Helsinki Commission Advisor Discusses ZAPAD 2017Tuesday, October 10, 2017
On September 27, 2017, Helsinki Commission Global Security and Political-Military Affairs Advisor Alex Tiersky joined Ambassador Kurt Volker, Dr. Stephen Blank, and Ambassador Eitvydas Bajarunas at a public seminar to discuss the execution, outcomes and aftermath of Russia’s large-scale ZAPAD 2017 military exercise. Hosted by the Central and East European Coalition, Russia on NATO’s Doorstep: The West's Response to the Kremlin's Wargames was moderated by Dr. Mamuka Tsereteli. During the discussion, Tiersky shared his experience as one of only two American officials who was invited by the Belarusian government (who partnered with Russia for the joint military exercise) to be present for the conclusion of ZAPAD 2017. Tiersky commended the Belarusian government for offering the Distinguished Visitors program that he participated in along with representatives of the OSCE, the Red Cross and NATO, as well as defense attachés from various countries. The program included an extensive briefing on the aims, parameters, and intent behind the exercise, as well as an opportunity to witness an impressive live-fire demonstration at the Borisov training ground. Belarusian briefers underlined that the aim of the program was to offer as much transparency as possible; the exercise was purely defensive in nature and neighboring countries had nothing to fear, Tiersky was told. However, Tiersky added, the program offered by Belarusian authorities – while commendable – fell short of fulfilling the spirit of commitments to military transparency under the Vienna Document, which would have provided a greater opportunity for evaluating the exercise's scale and scope through broader participation by OSCE participating states and more intrusive inspection measures. While impressive and worthwhile, the distinguished visitors program was thus not in itself sufficient to draw broad conclusions about ZAPAD, according to Tiersky. Tiersky concluded by describing how ZAPAD did little to assuage broader concerns related to Russian unwillingness to fulfill its commitments to military transparency, including under the Vienna Document (through for example its increasing use of snap exercises), as well as Russian violations of various arms control measures that have been essential contributors to peace and security in Europe for decades.
The 2017 Human Dimension Implementation Meeting: An OverviewFriday, August 18, 2017
Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
OSCE Debates Future of European SecurityMonday, June 19, 2017
By Alex Tiersky, Global Security and Political-Military Affairs Advisor Can an organization of 57 participating States which includes both the United States and Russia come to agreement on the causes of instability in European security today, let alone re-commit to the basic rules of the road governing states’ behavior? And are all participating States – especially Russia – still able and willing to participate in good faith in a positive-sum, cooperative approach to building security, rather than a competitive, beggar-thy-neighbor approach? These were the questions that underpinned the OSCE Security Days conference of non-governmental experts and governmental representatives on “Countering fragmentation and polarization: Re-creating a climate for stability in Europe,” held on May 18-19, 2017 in Prague. While the Czech hosts were proud to inform attendees that the meeting was held in the very hall in which the July 1, 1991 protocol dissolving the Warsaw Pact was signed, it seemed unlikely that this historical spirit would deliver positive breakthroughs in the current challenges facing the post-Cold War order in Europe, which was declared dead by more than one speaker. The great majority of interventions focused on the deliberate undermining of other countries’ security and independence by Russia. Additional challenges raised by speakers included increasing polarization within and among states, the rise of populist movements, a post-truth environment that feeds instability and mistrust, and the emergence of the cyber domain and its use in interstate competition. Russian revisionist perspectives on the European security order, declared on such occasions as President Putin’s speech at the Munich Security Conference in 2007, underline the extent to which Russian leaders see the post- cold war order as detrimental to Russia’s interests and therefore obsolete, according to several speakers. Conference participants from Russia, for their part, painted an entirely different reality than that described by most other participants. In the former’s telling, the west took advantage of Russia in the post-cold war period despite positive actions by Russia, ranging from the withdrawal of troops and armaments previously stationed across Europe, to more recent collaboration in fighting against piracy or eliminating Syrian chemical weapons. Stressing the concept of indivisibility of security, Russian speakers underlined that Russia would make no more of what they called unilateral concessions, and called for a new European Security Treaty. NATO’s concept of deterring Russia is not compatible with OSCE commitments, they asserted. Seeking to address these widely differing perspectives among its membership, the German Chairmanship in 2016 and the Austrian Chairmanship in 2017 have launched an informal working group on “structured dialogue” to discuss participating States’ differing views on security threats and possible ways forward. Conference participants were of mixed views on the prospects for the structured dialogue effort, with skeptics citing what they saw as similar past processes such as the Corfu Process or Helsinki +40, which failed to show concrete results. Many participants were keen to underline the need for the structured dialogue to avoid calling existing institutions or principles into question. The challenges facing European security were not institutional in nature, these voices argued, but rather the result of one OSCE participating State – Russia – failing to uphold its commitments or respect the sovereignty and independence of other participating States. Conference participants offered a number of policy recommendations for strengthening the OSCE (such as providing a small crisis response fund under the Secretary General’s authority; providing additional tangible assets like unmanned aerial vehicles; supporting historical research to better understand the sources of divergent perspectives; or modernizing arms control and confidence building measures). The OSCE should pay more attention to the increasing instability in the Western Balkans, it was suggested, and ongoing work on cyber norms had real potential utility. Individual participating States were urged to combat disinformation campaigns by investing in tools to rapidly rebut false claims, educate publics, and discredit outlets that serve as propaganda, while safeguarding fundamental freedoms. Despite these and other positively-inclined recommendations, however, the general mood at the conference was one of urgency, not optimism. If one point of general consensus emerged among the widely differing perspectives, it was that in the face of increasingly complex and urgent challenges (many of them caused by or closely linked to Russia’s geopolitical stance, according to the great majority of conference attendees) the absence of shared views and approaches was unlikely to resolve itself in the near term. This dynamic was likely to contribute to a worsening of existing and emerging security crises – and ultimately the further loss of lives. Alex Tiersky attended the conference as a representative of the U.S Helsinki Commission.
