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Bipartisan reps introduce bill to designate Russia’s Wagner Group as foreign terroristsWednesday, January 25, 2023
A bipartisan group of House lawmakers introduced legislation on Wednesday to designate Russian mercenary company Wagner Group as a foreign terrorist organization (FTO). The Holding Accountable Russian Mercenaries (HARM) Act, sponsored by nine members of the lower chamber, would require the State Department to designate the Wagner Group an FTO within 90 days of becoming law. The lawmakers cited the paramilitary company’s history of human rights violations in Africa and ongoing deployment of private soldiers in Ukraine to fight with Russia, adding that the Wagner Group has received weapons from North Korea, a U.S.-designated state sponsor of terrorism. “Where the Wagner Group operates, atrocities follow,” said Rep. Steve Cohen (D-Tenn.) in a statement. “The HARM Act will identify Putin’s private mercenary group as a Foreign Terrorist Organization and let the world know that its activities are both malign and illegal.” The Biden administration designated the Wagner Group as a transnational criminal organization last week and announced countries and entities supporting it would run afoul of the U.S. government. But an FTO designation would authorize the U.S. to slap criminal penalties on entities supporting Wagner Group, according to the lawmakers sponsoring the HARM Act. Rep. Joe Wilson (R-S.C.) said in a statement the Biden administration’s designation “does not go far enough” against Wagner, adding it should use the FTO label to “expose them in their true state as a murderous, criminal enterprise.” “The Wagner Group has been engaging in nefarious atrocities around the globe, all at the behest of war criminal Putin and his cronies,” Wilson said. Legislation to designate the Wagner Group an FTO was also introduced last year in both the House and Senate. There was a standoff between the Biden administration and some U.S. lawmakers last year over designating Russia as a state sponsor of terrorism. The administration said the designation, which comes with a raft of restrictions and penalties, could do more harm than good for Ukraine. Yevgeny Prigozhin, a close ally of Russian President Vladimir Putin, formed the Wagner Group in 2014. The mercenary outfit has since meddled in conflicts across the world, from Africa to Syria and now Ukraine, where Wagner forces are fighting alongside Russian soldiers in the eastern Donetsk region. DOJ disrupts global ransomware gangTop FDA safety official resigns In November, the European Parliament passed a resolution urging the European Council to adopt a measure that would place Wagner Group on an EU terrorist list. Rep. Ruben Gallego (D-Ariz.), who is vying for a Senate seat in 2024, also sponsored the HARM Act and called for “rebuking mercenary terrorist organizations like the Wagner Group.” “While Ukrainians stand up for freedom and democracy, the Wagner Group stands with authoritarian regimes like Russia,” Gallego said in a statement. “Declaring them a Foreign Terrorist Organization is a commonsense step to hold them accountable for their atrocities in Ukraine and across the globe.”
Helsinki Commissioners Announce Re-Introduction of HARM ActWednesday, January 25, 2023
Today, Helsinki Commissioners Steve Cohen, Joe Wilson, Marc Veasey, Richard Hudson, Ruben Gallego and Brian Fitzpatrick along with Representatives Ted Lieu, Maria Salazar and Marcy Kaptur, re-introduced the Holding Accountable Russian Mercenaries (HARM) Act in the House of Representatives, bipartisan legislation that would require the Secretary of State to designate the Russian-based mercenary Wagner Group as a foreign terrorist organization (FTO). The Commission applauds this vital piece of legislation to hold Wagner accountable for the terror it inflicts in Ukraine and elsewhere. For more information click here. The HARM Act was first introduced in the last Congress by Helsinki Commission Chair Sen. Ben Cardin (MD) and Ranking Member Roger Wicker (MI), along with companion legislation in the House of Representatives led by Reps. Steve Cohen and Joe Wilson, Richard Hudson, and Marc Veasey.
Helsinki Commissioners Announce Re-introduction of Combatting Global Corruption ActTuesday, January 24, 2023
On Tuesday, Helsinki Commissioners Rep. Steve Cohen, Rep. Joe Wilson, and Senator Ben Cardin re-introduced the Combatting Global Corruption Act in both the House and Senate, along with Rep. Bill Keating, Rep. Maria Elvira Salazar and Senator Todd Young. This bipartisan, bicameral legislation formally designates global corruption as a key U.S. national security policy. It would require the State Department to identify corruption in countries around the world and publicly rank their levels of corruption in a three-tiered system. For more information click here. The Combatting Global Corruption Act was first introduced in the 117th Congress. Commission Chairman Senator Ben Cardin and Senator Todd Young introduced the Act in the Senate, along with companion legislation in the House of Representatives, led by Rep. Tom Malinowski and Rep. Maria Elvira Salazar. Helsinki Commission Co-Chairman Rep. Steve Cohen, Commissioner Rep. Emmanuel Cleaver, Rep. Dan Crenshaw and Rep. Dean Phillips are original co-sponsors of the legislation.
