territory. Dr. Andrew Bowen described the strategic environment in which the buildup is occurring, and noted that Russian political leadership has asserted that it regarded the presence of NATO and Western military and political influence on its border as a red line. Although Ukraine has no immediate likelihood of joining NATO, the Russian regime may regard Ukraine’s growing independent capabilities and partnerships with the West as indicative of a graduate deterioration of its own relative security position. As such, its military buildup may be intended to either compel a diplomatic accommodation with the West to forestall Ukraine’s continued Western path, or, if necessary, launch military operations to do so through the use of force. Dr. Bowen noted that Congress has played a significant role in supporting activities to bolster Ukraine’s defenses, including through the provision of lethal aid, and has also supported efforts to reinforce NATO’s Eastern flank in response to Russia’s aggressive actions. Robert Lee focused on Russian military capabilities currently arrayed at Ukraine’s border. He noted that tens of thousands of troops had been mobilized from Russia’s other geographic combatant commands and deployed to Ukraine’s border, including significant heavy offensive weaponry and specialized assets. According to some assessments, total Russian deployments may represent as much as two-thirds of its total combat power to in and around the Ukraine theater, suggesting a nationwide military mobilization and all the preparations for a major invasion. While the preponderance of Russian offensive assets suggests that it may have the capabilities in place for any number of offensive scenarios, including a move on Kyiv, it is not necessarily a foregone conclusion that the Kremlin has any intent to seize and hold territory. The Kremlin’s intent may be just to destroy or significantly degrade Ukraine’s military and undermine its broader strategic situation to achieve its aims. However, Russia also has activated some 100,000 additional reserve forces, which may be employed for a number of scenarios. Responding to a question from Co-Chairman Cohen, Lee observed that it was hard to determine the likelihood of a renewed Russian invasion, but that the risk is certainly greater than it has been at any point since the conflict began in 2014, and that the capabilities are all in theater for war. Co-Chairman Cohen also asked if the buildup today was proportionally similar to past buildups in 2014-2015, which was the last time Russian forces semi-overtly invaded Ukraine in large numbers. Lee replied that the current buildup is much more significant, though it is also true that the Ukrainian military is more capable today than it was in the past. Co-Chairman Cohen then inquired about past Russian casualties, which Lee described as being in the “hundreds” at least, though exact figures were not made publicly available. Co-Chairman Cohen then reiterated the gravity of the situation, and the seriousness with which he and the U.S. government was taking the issue. Cecire then introduced Dr. Maryna Vorotnyuk, who also made the point that the Russian regime’s full intentions were obscure, and not entirely knowable. However, she noted that the array of capabilities that the Kremlin has assembled on Ukraine’s border is suggestive, as are the demands the Kremlin has made in combination with the military buildup. On the latter point, she noted that there was an internal logic to Moscow linking its threatening posture over Ukraine with its demands with the West, because Russia’s war on Ukraine could be regarded as a kind of proxy war against the West as a whole. In a more comprehensive way, Russian demands seek a revised security architecture that would effectively undermine the sovereignty of Ukraine as well as other non-NATO states like Georgia, giving Russia free rein over its periphery. While this may be a nonstarter for the West, Dr. Vorotnyuk noted that Russia likely would settle for an accommodation from the West that would reduce Western involvement in the region and leave Ukraine and other countries weak and vulnerable to Russian pressure. While some may find such a route appealing, she noted, such a response would not likely lead to a more constructive Russia, and could even invite more aggression as Moscow’s intent was never solely about or limited to Ukraine. As such, it is important for the West to remain resolute in defending and advocating for Ukraine’s sovereignty. Katsiaryna Shmatsina spoke about Belarus’ role in the broader calculus. She recalled how, after Belarusian protests were being crushed by the regime, EU diplomatic leaders asked how Belarus might be used as an appendage of Russian strategic power. She noted that this appears to be the case in the ongoing episode with Ukraine, with the hybrid migrant crisis at the Belarusian border, the mooted possibility that Russian forces might use Belarusian territory to attack Ukraine, and the solidarity Russia has showed with the regime in Minsk through the flights of nuclear-capable bombers—suggesting that Belarus is not merely a side act, but a key element of Russian strategy in the region. For his part, Belarusian President Lukashenko has been severely weakened by the protests and his subsequent reliance on Russian support, leaving him nowhere else to turn and cementing Belarus’s place in the Kremlin’s alliance system and regional strategy. Shmastsina counseled that the situation in Belarus should merit greater international attention, particularly from the West, because it is inseparable from the ongoing military buildup in and around Ukraine and another aspect of Russia’s broader campaign against the West. Rep. Veasey noted that in a past visit to Ukraine, the assessment was that Russia was not necessarily interested in taking and holding territory and asked whether this view was still accurate. Dr. Vorotnyuk replied that this was very likely the case, but ultimately that the likely Russian aim was to permanently weaken Ukraine and be able to “veto” its alignments with the West. Particular territorial objectives could also be under consideration, such as a land corridor from the Donbas to Crimea—both of which Russia already holds—or a particular city, such as Odesa, and its port access to the Black Sea. Rep. Veasey then asked why Ukraine, but not Georgia, was being targeted in this way. Lee responded that Georgia no longer threatens to retake the Russia-held separatist regions of Abkhazia and South Ossetia by force, and that Ukraine is a much larger country with a more capable military and economic capacity, which holds a unique place in Russia’s historical narrative. Rep. Veasey then raised the issue of corruption, which continues to be seen as a major issue in Ukraine as compared to, for example, Georgia, and asked whether this is a serious problem. Dr. Vorotnyuk noted that it was a major issue, but that it is not a justification for Russian aggression, and that Western assistance with Ukraine is very much helping to address issues like corruption and democratic governance. Related Information Panelist Biographies