Background: OSCE Special Monitoring Mission in UkraineMonday, April 24, 2017
By Alex Tiersky, Global Security and Political-Military Affairs Advisor On April 23, 2017, the OSCE announced that a U.S. paramedic serving in the OSCE Special Monitoring Mission in Ukraine had been killed when his vehicle struck an explosive – likely a landmine – in separatist controlled territory in eastern Ukraine. Two other SMM personnel, from Germany and the Czech Republic, were also injured in the incident. What is the OSCE SMM? The Organization for Security and Cooperation in Europe (OSCE)’s Special Monitoring Mission (SMM) in Ukraine was established in 2014, to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia and Ukraine. Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. The Mission has some notable achievements, including regular reporting on the near-constant ceasefire violations, as well as the humanitarian needs of the population struggling in the conflict zone. It has also sought to bring the sides together on weapons withdrawals and demining, as well as working towards agreements to fix power and water lines in the conflict area. However, Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces, who seek to limit the SMM’s access to the areas they control. The attacks have made the environment in which Mission personnel operate increasingly volatile and dangerous, a fact tragically underlined by the incident on April 23. In addition to this harassment, the SMM has faced limits imposed by the Russian-backed separatists including denial of access to the Ukrainian-Russian border, as well as jamming or downing of the OSCE’s unmanned aerial vehicles, critical tools for maintaining a clear operational picture. What is the U.S. Position? The United States supports the SMM and its monitors by providing personnel (roughly 75 Americans, making it the largest national contributor) and resources to the mission. The U.S. also supports the SMM by pushing Russia to end the separatists’ obstructions. Since the April 23 incident, the U.S. has reiterated its call for full implementation of the Minsk Agreements, particularly by the Russian-led separatist forces who are most responsible for the threats to the SMM. The U.S. has pushed for the sides to move towards a real and durable ceasefire, withdrawal of heavy weapons, and disengagement from the line of contact, as well as safe, full, and unfettered access throughout the conflict zone for the SMM monitors. The U.S. Helsinki Commission has consistently upheld Ukrainian sovereignty and territorial integrity, including through support of the efforts of the SMM in Ukraine, and called for full implementation of the Minsk Agreements, in particular underlining Russia’s responsibility in ensuring that the separatists make verifiable and irreversible progress on the implementation of the Minsk agreements. The latest incident must not only be fully investigated; it is a reminder of the urgent need for progress on full implementation of the Minsk Agreements, including a cease-fire and withdrawal of weapons.
Chairman Wicker on Death of OSCE Monitor in Eastern UkraineMonday, April 24, 2017
WASHINGTON—Following the death yesterday of a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine when his vehicle struck an explosive – likely a landmine – in separatist-controlled territory in eastern Ukraine, Helsinki Commission Chairman Senator Roger Wicker spoke on the Senate floor this evening to condemn the incident; express his condolences to the family of the victim, Joseph Stone; and call for the Russian government to end the cycle of violence that resulted in yesterday’s tragedy. “Had Russia lived up to the Minsk agreements, and ceased supporting, directing, funding, and fueling separatists in this region, there would have been no need for the [monitoring] mission to continue,” Senator Wicker said. “[The monitors] play an essential role in the understanding of the situation on the ground, often under extremely difficult circumstances…the tragic death of American Joseph Stone underscores the need for the OSCE monitors to have unfettered access across the front lines and across the border regions controlled by the separatists,” he continued. “I commend the Austrian foreign minister, who serves as OSCE Chair-in-Office, for calling attention to this tragedy and calling for an immediate investigation into these events. Those who are responsible … should be held accountable. Joseph Stone died serving his country by serving as a part of this international effort, and I extend my condolences this evening to his family and friends. I once again call on Russian leadership to put an end to the cycle of violence and to live up to its OSCE commitments,” Senator Wicker concluded. The SMM was established in 2014 to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The United States supports the SMM and its monitors by providing roughly 75 personnel and other resources to the mission.
Smith and Eshoo Reintroduce Emergency Bill to Help Genocide SurvivorsTuesday, January 10, 2017
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.
Human Rights, Military Security in Crimea under the Microscope at Upcoming Helsinki Commission BriefingWednesday, November 02, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: Ongoing Human Rights and Security Violations in Russian-Occupied Crimea Thursday, November 10, 2016 2:00 PM Rayburn House Office Building Room B-318 In Russia’s ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars. At the same time, with Russia’s militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The briefing will examine the current state of affairs in the region in the face of Russian aggression, analyze the response of the international community, and discuss how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government’s compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. The following panelists are scheduled to participate: Oksana Shulyar, Embassy of Ukraine to the United States John E. Herbst, Director, Dinu Patriciu Eurasia Center at the Atlantic Council; former U.S. Ambassador to Ukraine Paul A. Goble, Editor, Windows on Eurasia; Professor, The Institute of World Politics Taras Berezovets, Founder, Free-Crimea Project, Kyiv, Ukraine
Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCEThursday, September 22, 2016
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 PerpetratorsThursday, September 22, 2016
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).