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The Crisis in Nagorno-Karabakh Highlights Russia’s Waning Global InfluenceWednesday, January 18, 2023
Mariam Abrahamyan is a hard woman to get in touch with. She appears on the screen for just a few moments before the picture freezes and she drops off the video call. “Sorry,” she says after phoning back a minute later, “our power went out again and the internet went down.” For more than a month now, the 30-year-old Armenian mother of three has been cut off from the rest of the world by a near-total blockade on the only road in or out of Nagorno-Karabakh—a disputed territory nestled between Armenia and Azerbaijan—that she and her family call home. Regular supplies of food and medicine have been stopped by Azerbaijan, and locals say supermarket shelves are empty and pharmacies are running out of essential prescriptions, while officials warn a famine could now be on the cards. “We didn’t think it would last this long,” Abrahamyan says. “But what’s really frightening is not knowing when it will end. We made the decision to stay here, and I dread the day one of my children might turn around and ask why we chose to live in a place like this.” Nagorno-Karabakh has already seen two wars within Abrahamyan’s lifetime. In the 1990s, as the Soviet Union unraveled, erstwhile members Armenia and Azerbaijan fought a series of fierce battles over the mountainous region, with hundreds of thousands of ethnic Azeris displaced from the region, and thousands killed on both sides. Nagorno-Karabakh is located inside Azerbaijan’s internationally-recognized borders, but locked behind a line of landmines and defensive positions, and for three decades it was accessible only from Armenia. Governed as the unrecognized Republic of Artsakh, its officials point to two referendums held in 1991 and 2006 as proof that those living there have chosen independence. But in 2020, Azerbaijani troops launched an offensive to retake Nagorno-Karabakh, conquering swathes of territory and leaving Karabakh Armenians in control of just their de facto capital, Stepanakert, and the surrounding area. Only a Moscow-brokered ceasefire ended the war, putting the sole highway linking Nagorno-Karabakh to Armenia—known as the Lachin Corridor—under the control of a 1,500-strong Russian peacekeeping contingent, with Azerbaijani troops stationed behind the wire fence on both sides of the road. Yet with Russia bogged down in Ukraine, there are fears the battle-scarred Nagorno-Karabakh could see conflict once again as Moscow fails to step in. Road to nowhere On the morning of Dec. 12, a group of self-described Azerbaijani eco-protesters pushed past the Russian peacekeepers and set up camp on the Lachin Corridor, stopping traffic. They allege Karabakh-Armenians have been using the road to export illegally-mined gold at the expense of the environment, while importing landmines and other military hardware as the Russians watch on. Now, officials say the Russian peacekeeping convoys and a smattering of Red Cross relief vehicles are the only ones that are able to pass—nowhere near enough to replace the 400 tons of goods that used to arrive daily from Armenia. “We don’t see much of the Russians,” Adnan Huseyn, one of the Azerbaijani organizers of the sit-in says. “During the first few days, we had eye-to-eye contact with the peacekeepers, but there were no problems. We watched the World Cup together, which was actually nice. Most of the time they kept quiet.” While Huseyn’s group insists it is moving aside for humanitarian convoys and denies it is staging a blockade, Armenia alleges they were sent by Azerbaijan in order to spark a crisis and lay the ground for “ethnic cleansing” of the region. Azerbaijani President Ilham Aliyev, whose government has repeatedly cracked down on political protests at home, has described the demonstrators as the pride of the nation, while observers have been quick to point out few have any prior record of environmental activism. Tom de Waal, a senior fellow at Carnegie Europe and author of several books on the conflict, has argued that the protesters had “evidently been sent there by the government in Baku,” and Western nations including the U.S. have called on Azerbaijan to unblock the road. Now, anger is building as the humanitarian situation grows dire and Russia appears reluctant to force a reopening of the road. “Armenia is a firm supporter of the Russian peacekeepers,” the country’s Prime Minister Nikol Pashinyan said in December, as it became clear the protesters were there to stay. “But it is unacceptable for us that they are becoming a silent witness to the depopulation of Nagorno-Karabakh.” Broken promises In Stepanakert, propaganda posters of the Russian peacekeepers hang in shop windows, looking out over the rows of empty shelves. “Karabakh, live in peace,” one reads. For many ethnic Armenians in the breakaway region, Russian is a native language on par with