  • Helsinki Commission Welcomes Passage of Trap Provision in 2022 National Defense Authorization Act

    WASHINGTON—Helsinki Commission Chairman Sen. Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today welcomed the passage of the Transnational Repression Accountability and Prevention (TRAP) provision as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2022. “By co-opting and undermining the rule of law to harass and intimidate dissidents and political opponents, corrupt regimes threaten our national security,” said Chairman Cardin. “Our provision will make it U.S. policy to fight exploitation of INTERPOL, including by naming and shaming member states that abuse its mechanisms. This amendment will protect the United States, our allies, and all those fighting or fleeing authoritarian regimes from extraterritorial and extrajudicial abuse.” “We’ve seen time and again how corrupt dictators take advantage of INTERPOL to intimidate and harass those who expose their immoral deeds, even after they have fled their homes and their country in search of safety,” said Co-Chairman Cohen. “The TRAP provision will protect these dissidents and ensure that our own institutions are not used against us—or them.” “There is no reason for any democracy, especially the United States, to be forced to play a part in authoritarian regimes’ blatant abuse of INTERPOL Red Notices,” said Sen. Wicker. “I am pleased Congress has taken action to name publicly the abusers, such as Russia and China, and prevent American law enforcement from having to do the dirty work of these repressive autocrats.” “INTERPOL should enable us to crack down on criminals worldwide,” said Rep. Wilson. “Instead, the criminals have taken over the institution, using it to target those who oppose them. The TRAP provision will protect the United States from this abuse and ensure that we do everything we can to restore the rule of law to INTERPOL.” “Increasing transparency and accountability at INTERPOL underscores the bipartisan commitment of the United States Senate to push back against countries, large or small, seeking to distort legitimate law enforcement cooperation to instead pursue political opponents or personal vendettas,” said Sen. Bob Menendez (NJ), Chairman of the Senate Foreign Relations Committee. “This new provision will strengthen protections for human rights defenders, political dissidents, and journalists, and pave the way for the international community to join the United States in pressing for reforms and standing against the abuse of INTERPOL Red Notices by China and Russia, among others.” The Transnational Repression Accountability and Prevention (TRAP) Act was introduced in 2021 in the Senate by Sen. Wicker and Chairman Cardin and in the U.S. House of Representatives by Co-Chairman Cohen and Rep. Wilson. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States name the worst abusers of INTERPOL and examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse.