Helsinki Commission Briefing to Examine Challenges to Moldovan Security, Including Russian Destabilization EffortsMonday, September 19, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Moldova at a Crossroads” Thursday, September 22, 2016 4:00 PM Rayburn House Office Building Room 2456 Twenty-five years after its independence, Moldova is at a crossroads as it prepares for presidential elections scheduled for October 30. While it seeks to overcome significant internal challenges, the country is also squarely in the crosshairs of Russian destabilization efforts intended to maintain Moscow’s influence and strike at the foundation of Moldovan democracy. Speakers will address continued threats to Moldovan territorial integrity and sovereignty; hostile Russian actions including disinformation campaigns, an economic blockade, and threatening rhetoric; and the roles of the Moldovan government and external actors, including the OSCE, in addressing Moldovan vulnerabilities. The following experts are scheduled to participate: Ambassador William Hill, National War College, National Defense University Matthew Rojansky, Director, Kennan Institute, Woodrow Wilson Center
Introducing the Iraq and Syria Genocide Relief and Accountability Act of 2016Friday, September 09, 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 IraqThursday, September 08, 2016
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.
in the news
Fox Business: Sen. Wicker on TurkeyWednesday, July 20, 2016
Following the July 2016 attempted coup in Turkey, Helsinki Commission Co-Chair Senator Roger Wicker joined Fox Business Network to provide his perspective on recent events in the OSCE participating State and NATO Ally. Calling President Erdogan's subsequent actions "very disturbing," Co-Chairman Wicker noted, "There has been an all-out assault not only on the military -- on admirals and generals -- but also on the judiciary, on universities, on religious leaders." In addition to serving as the co-chairman of the Helsinki Commission, Senator Wicker is a senior member of the Senate Armed Services Committee, and chairs the OSCE Parliamentary Assembly (OSCE PA) Committee on Political Affairs and Security.
Chairman Smith Introduces Bipartisan, Bicameral Bill to Aid Holocaust SurvivorsThursday, July 07, 2016
WASHINGTON—U.S. Senators Tammy Baldwin (D-WI) and Marco Rubio (R-FL) and U.S. Representatives Chris Smith (R-NJ) and Joe Crowley (D-NY) today introduced the Justice for Uncompensated Survivors Today (JUST) Act. This bipartisan and bicameral bill will improve efforts to assist Holocaust survivors and the families of Holocaust victims by requiring the State Department to report on the progress of certain European countries on the return of, or restitution for, wrongfully confiscated or transferred Holocaust-era assets. “Holocaust survivors—witnesses to the brutal murders, torture and heartless thievery of the Nazis and their accomplices—continue to be cheated and defrauded, inexplicably, as they fight for the rightful return of their stolen property,” said Rep. Smith, who chairs the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. “This bill will help survivors get justice instead of excuses from their governments.” “We urgently need an improved public accounting of other countries’ efforts to address Holocaust-era property restitution issues,” said Senator Baldwin. “Tragically, we are losing survivors every day, and it is my sincere hope that this legislation, by shining a spotlight and solidifying this issue as an American foreign policy priority, will spur action in countries that are falling short of their obligations, ultimately resulting in a measure of justice for these individuals who have waited far too long.” “I am pleased to be the lead Republican sponsor of this important bipartisan legislation which, if passed, will play a critical role in ensuring that Holocaust-era property restitution is finally realized,” said Senator Marco Rubio. “Seventy years after this dark chapter in human history, the restitution of Jewish communal, private and heirless property in Central and Eastern Europe, illegally confiscated by the Nazis and their collaborators during World War II, remains a largely unresolved issue and a source of lasting pain for many Holocaust survivors and their heirs. American leadership in addressing this injustice is vital, which is precisely what this legislation will provide. I join Senator Baldwin in pressing for swift passage of this measure.” “Several decades removed from the horrors of the Holocaust, a substantial amount of Jewish-owned property still hasn’t been returned to their rightful owners, nor have they been compensated. This is unacceptable,” said Rep. Crowley, Vice Chair of the Democratic Caucus. “It’s important that we do what we can to ensure European governments are keeping their word, and I’m proud to join my colleagues in this legislation that will put us one step closer to bringing justice to Holocaust victims, survivors, and their families.” Seventy years after the Holocaust, in which the unprecedented looting of Jewish assets was a central aspect, the restitution of Jewish communal, private, and heirless property in Central and Eastern Europe remains unresolved. Indeed, decades after the Holocaust and the fall of Communism, most formerly Jewish-owned, real properties confiscated by the Nazis and their collaborators have not been returned, nor has compensation been provided to the rightful owners or their heirs. The JUST Act will build on the international Terezin Declaration on Holocaust Era Assets and Related Issues of 2009, which affirms that the protection of property rights is an essential component of a democratic society based on the rule of law and recognizes