Armenian, and Moscow has long been seen as a close ally. But since the 2020 war, many locals say their existence feels more precarious than ever and that Azerbaijan is intent on asserting control over their unrecognized state. In a poll published by the Caucasus Research Resource Center in January, fewer than half of 400 Karabakh-Armenian respondents said independence would help settle the conflict in the disputed territory. Almost one in four said they would prefer to be annexed by Moscow and given special status as part of the Russian Federation—slightly more than the number that back unification with Armenia. “I’m not political,” says Abrahamyan. “I only know that the Russians have a duty to protect us, and they’re not doing that.” On Dec. 24, a delegation of Karabakh-Armenians marched to the peacekeepers’ checkpoint on the Lachin Corridor, where the Azerbaijanis have been staging their sit-in, to demand the road be reopened. “The Russian officer there told us to go home and not to worry,” says Marut Vanyan, a 39-year-old blogger from Stepanakert who joined the group. “He told us the road would be reopened within two days, like it was before. That never happened.” According to Vanyan, one of the protest organizers told the peacekeepers that locals were losing trust in them and, if the worst comes to the worst, they would take their families and leave—with Moscow losing its foothold in the region. Three days later, dozens of men, women, and children walked to the gates of the peacekeeping headquarters to demand answers. “Putin, keep your word,” read one sign carried by a young boy. Guards told the crowd that they were unable to get hold of their commander, Major General Andrey Volkov, and he was the only one who could answer their questions. Many Karabakh-Armenians now fear a protracted blockade or another Azerbaijani military offensive could see them forced to flee their homes for good. Man from Moscow? Azerbaijan has long accused Armenia of being a Russian puppet state, pointing to Yerevan’s membership of the Moscow-led Collective Security Treaty Organization and the close economic ties between the two countries. At the same time, just two days before Moscow’s Feb. 24 invasion of Ukraine, Aliyev himself traveled to meet with President Vladimir Putin and sign a deal upgrading their relations to alliance level. But the standoff between the two sides has only worsened in recent weeks after an enigmatic Russian-Armenian oligarch, Ruben Vardanyan, announced he was moving to Nagorno-Karabakh in September. The Yerevan-born billionaire was initially coy about seeking political office but, two months later, was suddenly appointed State Minister of the unrecognized Republic of Artsakh, making him effectively the most powerful man in Stepanakert overnight. Since then, talks with Azerbaijan have broken down, with Aliyev accusing Vardanyan of having been “sent from Moscow with a very clear agenda.” Officials in Baku point to the fact that he has been sanctioned by Ukraine as proof of his close ties to the Russian state. Kyiv says his business interests “undermine or threaten the territorial integrity, sovereignty, and independence of Ukraine.” Speaking via video link from his office in the blockaded region, Vardanyan rejects those charges. “People don’t understand when someone like me decides to give up his family and his lifestyle,” he says with a half-smile. “I decided it is the right time to be with my people and [the Armenian] nation.” The 54-year-old banking magnate is careful to avoid directly criticizing the role of Russian peacekeepers in Nagorno-Karabakh, but firmly denies Moscow has any undue influence over the region. “I can’t just pick up the phone and call Vladimir Putin,” he laughs, “the peacekeepers are only 2,000 people standing between the Armenian population and the sizable Azerbaijani army. It’s tough, and it’s clear Russia’s attention isn’t here—it’s in the West, given Ukraine.” Crisis in the Kremlin “For Putin, conquering Ukraine has become an all-encompassing issue and there’s little interest at the top for anything else,” says Jade McGlynn, a researcher at the Department of War Studies at King’s College London. “Moscow’s quest to increase its influence has left it a diminished and less formidable power in the South Caucasus. Putin may not see that, but the Foreign Ministry does—it’s just being sidelined. Junior diplomats are in despair.” While Karabakh-Armenians fear their calls for help are falling on deaf ears, others are questioning whether Moscow was ever a reliable security guarantor in the first place. “Russia is exploiting the conflict to further its own interests. Ultimately, its strategy is about maintaining an imperial grip on the region,” says Michael Cecire, a senior policy advisor at the Commission on Security and Cooperation in Europe, a U.S. government agency. From Yerevan, Pashinyan is now calling on the international community as a whole to step up and