  • Russian Military Buildup to be Scrutinized at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DEFENDING UKRAINE, DETERRING PUTIN Thursday, December 16, 2021 10:00 a.m. Register: https://bit.ly/3DHAGWu The Kremlin has dramatically increased its military activities and capabilities in and around Ukraine, leading to predictions that the regime may be preparing for an aggressive military operation in the coming months. Russian military movements have sufficiently concerned U.S. and allied observers that CIA Director William Burns was personally dispatched to Moscow to telegraph U.S. concerns. Secretary of State Antony Blinken also has added to a chorus of alarm, and Ukrainian Foreign Minister Dmytro Kuleba has described Russia’s movements as preparations for an invasion. On December 7, President Biden held a two-hour phone call with Russian President Vladimir Putin over the apparent buildup. The Helsinki Commission will convene a briefing to evaluate the Russian regime’s actions and capabilities near Ukraine and assess potential options for U.S. and Western countermeasures to deter aggression and preserve Ukrainian sovereignty. The briefing will include U.S. and international experts on Russian military capabilities and Eurasian security. The following panelists are scheduled to participate: Dr. Andrew Bowen, Analyst in Russian and European Affairs, Congressional Research Service Dr. Maryna Vorotnyuk, Expert on Black Sea security; Associate Fellow, Royal United Services Institute Katsiaryna Shmatsina, Belarusian analyst on Eurasian politics and security; Visiting Fellow, European Values Center for Security Policy in Prague Robert Lee, Expert on Russian military capabilities; PhD candidate, Kings College London