the importance of restituting or compensating Holocaust-related confiscations made during the Holocaust-era between 1933-45. Unfortunately, many nations that endorsed this declaration, including many of our NATO allies, have not fully addressed the restitution of Jewish communal, private and heirless property. The JUST Act permanently amends current law to require the State Department to report on certain countries’ compliance with and progress toward the goals of the 2009 Terezin Declaration on Holocaust Era Assets, as well as on what actions those countries are taking to resolve the claims of U.S. citizens. This will enhance on-going U.S. efforts to urge Central and Eastern European countries to achieve progress on this issue and will help build on America’s commitment to ensuring justice for Holocaust victims and their families. “Holocaust-era property restitution provides a measure of justice to victims and their families, and to surviving Jewish communities, for the violation of their basic human rights. The JUST Act would encourage countries around the globe to live up to the existing international consensus they endorsed in 2009,” said Abraham Biderman, co-chairman of the World Jewish Restitution Organization's Executive Committee. “We commend Sens. Baldwin and Rubio for helping advance America’s leadership in the fight for justice for Holocaust victims and for the restitution of Holocaust era property. It is critical to spotlight how countries are fulfilling property restitution commitments and to hold them accountable if they fail to do so. Enshrining this as a priority of America’s human rights reporting provides another diplomatic tool to enhance the vital efforts of the Office of the Special Envoy for Holocaust Issues,” said Stacy Burdett, Vice President, Government Relations, Advocacy & Community Engagement, Anti-Defamation League. “Seventy years after the end of World War II and twenty-five years since democracy has been restored to the nations of Central and Eastern Europe there can no longer be any excuse for delaying the restitution of Holocaust-era properties to their rightful owners. We hope this legislation will push those governments to finally act,” said Rabbi Andrew Baker, Director, International Jewish Affairs, AJC. The JUST Act has received strong support from organizations across the country including World Jewish Restitution Organization (WJRO), American Jewish Committee (AJC), Anti-Defamation League (ADL), J Street, Jewish Federations of North America (JFNA), B’nai B’rith International, HIAS refugee assistance organization, Milwaukee Jewish Federation and the Jewish Home and Care Center Foundation in Milwaukee.
Senator Wicker Re-Elected as Head of OSCE Parliamentary Assembly First CommitteeMonday, July 04, 2016
TBILISI, Georgia—Senator Roger Wicker, Co-Chairman of the U.S. Helsinki Commission, has been reelected as Chairman of the OSCE Parliamentary Assembly (OSCE PA) Committee on Political Affairs and Security – known as the First Committee – at the group’s 25th Annual Session. “I am honored to be re-elected by my fellow parliamentarians as Chairman of the First Committee. I look forward to continuing our work to address critical security challenges in Europe, Russian aggression against Ukraine, and the scourge of international terrorism. This Committee serves as a key avenue for constructive dialogue and action that can benefit the entire OSCE region,” Senator Wicker said. First elected as First Committee Chairman in November 2014, Senator Wicker will continue to focus on sustaining a productive dialogue about security and ensuring compliance with international commitments. “Chairman Wicker has shown tremendous dedication to the urgent causes of peace and security in Europe, Eurasia and beyond. He is a constant advocate for the importance of U.S. leadership in finding solutions in the OSCE space,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who led the U.S. Delegation to the OSCE PA Annual Session. Wicker’s election capped off several days of Committee meetings, where he led the Committee on Political Affairs and Security as the group debated, amended, and passed seven resolutions related to international terrorism and security challenges in Ukraine, Georgia, and Moldova, among other pressing issues on the OSCE agenda. The Organization for Security and Cooperation in Europe (OSCE) comprises 57 countries. It addresses a wide range of security-related concerns, including arms control, confidence- and security-building measures, human rights, national minorities, democratization, policing strategies, counter-terrorism, economic, and environmental activities.
NATO’s Warsaw Summit and the Future of European SecurityThursday, June 23, 2016
This briefing, conducted two weeks prior to the NATO summit in Warsaw, discussed the prospects and challenges expected to factor into the negotiations. Key among these were Russian aggression and NATO enlargement, cybersecurity, and instability along NATO's southern border. Mr. Pisarski's testimony focused mainly on the challenge posed by Russian aggression and the role played by NATO's partners in maintaining stability in Eastern Europe. Dr. Binnendijk commented on seven areas he argued the Alliance should make progress on at the Warsaw summit, centering mainly around unity, deterrent capability, and the Alliance's southern strategy. Rear Admiral Gumataotao provided a unique insight into NATO Allied Command Transformation's core tasks and their expectations for Warsaw. The question and answer period featured a comment from Georgian Ambassador Gegeshidze, who spoke about his country's stake in the Summit's conclusions in the context of the ongoing Russian occupation of Abkhazia and South Ossetia.