put an end to the humanitarian crisis in Nagorno-Karabakh, arguing a U.N. peacekeeping mission should take over if the Russians cannot fulfill their commitments. The U.S., along with the U.K. and a number of European nations, have expressed concern over the situation, while France has emerged as a leading ally for Armenia, tabling an unsuccessful motion condemning Baku at the U.N. Security Council. On Tuesday, RFERL reported that the E.U. has now agreed to send a monitoring mission to Armenia for as long as two years, in a sign that Brussels is concerned about the prospect of new clashes along the internationally-recognized border between Armenia and Azerbaijan. While the civilian team will not enter Nagorno-Karabakh, the move has been interpreted as a sign that the West is stepping up to fill the power vacuum left by Russia. But Elin Suleymanov, Azerbaijan’s ambassador to Britain, says that no outside power will be able to impose a solution to the standoff over the region. “Armenia’s problem is structural dependency—and now they’re looking to the West and hoping France will be their big daddy.” For Vardanyan, confined to the blockaded region he moved to just months ago, the outside world feels a very long way away, and he warns the Karabakh-Armenians can’t expect to depend on anyone but themselves. “It’s like a Russian fairytale—there’s a hero standing in front of a crossroads,” he says. “One way, you lose your independence, another, you lose your home. The third way is to fight. We don’t want war, but of these three options we have to make a choice, even if it is dangerous and you can lose your life. We need to be ready for this.”
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Standing with Russia, or staying silent, protects genocideTuesday, December 20, 2022
This month, in a unanimous vote, the Senate Foreign Relations Committee passed Senate Resolution 713, which correctly identifies and designates Russian atrocities in Ukraine as genocide. Led by Ranking Member Sen. Jim Risch (R-Idaho) and Helsinki Commission Chairman Sen. Ben Cardin (D-Md.), the resolution looks poised to pass the Senate, sending a clear message to the world where the United States stands during this moment of supreme moral urgency. This resolution, and its companion in the House, brings clarity and attention to Russia’s genocide in Ukraine. Every day seems to bring fresh, compounding evidence of Russia’s genocidal intent and patterns of action — mass graves and torture chambers that seem to pockmark every liberated territory; homes, schools, hospitals and kindergartens repeatedly and deliberately targeted by Russian firepower; civilians, including children and infants, kidnapped and herded into Russian so-called “filtration” concentration camps, where they are sorted for either Russification or the gulag or worse; and flagrant attacks against refugee and humanitarian convoys. If you care to look, these images repeat themselves throughout Ukraine, and it is as safe a bet as any that newly liberated areas will bear the blistering scars of this genocide. Sure enough, mass graves and torture chambers have been identified in recently liberated Mykolaiv and Kherson, including an archipelago of torture sites specifically for children. This is the apogee of depravity. The physical evidence is shocking enough, but the Russian government’s very public embrace of a campaign of terror and genocide is incredible to behold. The summer before the invasion, Russian dictator Vladimir Putin penned, by his own hand, a 7,000-word ahistorical screed denying the existence of Ukraine as a state and a nation, highlighting his eliminationist agenda for all the world to see. And even since then, Russian government figures at every level have repeated this noxious and ridiculous denial of Ukrainian nationality, deliberately dehumanizing and mass violence-encouraging rhetoric about “denazification,” and outright, even gleeful, calls for mass killing and destruction. The official state mouthpiece, RIA Novosti, even published in April a detailed plan laying out the intended destruction of the Ukrainian nation. What is striking about this genocide is perhaps the clarity and openness by which it has been prosecuted. And the pattern of action is startlingly predictable; not just in Ukraine, but also in Russia’s past colonial wars in Syria, Georgia and Chechnya, where ethnic cleansing, deliberate and widespread targeting of civilians, torture and rape were employed widely and purposefully as rote tools of Russian warfare. So, what can we do about it? For one, we can and should give Ukraine every tool that it needs to win its war against Russia’s genocidal war of imperial conquest. The faster Russia loses — and lose it must — the faster its genocidal program is halted. But also crucially, Congress, the U.S. government, and the world must be willing to call this genocide for what it is. In June, our co-chairman, Rep. Steve Cohen (D-Tenn.), and