  • The Centrality of the Battle Against Corruption in the Democracy Summit

    Mr. CARDIN. Mr. President, I rise today--on International Anti-Corruption Day, as declared by the United Nations--to speak about the Democracy Summit that President Biden is convening today and tomorrow, to which government leaders from 110 countries have been invited. It will also include a range of leading civil society actors, business and labor leaders, civic educators and investigative journalists, philanthropists, and nonprofit leaders as speakers and participants. Undeterred by the Coronavirus pandemic, the Biden administration has organized a global virtual gathering with participants tuning in from six continents. It is an ambitious, even audacious, undertaking. And it comes at a critical time, as the world is now 15 years into a global democratic recession, according to the well-respected watchdog organization Freedom House. In its widely cited annual survey of freedom, it has reported that, in each of the past 15 years, more countries have seen their democracy scores decline than the number of countries whose scores have improved. And last year, during the height of the global pandemic, nearly 75 percent of the world's population lived in a country that saw its democracy score deteriorate last year. For a President who has pledged to put democratic values at the heart of American foreign policy, it is fitting and proper that he should convene the democratic leaders of the world and other relevant parties to plan the revitalization of global democracy. Of course, readers of the annual Freedom House assessment will know that there are not 110 well-functioning, effective democracies in the world and that way too many poorly performing nominal democracies have been invited to this gathering, thus diluting its character. While some conspicuously back-sliding countries, like Hungary and Turkey, have not been invited, there are numerous back-sliding pseudo-democracies, including the current governments of the Philippines and Pakistan, the Democratic Republic of the Congo and Zambia, Bolsinaro's Brazil among others, that unfortunately have been included. Then there is India, which dropped from Free to Partly Free status in Freedom in the World 2021, which contributes significantly to the fact that 75 percent of the world's people last year resided in countries moving away from democracy. Yet the government of Prime Minister Narendra Modi, after its sustained crack down on critics during the past 2 years and the atrocious scapegoating of Muslims, who were disproportionately blamed for the spread of the virus and faced attacks by vigilante mobs, has been invited to the Democracy Summit. Members of the Senate will also know that there has been precious little information sharing with this body about the contours of the summit. There has been no discussion with us about the invitation list or the way forward from this week's summit, which I see as a missed opportunity for the Biden administration. On the other hand, I was proud to be able to participate in a side event convened last Friday morning by the House Democracy Partnership for a discussion with legislators from other countries about the important role that parliaments can and do play in leading their governments to address the enduring and universal problem of corruption. I want to congratulate Representative David Price of North Carolina for his leadership of that important initiative and for convening a productive international exchange of views last week in the run up to the President's gathering. One of the main take-aways from that webinar was that it is always incumbent on the legislatures of the world to press forward with laws that instruct and enable executive branch officials to elevate their work to combat corruption. This is the main topic of my intervention today, to discuss one of the hopeful aspects of the President's Democracy Summit, which is the central role that the battle against corruption is playing in the proceedings and to underscore the leading role that we in the Congress must take to compel further action from our colleagues in the executive branch. History tells us that they will likely not do so on their own. In fact, the history of anti-corruption laws in the United States is replete with fervent opposition from the executive branch, whether during Democratic administrations or Republican, to virtually every measure proposed in the Congress. This was true of the Foreign Corrupt Practices Act of 1977, which barred U.S. companies and their officials from paying bribes in foreign countries. The executive and the business community declared that this would end the ability of American corporations to do business around the world, which turned out not to be true, of course. Indeed, it became in due course a foundational element in the United Nations Convention Against Corruption--UNCAC--and other elements of the international architecture of the battle against corruption. Yet the executive has continued to oppose every measure introduced in Congress to address kleptocrats and human rights abusers, including the original Sergei Magnitsky Rule of Law Accountability Act of 2012 and its successor, the Global Magnitsky Human Rights Accountability Act of 2016. This is especially ironic because, since the enactment of the 2016 law, both Republican and Democratic administrations have been utilizing the law frequently and to good effect. Indeed, today, Secretary of State Tony Blinken announced that--on the occasion of International anti-Corruption Day--the Department of State has designated 12 individuals from 7 countries for significant corruption and also named another 18 family members. In five of the designations, the Treasury Department has invoked Global Magnitsky sanctions for their roles in corruption. The Democracy Summit is being built around three principal themes: defending against authoritarianism, promoting respect for human rights, and fighting corruption. Corruption is the means and the method for kleptocratic rulers around the world to steal from their own people and to stash their wealth in safe havens, most often in the democratic Western world. This is directly and intimately connected to the undermining of the rule of law and the repression of human rights in these same countries--which is why I was so pleased to see that, on June 3 of this year, President Biden declared the fight against corruption to be “a core national security interest.” And he directed his National Security Advisor to develop a comprehensive strategy to address the problem. Accordingly, earlier this week, in the run-up to the Democracy Summit, the White House published the first “United States Strategy on Countering Corruption.” The strategy is a 38-page document that describes several major lines of effort in the new strategy. Among the document's commitments are pledges to crack down on dirty money in U.S. real estate, to require certain gatekeepers to the U.S. financial system such as attorneys, accountants, and investment advisers to perform greater due diligence on their prospective clients, and to make it a crime for foreign officials to solicit or accept bribes from U.S. companies. If this strategy is matched with appropriate resources, it has the power to fundamentally change the calculus for kleptocrats and redirect stolen funds back to the original problems they were meant to fund such as fighting the pandemic, countering the effects of climate change, funding economic development and opportunity. We in the Congress can do our part by passing pending legislation that would further strengthen the hand of the U.S. Government in this effort. While there are a number of valuable proposals pending, there are two that I suggest would be the most impactful and necessary. The first is the Combating Global Corruption Act, S. 14, which I introduced and was cosponsored by my Republican friend from Indiana, Mr. Young, which would create an annual global report, modeled in some ways on the Trafficking-in-Persons report, in which the State Department would assess how earnestly and effectively the governments of the world are living up to the commitments they have made in international treaties and covenants. The report would also place the countries of the world in 3 tiers, according to how well they are doing. And for those in the lowest performing tier, likely the governments that are actually kleptocracies, the bill asks that the executive branch assess government officials in those places for possible designation for Global Magnitsky sanctions. The second is the Global Magnitsky Human Rights Accountability Act, S. 93, which I introduced and was cosponsored by my Republican friend from Mississippi, Mr. Wicker, which would permanently reauthorize the existing Global Magnitsky framework and to widen the aperture of the law to encompass more bad actors and actions. Both these measures have been reported favorably and unanimously by the Senate Committee on Foreign Relations, and both are ready for final action by the Senate. As President Biden convenes the Democracy Summit today, with its major focus on the battle against corruption, it would be timely for the Senate to demonstrate our resolve as well. So I hope that my colleagues here in the Senate will agree in the coming days to adopt these two bills, so that we may take them to the House of Representatives, where they also enjoy bipartisan support, and get them onto the desk of President Biden during the coming year. Participating governments in the Democracy Summit, including the United States, are making commitments to strengthen their own democracies in the next 12 months, in advance of a second summit that is envisioned for next December. The American position will be enhanced if we have enacted these laws before then. Mr. President, I ask unanimous consent that selected excerpts of the “United States Strategy on Countering Corruption” be printed in the Congressional Record.