Helsinki Commission to Preview Outcomes of July NATO Summit in WarsawMonday, June 20, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “NATO’s Warsaw Summit and the Future of European Security” Thursday, June 23, 2016 3:00 PM Rayburn House Office Building Room 2360 NATO’s next Summit, slated for July 8-9 in Warsaw, Poland, is expected to be a seminal moment in the evolution of the transatlantic relationship. At the Summit, the Alliance will need to tackle uncertainty about the range of security threats confronting its members, with some in the east prioritizing Russian aggression, while others are seeing instability to the South (including the migration crisis) as the most immediate threat. Heads of the 28 member states will need to demonstrate cohesive unity of purpose despite differences on these issues and others, ranging from NATO’s potential contribution to fighting terrorism to the continued role of nuclear weapons in NATO’s deterrence and defense posture. These discussions will be heightened by the Summit’s strategic location in the capital of a staunch eastern flank Ally that contributes to NATO operations and exercises, hosts NATO facilities, and – crucially – leads by example by devoting the NATO-agreed benchmark 2 percent of GDP to defense. Panelists will comment on the outcomes they expect from the Summit, implications for the broader transatlantic relationship, and the future of relations with Russia. The following experts are scheduled to participate: Rear Admiral Peter Gumataotao, Deputy Chief of Staff, Strategic Plans & Policy, North Atlantic Treaty Organization (NATO) Mr. Maciej Pisarski, Deputy Chief of Mission, Embassy of the Republic of Poland to the United States of America Dr. Hans Binnendijk, Senior Fellow, Center for Transatlantic Relations, The Johns Hopkins University
Witness Profile: Ambassador Jonathan MooreMonday, June 20, 2016
Ambassador Jonathan Moore is the OSCE’s ambassador to Bosnia and Herzegovina, and has spent most of his career working on the Balkans. He testified at the Helsinki Commission’s May 25, 2016 hearing, “Combatting Corruption in Bosnia and Herzegovina.” Corruption is one of the biggest problems in Bosnia and Herzegovina, and Ambassador Moore is particularly concerned about its dire effects on young people. “It’s an obstacle that drives young people out of the country and it keeps investors away,” he says. “Corruption needs to be combatted on all levels and I am very glad this hearing talked about it.” He identifies part of the problem as lack of privatization, and notes that political patronage plays a significant role in public enterprises like schools and universities. “There hasn’t been much privatization in Bosnia and Herzegovina,” he says. “Imagine you are a 14-year-old and you’re very smart and have great grades. You want to go to a certain kind of public high school—a gymnasium. Well, you might not get admitted unless you have the right kind of political connections. As a 14-year-old, you are not selected because you don’t have the right connections, or you’re not bribing the right people.” The cycle continues at the stage of university applications; graduates seeking jobs in public enterprises continue to face the same challenge. “Again, political patronage and political control,” he explains. “If you don’t fulfill the right criteria politically—it’s not about how smart you are—you don’t get the job you want. So it’s easier to say, ‘Enough,’ and leave. The bottom line is that politics is everything in Bosnia and Herzegovina, and that’s why I started and ended [my testimony] by saying all politics is local.” Ambassador Moore argues very strongly for action at the local level, especially in the 143 municipalities around the country, each with its own mayor. “In many of these cases, these mayors are very innovative and very perceptive,” he notes. “They’ve worked across religious and ethnic lines with their constituents, their fellow neighbors. Mayors don’t hide themselves off in offices in some capital city. They live there, they see these people every day who ask, ‘Why is the school falling apart?’ and say, ‘Fix the sidewalk,’ or ‘The sewer is backed up into my apartment building.’” Ambassador Moore thinks it is important to shine a light on those local officials who have desegregated the schools and are speaking up for different ethnic communities. “We have examples from the flood of 2014, where we saw [a mayor] who made sure that the resources went to all the victims and not just to his friends. Giving credit where credit is due to the positive examples, rather than just saying, ‘It’s a huge problem and nothing can be done,’ is of great merit.” Ambassador Moore believes that it is important to understand the importance of investing in the security and stability of the international realm. Countries without conflict, including Bosnia, are safer, better trading partners, and are more conducive to developing the innovative skills of the young generation. “When you have a country in this cycle of conflict, nobody has the time, resources, energy, or money to put ideas on the table in a positive way,” he says.
Helsinki Commission Leaders Mourn Passing of Former Senator and Commissioner George VoinovichTuesday, June 14, 2016
WASHINGTON—Following the death of former U.S. Senator and Helsinki Commissioner George Voinovich on Sunday, Helsinki Commission Chairman Representative Chris Smith (NJ-04) and Co-Chairman Senator Roger Wicker (MS) issued the following statements: “During his time in the Senate, Senator George Voinovich was a staunch supporter of the Helsinki Commission and its human rights mandate,” said Chairman Smith. “His dedication to the Helsinki principles of respect for the sovereignty of countries and for the human rights of people was an inspiration to his colleagues. At meetings of the OSCE Parliamentary Assembly as well as Commission hearings and events in Washington, the Senator particularly focused his work on promoting peace and stability in the Balkans, and tirelessly supported efforts to combat anti-Semitism.” “We continue to pursue Senator Voinovich’s vision for a Europe that is free and peaceful,” said Co-Chairman Wicker. “Just last month, the Commission held a hearing on the Balkans that sought to build a better, more prosperous future for the region. In the Senate, Senator Voinovich personally spearheaded the expansion of NATO to members of the Transatlantic Alliance who would otherwise have fallen prey to Russia. He understood that as times change, one thing does not: America can still make a difference. Senator Voinovich’s legacy is a reminder of this fundamental truth and an inspiration to all of us.”