Ranking Member Rep. Joe Wilson (R-S.C.) introduced House Resolution 1205, which later would be introduced in the Senate as S. Res.713. Both resolutions draw on the definition of genocide in the 1948 United Nations Convention on the Prevention and Punishment of Genocide, to which the U.S. and Russia are both parties and which is codified in U.S. law. The bill text illustrates how, as is well documented, Russia’s actions in Ukraine exhibits both genocidal intent and pattern of action along all of the Convention’s five acts in Article 2: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; and (e) Forcibly transferring children of the group to another group. Only one must be in evidence for genocide to exist. But what can a nonbinding resolution do? In this case, speaking out is more than some mere symbol. Ukraine’s war for its homeland is being won not because of Ukrainian material superiority, but because of the justness of its cause and the morale of its people. For the United States to officially recognize the extent of Russia’s horrors is tremendously meaningful to Ukraine and Ukrainians who still, despite their victories, endure the unendurable. Around the world, such a designation also demonstrates that we do not tolerate such heinous crimes. Calling out Russia’s genocide demonstrates the gravity of the stakes not only for Ukraine and Europe, but for global peace and stability. It can marshal further support for Kyiv, help sap Moscow’s fraying relationships, and further isolate this repugnant, totalitarian regime in the Kremlin. If you stand with Russia, or stand silent, you protect genocide. And here at home, these bipartisan, bicameral resolutions can help signal to the American people the true stakes in Ukraine. That Europe’s security, and the principles that undergird it, is a bulwark for freedom around the world and under great threat by a regime that purposefully and unflinchingly engages in genocide for its own imperial, corrupt ends. It is important to emphasize, too, that the 1948 Genocide Convention is about not only punishing genocide, but preventing it, and if we are to be true to our collective commitment to “never again,” we must act now. Of course, the ongoing legal investigations remain important and authoritative. But in the interest of prevention, a political declaration and congressional action is not only justifiable but essential. Congress, particularly Reps. Cohen and Wilson in the House, and Sens. Risch and Cardin in the Senate, should be applauded for their leadership. And the Senate, particularly Foreign Relations Committee Chairman Bob Menendez (D-N.J.), should be credited for bringing this resolution to fruition. Hopefully the House will do the same, in this Congress or the next, inspire the whole world to speak out as well — just as we were inspired by similar legislative actions in Ukraine, Poland, the Baltic states, the Czech Republic, Canada and Ireland. Michael Hikari Cecire is a senior policy adviser at the U.S. Helsinki Commission. Follow him on Twitter @mhikaric. https://thehill.com/opinion/national-security/3780873-standing-with-russia-or-staying-silent-protects-genocide/
Saving Ukraine's ChildrenWednesday, December 14, 2022
Ukraine’s children are suffering serious injury and trauma due to Russia’s genocidal war on Ukraine. Almost two-thirds of the country’s children have been displaced. Thousands have been injured and, although UNICEF has said more than 1,000 children have been killed, that number is likely much higher as there is no reliable way to verify how many civilians have been killed in the most decimated areas of Ukraine, like Mariupol, where, for example, Russian forces bombed a theater housing hundreds of civilians despite clear markings that children were present. And in addition to its immediate danger, the effects of war on children could have lasting consequences. Many Ukrainian children have witnessed unimaginable violence, including the murders of their own parents or family members. They have had to endure the stress of almost constant bombardment, in fear for their safety. Others have experienced hunger, cold, and weeks spent hiding in wet, frigid basements without daylight or fresh air and without sanitation or healthcare. Disruptions to education may never be fully recovered. Ukrainian children are also being forcibly taken to Russia and put up for adoption into Russian families in an apparent effort to assimilate them, a practice that genocide scholar Timothy Snyder has said could be considered genocide under the 1948 Genocide Convention. The U.S. State Department has said Russian authorities have deliberately separated Ukrainian children from their parents during so-called “filtration” procedures and abducted others from orphanages before putting them up for adoption inside Russia and estimated that the number may be as high as 260,000. Unaccompanied minors are also vulnerable to falling prey to human trafficking.