  • Uniting Against Corruption

    At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax formally launched the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately preceded President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries committed to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, welcomed the formation of the alliance at the kickoff event. The event began with opening remarks from Chairman Cardin, and then featured remarks from several other parliamentarians: U.S. Representatives Tom Malinowski (NJ-07) and Helsinki Commission Ranking Member Joe Wilson (SC-02); Members of the UK Parliament Margaret Eve Hodge (Barking) and Andrew John Bower Mitchell (Sutton Cornfield); and Members of the European Parliament Daniel Freund (Germany), Katalin Cseh (Hungary), and Lara Wolters (Netherlands). Helsinki Commission Senior Policy Advisor Paul Massaro moderated the discussion. Chairman Cardin traced the history of successful anti-corruption legislation in the United States. He touched on the Foreign Corrupt Practices Act of 1977, the Money Laundering Control Act of 1986, and the Global Magnitsky Act of 2016 as examples both of bipartisan cooperation and of U.S. leadership in the international fight against corruption.  The next step, he said, is dealing with enablers. “These are the accountants, the lawyers, the financial advisers. They allow kleptocrats to be able to do their corruption through the use of rule of law of other countries,” he noted. Rep. Malinowski stressed the connection between corruption and authoritarianism: “Corruption is the reason for being for most authoritarian regimes. It sustains them. It profits them.” Nonetheless, he observed that corruption is also a vulnerability for such regimes, as citizens ultimately refuse to accept kleptocratic leaders. Rep. Malinowski then discussed the ENABLERS Act, which seeks to close loopholes that enable kleptocrats to hide their money. MP Hodge echoed the need to address the enablers of corruption, the structures “through which the world’s crooks and kleptocrats take their stolen money and let it disappear.”  She then explained her push, along with MP Mitchell and others, for a public register of beneficial ownership to combat the role of property in UK money laundering. MP Mitchell further discussed the push for a public register of beneficial ownership, a particularly important policy as the UK “may be responsible for up to 40 percent of the money laundering that goes on in the world.” MP Freund continued the discussion of transparency, emphasizing that the European Parliament cannot see the final beneficiaries of EU-funded projects. He welcomed the possibility of working with the new U.S. administration and cited the success of the Magnitsky sanctions as an instance of effective U.S. leadership against kleptocracy and corruption. Rep. Wilson echoed MP Freund’s enthusiasm for cooperation, calling corruption “a bipartisan and cross-border problem” that requires cooperative solutions. Like Rep. Malinowski, he noted the link between corruption and authoritarianism and suggested that closing the loopholes available to authoritarian governments requires international cooperation. MP Cseh built on the previous discussion of authoritarianism, adding that corruption is inseparably linked with human rights abuses.  “Autocrats and oligarchs oppress their people so that they can enrich themselves… and they are desperately holding onto power because they want to escape prosecution for corruption,” she said. She then drew on her experience as a Hungarian opposition politician to discuss the connection between corruption and democratic backsliding. MP Wolters delivered the final remarks of the event on the new state of the EU in light of Hungary’s democratic backsliding.  “I don’t think the EU was ever designed with the idea that we would end up with strange bedfellows internally within our system,” he said. This breach in EU sanctity entails new problems as these “strange bedfellows” have access to funding meant improve the lives of EU citizens. The event concluded with questions from the audience. Chairman Cardin and Rep. Malinowski responded to question on the resources available to victims of corrupt and kleptocratic regimes, and MPs Freund and Cseh addressed the potential for proactive measures against interference by kleptocratic regimes in legislatures. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Inter-Parliamentary Alliance Against Kleptocracy to Unite Political Leaders in Transatlantic Battle Against Corruption