Senator Wicker Responds to ICTY's Verdict on Bosnian Serb LeaderFriday, March 25, 2016
WASHINGTON—Senator Roger F. Wicker, Co-Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), made the following statement in regard to yesterday’s sentencing of former Bosnian Serb political leader Radovan Karadzic at the International Criminal Tribunal for the former Yugoslavia (ICTY), located in The Hague, to 40 years imprisonment for war crimes, crimes against humanity and genocide: “Yesterday’s conviction of Radovan Karadzic confirmed what we knew all along, namely that he was responsible for some of the worst atrocities to occur in Europe since World War II. Forty years in prison pale in comparison to the tens of thousands of innocent deaths that he caused. But it is good to see some measure of justice. I am hopeful that he never sees the light of day.” The Hague-based International Criminal Tribunal for the former Yugoslavia (ICTY) found Radovan Karadzic guilty of 10 out of 11 counts of war crimes, crimes against humanity, and genocide during the 1992-1995 conflict in Bosnia and Herzegovina. He was acquitted of one count of genocide, finding that the prosecution did not prove beyond a reasonable doubt his genocidal intent in relation to crimes committed in seven municipalities across Bosnia and Herzegovina. Karadzic was the leading political figure among Bosnian Serbs during the conflict. The court, while taking into account mitigating circumstances, nevertheless sentenced the 70 year-old Karadzic to 40 years in prison for his crimes.
By Nathaniel Hurd,
Senior Policy Advisor
The Commission for International Justice and Accountability is a non-governmental organization that investigates atrocity crimes and terrorism committed during conflicts and prepares evidence for prosecutions in criminal trials. Chris Engels is a lawyer with more than 15 years of international experience. In 2016, he testified before the Helsinki Commission on bringing perpetrators of genocide and related crimes to justice. This interview covers the work of CIJA and Engels, U.S. national security interests, legacy, and current efforts on accountability for international crimes and terrorism, the support of Congress, and how being an American from Mississippi shaped Engels’ life and career.
What is the Commission for International Justice and Accountability?
CIJA’s core work is to collect evidence of international crimes such as genocide, crimes against humanity, war crimes, and terrorism committed during conflicts. Our current investigations include Iraq, Syria, Burma, and the Central African Republic. We have seen in our careers that evidence against dictators, military leaders, terrorist groups and others who committed terrible crimes, often against their own citizens, is destroyed, stolen, or hidden away by those responsible for these crimes. Because it is close to impossible for government law enforcement or international organizations to work in these places, given the security issues related to operating in an active conflict zone, we have taken on this task. We are able to collect, preserve and analyze all types of evidence, including paper documents, hard drives, laptops, and smart phones as well as open source and social media materials. We also speak to witnesses, whether they be victims, bystanders or those who had some role in the organizations that we are looking into. An important part of this work is to bring together evidence that demonstrates the responsibility of leaders who hide behind layers of command, who don’t get their hands dirty but are most responsible for the terrible crimes they plan and order others to commit.
We also work with governments that are trying to deal with insurgent groups in their own countries. It’s completely reasonable that governments have little experience dealing with collection and analysis of evidence of these types of crimes, until they are attacked by an armed group. We’ve been dealing with these crimes for a long time and can advise and assist them as they fight to stop an insurgency and build cases against those who are responsible for the crimes. We help ensure that the right people are prosecuted for the full range of their crimes.
The job is challenging, but we have a great group of people working with us who are highly motivated to make sure these criminals don’t get away with their crimes. Our team is made up of investigators, analysts, lawyers, and security professionals from a number of countries, with experience in all of the recent conflicts around the globe. We are also a local organization in a way, because we have team members from the countries we work in who are incredibly committed to bringing to justice those who are tearing their countries apart. Together, we are a unique and dedicated group. That’s the key to our success.
Religious and ethnic minorities, like Christians and Yazidis, were targeted by ISIS for genocide, crimes against humanity, and war crimes. What work has CIJA done on atrocity crimes against these groups?
CIJA is designed to tackle these challenging issues. We have done a great deal of work to identify those ISIS members responsible for crimes against minorities such as Yazidis and Christians, and we hope to do more. I believe that our work not only promotes justice for minority victims, but also helps to cut through political rhetoric and get to the facts. On the one hand, criminal investigations will lead to the individuals responsible being brought to justice. This is key for any community.
We need to make sure that those who target minority groups are not allowed to go free, particularly in the same areas, living amongst the same groups that they killed, tortured and abused. At the same time, some people see these terrible crimes committed against minorities as a political issue, and then might refuse to label crimes a genocide or crimes against humanity for political reasons. Providing high quality evidence of the crimes committed, can minimize the politics involved and redirect people to the important issues, the safety of minority communities, justice for past crimes, and the right to return to and remain in their homes and their communities as quickly as possible.
What is human rights documentation? How is it different from the work of CIJA?
CIJA is the first, and still only, nonprofit set up to collect and analyze evidence of international crimes during conflict for prosecution. Other groups conduct what you’ve called human rights documentation. This is different in form and substance. Human rights documenters focus on collecting information and statistics on crimes committed. They then publish reports in order to raise awareness of crimes and lobby for other governments to get involved. This is noble work, unfortunately today, we see in Syria a situation where it is possibly the most heavily documented conflict in history from a human rights advocacy perspective, but this great work has not slowed the abuses committed in the country.
Another difference is that CIJA investigates up to a criminal law standard, documenting the chains of custody of materials for example so that the evidence can be used successfully at trial. This level of evidence collecting is not needed for human rights documentation. Also, we are committed to working with law enforcement. Human rights documenters do not always want to work with law enforcement, because they want to remain independent in their reporting or because they do not have consent of their sources to share information with law enforcement. This all makes sense for their work. We simply have a different focus
Who funds CIJA?