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Congress Wants to Boot Russia From U.N. Security CouncilWednesday, December 14, 2022
Two U.S. lawmakers heading up an independent U.S. government human rights watchdog have introduced a resolution that calls on President Joe Biden to boot Russia from the United Nations Security Council, just days before the Kremlin’s flagging full-scale invasion of Ukraine is set to hit its 10-month mark. The bipartisan Helsinki Commission, which called on U.S. Secretary of State Antony Blinken to protest Russia’s standing as a permanent Security Council member in October, wants Congress to argue that Russia’s war has violated the “purposes and principles of the United Nations” and asks U.S. government agencies to take steps to limit Russia’s privileges at the U.N., though it gives the administration some free rein to determine how it might act. In the congressional resolution shared with Foreign Policy, Reps. Steve Cohen and Joe Wilson said that Russia had committed “flagrant violations” of the U.N. Charter that call into question its right to hold a Security Council seat, including the illegal annexation vote in four Ukrainian oblasts, the perpetration of atrocities in Ukrainian cities such as Bucha, nuclear saber-rattling, and creating risks to the world’s food supply. Ukraine has also advocated for Russia to be removed from the council, though experts remain skeptical that such efforts will work. The U.N.’s governing charter doesn’t contain any provisions for removing a permanent member of the Security Council. While countries can be removed from the United Nations altogether, doing so would require a two-thirds majority vote in the General Assembly, including the consent of the council itself. “Russia would have to agree to it, and it’s just not going to happen,” said Louis Charbonneau, U.N. director with Human Rights Watch. China is also unlikely to agree to such a precedent. Though House resolutions are not binding law, the move solidifies thinking both on Capitol Hill and within the Biden administration about how to curb Russian influence in Turtle Bay. The resolution pushes forward a previous effort from the Helsinki Commission—which was created in 1975 as part of a U.S. law that solidified the brief detente between the United States and the Soviet Union—calling on the State Department to initiate a process to strip Russia’s seat on the top U.N. body. One idea, backed by the commission as well as some legal scholars, seeks to challenge Russia’s status as the heir of the Soviet Union’s seat at the Security Council. As one of the initial signatories of the treaty that founded the Soviet Union, alongside Russia and Belarus, Kyiv could make a convincing claim to be the only successor state of the Soviet Union not to have flagrantly violated the principles of the U.N. Charter and issue credentials for one of its own diplomats to take the seat. As deciding on credentials is a procedural matter, it would only require nine of the 15 members of the council to vote in support of Ukraine, Thomas Grant, a senior research fellow at the University of Cambridge, has noted. The feasibility of such a plan remains a subject of debate. And three decades after Russia took over the Soviet Union’s seat, challenging such precedent could also prove to be an uphill battle. “You’re looking at three decades of recognition of Russia in this place,” Charbonneau said. But Russia’s long-standing intransigence, along with the full-scale invasion of Ukraine, has gotten both the United States and Ukraine to begin thinking about alternatives to diminish Moscow’s influence. Speaking at the U.N. General Assembly in September, Biden called for reforms of the Security Council, including the possibility of adding more permanent and nonpermanent members, such as for countries in Africa, Latin America, and the Caribbean. The United States also succeeded on Wednesday in ousting Iran from a United Nations panel on women’s rights.
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Ukrainian official rips Russia for ‘kidnapping’ more than 13,000 childrenWednesday, December 14, 2022
A Ukrainian official slammed Russia for “kidnapping” more than 13,000 Ukrainian children amid its invasion of the country “under the guise of an alleged evacuation,” during a hearing held by the U.S. Helsinki Commission on Wednesday. Nikolay Kuleba, the commissioner for children’s rights in the Ukrainian president’s office and co-founder of the Alliance for Ukraine Without Orphans, said Russia has deported 13,124 children during the war, citing a government portal. He also noted that Russian state media had reported a “horrifying number of 712,000 deported Ukranian children.” “The occupiers are kidnapping Ukrainian children to the Russian Federation,” he told lawmakers, accusing Russia of facilitating the deportations by simplifying their adoption process and bribing Russian citizens to adopt displaced Ukrainian children. “To encourage ordinary Russian to adopt forcibly removed children they offer a one-time payment of maternity capital and state aide,” Kuleba said, adding adoptive parents were paid $300 per year for each child, and about $2,000 a year for children with disabilities. He also noted the Ukrainian children were not being deported into border territories but to areas of Russia further away from the border. “The Russian authorities made a conscious decision to resettle deported children into the territories thousands of kilometers away from Ukraine,” he said. Kuleba also claimed that Russian adopters were allowed to change an adopted Ukrainian child’s name and date of birth. “This means that it will be very difficult for us to personally find and identify our children in the future,” he said. Kuleba said that there were several reasons Russia was stealing Ukrainian children, including making up for the demographic losses caused by Russian casualties in the invasion. He also said the Kremlin was pushing propaganda that Russians are saving the children from Ukrainian Nazis. James Gordon, founder of The Center for Mind-Body Medicine, told the commission that roughly 60 percent of Ukrainian children had been displaced from their homes since the conflict with Russia began, and that these children were highly distressed. “Every child in Ukraine and all Ukrainian children who have left, are experiencing some level of distress,” Gordon said. In addition to kidnapping, Kuleba said he had recently received reports from the Ukrainian Parliament’s Commissioner for Human Rights that Russians were torturing Ukranian children, “and have even set up separate torture chambers for this.” The Hill reached out to the Russian Embassy for a response to Kuleba’s claims.