    BRUSSELS, LONDON, WASHINGTON—At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax will formally launch the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately precedes to President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries will commit to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, will welcome the formation of the alliance at the kickoff event. UNITING AGAINST CORRUPTION Launch of the Inter-Parliamentary Alliance against Kleptocracy Tuesday, December 7, 2021 11:00 a.m. ET Register: https://bit.ly/3IsbbvY “Countering corruption—a clear national security threat—is one of the three pillars of the upcoming Summit for Democracy. For me, it is an essential aspect of the meeting,” said Chairman Cardin. “It isn’t enough that the United States prioritizes the fight against corruption. To curb this global scourge, democracies must work together. I welcome the formation of the Inter-Parliamentary Alliance against Kleptocracy, which will help harmonize our approaches to countering corruption and closing our systems to dirty money.” The Inter-Parliamentary Alliance against Kleptocracy is an alliance of legislative groups committed to countering the threat of global corruption. The new alliance will focus on fighting kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Because the fight against foreign corruption spans the globe, the alliance will enable members and staff to share perspectives and coordinate efforts to confront the growing threat of authoritarian corruption. The alliance will hold periodic events, sponsor informal roundtables and briefings with leading experts, and coordinate initiatives across borders. “Nothing gets under the skin of dictators more than democracies working together—and confronting corruption is the best way to align ourselves with public sentiment in their countries. This parliamentary alliance will help ensure that lawmakers from the world’s democracies are working together to pass and enact laws against amassing and hiding illicit wealth,” said Rep. Tom Malinowski (NJ-07), Co-Chair of the U.S. Caucus against Foreign Corruption and Kleptocracy. “Corruption is at the heart of all human rights abuse. Journalists are silenced and civil society is attacked because these individuals threaten to expose the corruption that underpins all strongmen,” said Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), a member of the U.S. Caucus against Foreign Corruption and Kleptocracy. “By uniting with our allies to root out corruption, we take aim at the very essence of authoritarianism. That is why the Inter-Parliamentary Alliance against Kleptocracy is so important. Corruption is global by nature. But if all democracies close their doors to it, we can succeed.” “Corruption is the new communism. It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it. I am pleased to welcome the establishment of the Inter-Parliamentary Alliance against Kleptocracy, which will unite democratic allies against the corruption of Russian oligarchs, CCP princelings, Venezuelan thugs, and Iranian mullahs,” said Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02). “We have been seeing autocrats like Viktor Orbán successfully undermining European democracy for years from within, with increasing support from their experienced counterparts in Russia and beyond. If they close their ranks, all democratic parties need to do the same. This is not a fight that a single actor can win alone,” said MEP Daniel Freund of Germany, Co-Chair of the EU Parliament Anti-Corruption Intergroup. “Kleptocrats are destroying democracy and undermining the European Union. With this alliance we can stop European autocrats like Viktor Orbán and could be a powerful tool to influence not only national legislation but agreements on fighting corruption, transparency, accountability and criminal cooperation between the EU and the US. We should keep this alliance open for national lawmakers as well within the EU, allowing for example the devoted members of the Hungarian opposition parties also to join and commit themselves to such a noble cause. We have to fight together and we will fight together,” said MEP Katalin Cseh of Hungary, Member of the EU Parliament Anti-Corruption Intergroup’s leadership bureau. “Dirty money is at the root of many evils. From drug smuggling to terrorism, from money laundering to human trafficking, and from fraud to corruption. But if we can follow the money then we can start to put a stop to all manner of heinous crimes. That's why the launch of the Inter-Parliamentary Alliance on Kleptocracy represents a powerful moment as the world's democracies come together for the fight against illicit finance,” said UK MP Margaret Hodges, Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “The movement of illicit finance is a global problem that requires a global solution.  The harm caused to global security and democracy is facilitated by lack of coordination between different legislatures, and I am delighted to be part of the Inter-Parliamentary Alliance on Kleptocracy.  I look forward to working with colleagues across the world to ensure that we give Kleptocrats nowhere to hide,” said UK MP Kevin Hollinrake, Vice Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “It is not enough that America fight dictators – our friends and allies must also fight them. By working together to reject blood money, we can successfully deny dictators and their cronies access to our markets. I am thrilled about the formation of the Inter-Parliamentary Alliance against Kleptocracy. This international alliance of like-minded kleptocracy fighters will ensure that killers and thugs have no safe haven,” said Rep. Maria Elvira Salazar (FL-27), a founding member of the U.S. Caucus against Foreign Corruption and Kleptocracy. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Helsinki Commission Digital Digest November 2021

  • Dictators, Inc.

    Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. On November 22, 2021 the Commission on Security and Cooperation in Europe hosted a briefing examining the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists discussed the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. Vladimir Milov, a Russian opposition politician and economist, discussed how American companies like Google and Apple could be coerced into succumbing to the Russian government’s censorship demands. He noted that the situation isn’t all bad: Google and Apple had resisted past censorship requests by the Russian government. However, the removal of an app created by Alexei Navalny’s organization to help coordinate protest votes in the 2021 Duma elections was problematic; there was nothing illegal about the content, and tech companies like Apple and Google removed them without communicating a legal explanation for doing so, Milov said. Milov suggested that first, companies should not give in to these types of demands by governments so as not to embolden them, and second, should make such communication with governments public to provide transparency. Matt Schrader, Advisor for China at the International Republican Institute, described how the Chinese Communist Party tries to influence other countries’ political systems by leveraging economic access. He pointed toward the People’s Republic of China’s use of its embassies abroad to form mutually beneficial relationships with businesses and wealthy individuals to influence political discourse and curry support for China. In the United States, for instance, this support can come in the form of lobbying against laws such as the Uyghur Human Rights Act, Schrader said. Another example, Schrader continued, is the film industry. China is a large market, and film companies are denied access to the Chinese market if they produce any films critical of China. Finally, Schrader pointed out the importance of the megaphone of celebrity in combating human rights violations. For example, efforts by U.S. tennis player Serena Williams and other athletes to raise awareness about missing Chinese tennis player Peng Shuai has led to serious discussion about moving the 2022 Beijing Winter Olympics, while the ongoing genocide of the Uyghurs in Xinjiang has not. Karen Sutter, Specialist in Asian Trade and Finance at the Congressional Research Service, focused on the Chinese government’s increased economic pressure on countries, organizations and individuals to conform to China. According to her, the line between the government’s use of its authority and its commercial interest has been blurred. This includes rulings on anti-trust, business licensing, and other matters. “China’s use of economic coercion to push through policy goals is intensifying,” Sutter said, adding that this coercion is not limited to individuals or companies operating in China, creating gaps in public awareness in third countries, and taking away the ability to have public, informed debates on issues related to China. Sutter elaborated on several tools the United States could use to respond to China, including examining Chinese tactics, acknowledging that China benefits from the U.S. interest in its market, and understanding how China uses measures and countermeasures that put American companies in the middle of disputes between the two governments. Sutter continued by explaining that this system of measures and countermeasures as well as the asymmetric access to the economy poses the greatest challenge. Asked whether there is any indication that China’s influence over American enterprises could position China for a military advantage, Sutter pointed toward the issue of dual-use technologies and technological transfer to the Chinese government itself. She questioned whether other countries would backfill such arrangements if the United States imposed restrictions, and then further asked if there was a good way to impose restraints on or consequences for malign Chinese behavior. Schrader added that China sees embeddedness in globalization as a source of power and seeks to position itself to benefit the most it can from technological and scientific innovation. On the question of companies like Apple or Google “decoupling” from Russia and China, Milov responded that these companies would reach a point at which it would no longer be worth it to operate in country. He suggested, however, that companies could operate in Russia without a physical presence and thus limit their exposure to coercion. Sutter added that decoupling is not limited to U.S. companies looking to leave China. Rather, Chinese industrial policy shows attempts towards becoming self-sufficient in the areas of aircraft, semiconductors, medical equipment, and other key areas. In the meantime, Sutter said to end her testimony, the United States and Europe could use the threat of decoupling as leverage. Related Information Panelist Biographies China’s Recent Trade Measures and Countermeasures: Issues for Congress

  • 30 Years After Ovcara

    By Robert Hand, Senior Policy Advisor On November 20, 1991, after the fall of the city of Vukovar in Croatia, militant Serb forces removed 265 ill and injured Croats from a hospital. They were taken to the nearby Ovčara farm southeast of Vukovar, where they were abused before being shot and killed, with their bodies dumped in a mass grave. In addition to wounded members of the Croatian armed forces were civilians, including some women and children.   The Helsinki Commission strongly supported the international effort to prosecute those responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, including those most responsible for the crime at Ovčara, which took place early in a series of conflicts associated with Yugoslavia’s disintegration throughout the 1990s.  Many obstacles stood in the way, but after years of persistent effort justice prevailed. However, malicious acts supporting territorial aggression continue in the OSCE region and elsewhere. When remembering Ovčara, it is important to acknowledge the brave few in Serbia—civil society advocates, political activists, journalists, lawyers and judges, and everyday citizens—who consistently have refused to associate themselves with the terrible crimes committed in their name in the 1990s, and seek to this day not only justice but a needed acknowledgement of reality in the face of continued denial and revisionism. A wider acknowledgement led by those holding power today will mean a better future for Serbia and its neighbors tomorrow.