We have had a number of donors over the years. Our current donors include the United Kingdom, Canada, the European Union, Germany, Demark, the Netherlands, and Norway.
Describe your work as Director for Investigations and Operations.
There is plenty of variety in my work, and I enjoy that. I am constantly on the road meeting with our field team members, working with local law enforcement, talking to witnesses, and training others to do this type of work. Of course, I spend some days in the office behind a computer hammering out management reports, doing research, writing up notes of interviews, and managing the operational side of the organization. That includes sitting with our team leaders to work out investigative plans, addressing security issues across the different conflict zones and countries where we have people, and developing strategies for our future work. I work with a great team full of dedicated people who all work hard. It is not always the case that you get to work with a competent team that enjoys their work. I am extremely fortunate to have such a professional and passionate team at CIJA.
Describe CIJA’s collaboration with the Department of Homeland Security, FBI, and other U.S. government entities.
By design, CIJA has a strong relationship with U.S. law enforcement. CIJA’s primary goal is to assist in the prosecution of those responsible for the terrible crimes committed during conflicts. We have the advantage of being able to operate safely in conflict zones with unique skills to preserve the materials we collect in a way that they can be used at trial. This is the key to our success. We are not interested in writing reports, human rights advocacy or political discussions. Those things are, of course, important. But CIJA focuses simply and solely on collecting evidence to ensure dictators, terrorists, and their cronies who kill, torture, and rape civilians do not escape justice. Once we have done our job, the information needs to get to law enforcement so that justice can be done.
To do that, we work with any legitimate governmental agency that is investigating these types of crimes including the FBI and DHS. We are happy to work with them and believe it is our responsibility to do so. We received over 500 requests last year to assist in law enforcement investigations and the number is increasing this year. In the United States, this work has a national security element as well. If we can stop these criminals from getting into the United States, then we are all better off. By collecting evidence now, we can identify those who are responsible for these crimes and this information can assist in making sure they do not get visas and are not allowed to enter the United States. You can see how this information provides important data necessary to secure our U.S. borders against international criminals.
Have members of Congress supported the work of CIJA?
Oh yes. The best example of this is probably from congressional hearings on the issue. I have had the opportunity to appear before the Helsinki Commission and the Lantos Commission to discuss international criminal justice. Helsinki Commission Chairman Senator Wicker and Co-Chairman Congressman Smith, are both great supporters of this type of work and they fully support our justice efforts. More generally, you can see the will of Congress to support this type of work in the many resolutions, laws passed, and bills still making their way through Congress–like H.R. 390 (Iraq and Syria Genocide Emergency Relief and Accountability Act). It is clear to me that Congress supports justice for victims of these crimes and sees the value in making sure dictators and terrorists are brought to justice, giving notice to those who may consider similar paths in the future.
How is this work relevant to the national security of the United States?
It is directly relevant in many ways. For example, we have spent the last four years investigating individuals associated with Islamic State in Syria and Iraq. We have collected a great deal of evidence on fighters who had no plans to leave Syria when they arrived. Those who were completely happy to participate in the terrible crimes committed against civilians while Islamic State was winning the fight. Today, with the near totally defeat of Islamic State in Syria and Iraq, we see that many of these fighters are now trying to get back into Europe and eventually will attempt to make their way to America. The evidence we have will help ensure these individuals are not allowed to travel freely, and if they do try to do so, they will be arrested and prosecuted.
I’d say a second benefit is that our evidence shows clearly that these so-called holy warriors were in reality drug traffickers, human traffickers, rapists, slavers, thugs and criminals that simply used their power to exploit and abuse anyone they chose for any reason. I think this helps open the eyes of some vulnerable young people who might join these types of groups. Islamic State has made good use of propaganda, but the reality is very different. Demonstrating this with strong evidence is a necessary part of any effort to stop the ideology from spreading into the country. We are happy to be working on that.
It’s also important to say that governments that do not respect the rights of their own people certainly do not respect the rights of other people. It is not a coincidence that many governments which permit or even actively engage in the murder, torture, and rape of their citizens also protect, harbor, and even support people engaged in international terrorism. Regimes willing to engage in atrocities often become exporters of that terror to the United States and our allies at home and abroad. When the international community holds officials accountable for their crimes through fair trials, not only is justice served but it can also deter those who threaten peace and security from acting in the future.
What is the American legacy, past and present, on this work?
America’s leadership has promoted international justice from its earliest days. We were the engine behind the Nuremburg Tribunal and the other post-WWII prosecutions. We were a driving force for the Yugoslav and Rwanda tribunals. America has been an advocate of justice across the world and ready to stand up against dictators who were killing their people. This process is never simple; it’s often messy. But we as a people have pushed forward this sense of responsibility to protect others who cannot protect themselves. I believe that is a noble American trait that should preserved.
What is it like being an American doing this work? What do you tell people abroad about your home country and home state? Do you miss home when you are abroad?
Absolutely, I miss home when I am abroad. I think there are a lot of people working internationally who used this type of work to get out of the place they came from for whatever reason. That is not me. I love Mississippi; my family is there and so are the catfish and the crawfish. I believe in the work I do and that work takes me all over the world, but Jackson is my home. To put it more succinctly, the first house I bought was in Jackson, and I assume the last house I live in will be in Jackson as well.