No Safe Haven: Launching the US-Europe Coalition on Russia SanctionsTuesday, December 13, 2022
Since February 24, 2022, Western countries have imposed sanctions against Russian officials, businessmen, and public figures who support Russian aggression against Ukraine by financial or political means. Personal sanctions have been effective in creating tension between Putin’s proponents and continuing to help Ukraine fight for its independence. The biggest issue of personal sanctions policy is desynchronization among the countries imposing them. For example, when the United States enacts sanctions against politicians, public officials, and businessmen who support Russia’s war, the European Union and the United Kingdom do not. A similar dysfunction occurs when the European Union and Great Britain enforce sanctions on individuals without equal participation from the United States. The unity of the West in imposing sanctions on those driving Russia’s brutal invasion of Ukraine is essential for Ukrainian victory. This public briefing united seven legislators from the United States, Ukraine, United Kingdom, Lithuania, Estonia, and Poland. The panelists will announce the creation of the US-Europe Coalition on Russia Sanctions, which will synchronize the sanctions policy between the European Union, Ukraine, and the USA.
Helsinki Commission Announces Briefing on US-Europe Coalition for Russia SanctionsMonday, December 12, 2022
WASHINGTON—At a virtual kickoff event on December 13, Co-Chairman Cohen and Ranking Member Wilson launched the US-Europe Coalition on Russia Sanctions. NO SAFE HAVEN Launching the US-Europe Coalition on Russia Sanctions Tuesday, December 13, 2022 8:30 a.m. EST Since February 24, 2022, Western countries have imposed sanctions against Russian officials, businessmen, and public figures who support Russian aggression against Ukraine by financial or political means. Personal sanctions have been effective in creating tension between Putin’s proponents and continuing to help Ukraine fight for its independence. The biggest issue of personal sanctions policy is desynchronization among the countries imposing them. For example, when the United States enacts sanctions against politicians, public officials, and businessmen who support Russia’s war, the European Union and the United Kingdom do not. A similar dysfunction occurs when the European Union and Great Britain enforce sanctions on individuals without equal participation from the United States. The unity of the West in imposing sanctions on those driving Russia’s brutal invasion of Ukraine is essential for Ukrainian victory. This public briefing will unite seven legislators from the United States, Ukraine, United Kingdom, Lithuania, Estonia, and Poland. The panelists will announce the creation of the US-Europe Coalition on Russia Sanctions, which will synchronize the sanctions policy between the European Union, Ukraine, and the USA. The following panelists are scheduled to participate: Representative Steve Cohen — Member of Congress, Co-Chairman of the Commission on Security and Cooperation in Europe, United States Ranking Member Rep. Joe Wilson — Member of Congress, Commissioner of the Commission on Security and Cooperation in Europe, United States Member of Parliament Oleksii Goncharenko — Chairman of the Ukrainian parliament caucuses "For free Caucasus" and "For democratic Belarus", Ukraine Member of Parliament Dr. Robert Seely, MBE — British Conservative Party politician who has served as the Member of Parliament (MP) for the Isle of Wight since June 2017. Member of Parliament Eerik Kross — head of the Estonian delegation in PACE, Estonia Member of the EU Parliament Petras Austrevicius — serves on the Committee on Foreign Affairs, Lithuania Member of the Sejm Arkadius Mularczyk — Secretary of State for European Affairs, Leader of the Polish delegation to the Council of Europe, Poland
OSCE’s 2022 Ministerial Council in Lodz: Russia Isolated as States Demand Accountability and Reaffirm CommitmentsFriday, December 09, 2022
By Janice Helwig, Senior Policy Advisor, Demitra Pappas, Senior Advisor Department of State, Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to OSCE Foreign Ministers and senior officials from the 57 participating States and 11 Asian and Mediterranean partners of the Organization for Security and Cooperation in Europe (OSCE) convened the OSCE Ministerial Council in Lodz, Poland on December 1-2. While the OSCE Ministerial is held annually, this year’s meeting was atypical, due to its taking place amid the greatest crisis in European security since World War II, namely Russia’s full-scale invasion of Ukraine. States Accuse Russia and Belarus of Violating Principles, Stand with Ukraine Polish-Chairman-in-Office, Foreign Minister Zbigniew Rau in his opening remarks pointedly blamed Russia for destroying the security order and attempting to undermine the Organization. Russia’s full-scale invasion of Ukraine in February, abetted by Belarus, violated