  • Remembering Sergei Magnitsky

    Madam President, 12 years ago this Tuesday, Russian tax lawyer Sergei Magnitsky died in Moscow at the hands of prison guards who, instead of treating him for the acute illness that his torturous, year-long detention provoked, beat him for over an hour.  He was found dead in his cell shortly thereafter.  His “crime” was exposing the largest tax fraud in Russian history, perpetrated by government officials.  He was 37 years old and left a loving family and many friends. At the Helsinki Commission, which I chair, we had heard of Sergei’s plight months earlier and we were saddened and outraged that such a promising life had been cut short and that so few expected his murderers to be held to any account. Impunity for the murder of journalists, activists, opposition politicians, and now a simple, honest citizen was, and remains, a depressing cliché in Russia under Vladimir Putin’s rule while his regime often ruthlessly punishes people for minor infractions of the law.  For those on the wrong side of the Kremlin, the message is clear — and chilling.  Even the most damning evidence will not suffice to convict the guilty nor will the most exculpatory evidence spare the innocent. The need for justice, in Russia, in this specific case does not diminish with the passage of time.  Moreover, the “doubling down” on the cover-up of Sergei’s murder and the massive tax heist he exposed implicates a wider swath of Russian officials with the guilt of this heinous crime.  It does not need to be this way, however; nor is it ever too late for a reckoning in this case in the very courtrooms that hosted the show trials that ultimately led to Sergei’s death and the obscenity of his posthumous conviction. As somber as this occasion is, there is reason for hope.  Vladimir Putin will not rule Russia forever and every passing day brings us closer to that moment when someone new will occupy his post.  Who that person will be and whether this transition will usher in a government in Russia that respects the rights of its citizens and abides by its international commitments remains unclear.  I hope it does.  A Russian government that returns to the fold of responsible, constructive European powers would increase global security, enhance the prosperity of its own citizens and trading partners, and bring new vigor to tackling complex international challenges such as climate change. Sergei’s work lives on in his many colleagues and friends who are gathering in London this week to celebrate his life and to recognize others, like him, who seek justice and peace in their countries, often facing, and surmounting, seemingly impossible obstacles.  All too often, they pay a heavy price for their courageous integrity. Sergei’s heroic legacy is exemplified in the global movement for justice sparked by his death, and in the raft of Magnitsky laws that began in this chamber and have now spread to over a dozen countries, including allies like Canada, the United Kingdom, and the European Union.  Even as these laws help protect our countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that we have not forgotten them. Sergei Magnitsky is a reminder to all of us that one person can make a difference.  In choosing the truth over lies, and sacrifice over comfort, Sergei made a difference and will never be forgotten. Fifty-five years ago, Senator Robert F. Kennedy addressed the National Union of South African Students and spoke about human liberty.  He spoke about freedom of speech and the right “to affirm one's membership and allegiance to the body politic – to society.”  He also spoke about the commensurate freedom to be heard, “to share in the decisions of government which shape men's lives.”  And he stated that government “must be limited in its power to act against its people so that there may be … no arbitrary imposition of pains or penalties on an ordinary citizen by officials high or low”.  Senator Kennedy went on to say, Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance. Madam President, Sergei Magnitsky stood up for an ideal.  He acted to improve the lot of others.  He struck at injustice.  He was – and remains – a ripple of hope.  On this sad anniversary of Sergei Magnitsky’s murder, let us all recommit ourselves to helping those in Russia, and around the world, who seek their rightful share in the governance of their own countries and who deserve the confidence of doing so without fear of harm.  If we do this, Sergei will not have died in vain. I am confident that one day, there will be a monument in stone and bronze to Sergei in his native Russia.  Until that day, the laws that bear his name will serve as his memorial.

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