That is not to say I do not enjoy my time abroad. Even after 15 years or so of working overseas, I still feel lucky to be out in the world meeting interesting people from different backgrounds, hearing their stories and sharing some of my own Mississippi stories as well. Mississippi is complex, with all its relaxed, humid goodness mixed up with its troubled history. We all know, if you don’t keep an eye on that history, it will try to catch back up with the present, and I think most Mississippians are mindful of that.
I used to be frustrated by all the preconceived notions people had about the South, but I got over that long ago. Sometimes, though, I have to remind people that I didn’t just pop out of the screen from a Hollywood movie or some anachronistic South, lacking culture and grammar, divided into two simplistic race-based groups that perpetually make bad decisions that keep them both poor and ignorant. To tell the truth, I still find it amusing and a little ironic that people who have never visited the South are okay with telling me about how bad things are in the South, but do not see any problem with stereotyping a whole region based on their limited information.
I also think that Americans are often criticized for stereotyping or profiling other countries and regions based on limited information. But that mistake is universal. Every place, every people, every country is complex. Just living in a foreign country will teach you that and the learning will be quick. That’s what makes things interesting. The complexities and differences provide us with opportunities to think differently, act differently, and appreciate new perspectives. We in Mississippi can learn from the complex challenges people in other nations have faced. But we have much to share with them as well.
More importantly, I run into tons of people who know something about Mississippi, whether it’s because of their love for blues or food, they have family or friends in Mississippi, or they’ve visited and want to talk about their next visit to the South. It’s great to talk to those people whether in Europe, the Middle East, Asia or on a plane in between. I also find plenty of people who are mystified by the South and want to know more. As you’ve probably guessed, I have plenty to say on that topic.
There is more to be done to bring communities together in the South, but this experience can be a positive. We have come a long way as a group of people, while still facing relative poverty and still building trust across communities. There is a message in this work for those that are experiencing a civil war or reeling from its immediate aftermath. It’s a long road and not everyone is on board, but our example can give hope to those who currently have little reason to believe their tomorrow will be any better than their today.
Describe growing up, going to college, and living in Mississippi.
I grew up during a sweet spot in time for a Southerner, I believe. Being born in the mid-70’s, I spent my youth without the Internet. This not only freed up a great deal of time to run around in the woods, paddle down rivers, and occasionally act like I was fishing, but it also meant I was sort of sequestered, unknowingly, from the rest of the world. I also saw a changing South, and a changing Mississippi. By the time I could remember things going on around me, the great unrest of the civil rights era had shifted to a time of Southern-paced reconciliation and while no one would say it was perfect, we were moving forward as Mississippians throughout my youth. I think that reconciliation, like justice, is not something to be completed; it is an ongoing process and must be consciously acted upon by each generation. Looking back, I think we were doing that in my youth.
I also picked up a great deal about fairness and respect for individuals from living in Mississippi. We are a people who believe in the power of the individual to change his or her place in life and that those who abuse their power should not be allowed to take advantage of folks. There is a balance in Mississippi between not getting involved in another person’s business and standing up when someone is being mistreated. I think that, as simplistic as it might sound, is the root of my drive to do this work.
Mississippi is my home. My family and friends are in Mississippi. My house is in Mississippi. I vote in Mississippi, and I am a member of the Mississippi Bar Association. I spend a lot of time in foreign countries because my work requires it. When people ask me where I am from, I am proud to tell them I’m from Mississippi. I love to tell the story of Mississippi, and when I’m home, I love to live that story.
What about your experience as an American, specifically one from Mississippi, has fueled your commitment to justice, accountability, counter-terrorism and preventing violence extremism? What have you learned as an American, from Mississippi, that formed how you see others?
I think my experiences growing up have given me some small level of insight into the desire of those I work with to reconcile and rebuild a peaceful and successful society that is better for their children. It’s not just about bringing those to justice who are responsible for these atrocities, it is also about bringing society back together, reconciling after these conflicts, and justice is an important part of that. In Bosnia for years after the war, women walked down the street and saw their rapists, men saw their torturers and young children saw those who executed their fathers and mothers. Communities cannot mend without justice. Martin Luther King Jr. said it well, “True peace is not merely the absence of tension: it is the presence of justice.” I like to think my work helps to ensure that justice is present for dictators and war criminals wherever they might be.
Yes, some would consider investigating atrocities in Syria and Iraq a dangerous job, and sometimes it might even seem futile given the fact the conflict has lasted so long, but I believe the time will come when the world will try those responsible, and when that time comes CIJA’s work will ensure that the proper evidence is ready and available. In the meantime, we are constantly working with law enforcement agencies around the world to arrest and prosecute those who leave Syria and Iraq and are found in countries willing to bring them to justice.
What are the most satisfying aspects of your job?
I hate that there is a need for my job, but I love doing it. One of the most satisfying parts of my job is to see criminals who thought they were going to get away with torturing and killing their own people, their neighbors, and former classmates, arrested and prosecuted for their terrible acts. But it’s not just about bringing those powerful criminals to justice, it is also about bringing society back together and reconciling after these conflicts. Ensuring those who were most responsible are taken out of the mix and are serving out criminal sentences for their crimes is key to making sure the rest of the society can move forward. I don’t believe we can solve all the problems in the world, but I want to do a good job at this small piece of it. If I can do that, then I feel like all the time and energy is worth it.