each of the politico-military, democratic, human rights, and economic and environmental commitments enshrined in the 1975 Helsinki Final Act, an agreement that underpinned European security for nearly 50 years. Most fundamentally, the Lodz Ministerial underscored participating States’ desire to return to the founding principles of the OSCE - the Helsinki Final Act – and to call out Russia’s violation of each. Participating State after participating State took the floor to reaffirm their OSCE commitments and to call Russia to account. Russia was entirely isolated, with only Belarus attempting, pathetically, to deflect blame on others for “corroding” the spirit of Helsinki. At each instance, participating States overwhelmingly reaffirmed their support for OSCE principles and denounced Russia’s war of aggression on Ukraine, declared solidarity with Ukraine, and demanded accountability for war crimes, the crime of aggression, and violations of international humanitarian law. Participating States also voiced strong support for the work of the OSCE’s autonomous institutions, including the Office for Democratic Institutions and Human Rights and the Representative of the Freedom of the Media in particular, whose mandates and funding are often in Russia’s crosshairs. Many participating States also noted the importance of the three “Moscow Mechanism” reports issued this past year to document Russia’s violations of international humanitarian law in Ukraine and its repression of human rights at home. A joint statement delivered by Finland on behalf of 42 other participating States condemned Russia’s atrocities in Ukraine and called for perpetrators to be held accountable. OSCE Parliamentary Assembly President Margareta Cederfelt advocated establishing a high-level body to assess reparations from Russia. Two other aspects of the Ministerial were unique. Absent were the annual negotiations among participating States on decisions designed to enhance existing commitments on cooperative security, which the Polish Chair assessed as unfeasible due to Russian intransigence. Also absent was Russian Foreign Minister Lavrov, against whom Poland took a principled stand to exclude from attending. OSCE Continued Work in 2022, Despite Russia’s Objections States also used their interventions to welcome OSCE’s development of new approaches in 2022 with regard to sustaining its human rights work and presence in Ukraine to overcome Russia’s attempts to undermine the Organization. In the years leading up to the Ministerial, Russia had increased its abuse of OSCE’s consensus-decision making to block the Organization’s budget, to close OSCE’s three field missions in Ukraine, and to prevent the convening of OSCE’s signature, annual human rights conference, the Human Dimension Implementation Meeting (HDIM). Yet despite its concerted efforts, Russia failed to block OSCE’s human rights work or eradicate its work in Ukraine. “On the contrary,” as U.S. delegation head, Undersecretary of State Victoria Nuland observed in Lodz, the OSCE “has said no to Moscow’s efforts to divide it, to paralyze it, to destroy it.” Nuland added, the Organization has emerged “even stronger, more flexible, more resilient” under Poland’s stewardship and that of Secretary General Helga Maria Schmid. After Russia blocked the HDIM, the Polish Chairmanship convened the Warsaw Human Dimension Conference (WHDC) in September, conducting a full review of human rights commitments with the participation of more than one thousand governmental and civil society representatives in attendance. In November, the Secretariat stood up a donor-funded “Support Programme Ukraine” which reestablished an OSCE presence in the country. These are examples of how the OSCE has continued to promote Helsinki principles and deliver programming in spite of Russia’s attempts to undermine it. Side Events, Civil Society Parallel Conference Seek to Close Russia’s “Accountability Gap” A range of side events amplified concerns of participating States and civil society regarding the terrible human toll of Russia’s war and the need for accountability. The first side event explored the increased risk of human trafficking among Ukrainian citizens fleeing the conflict and the illegal abduction and forced adoption of Ukrainian children in Russia. The establishment of a Group of Friends on Children in Armed Conflict was also announced. A side event moderated by Ukrainian Foreign Minister Dmytro Kuleba outlined various means to hold Russia accountable for atrocities committed in Ukraine, including providing support to the Ukrainian Prosecutor General’s Office and to the International Criminal Court through the collection evidence of crimes and aiding in investigations. Minister Kuleba strongly advocated for the establishment of a Special Tribunal to prosecute Russia’s crime of aggression and received broad support. An event featuring Belarusian opposition leader, Sviatlana Tsikhanouskaya and other activists drew renewed attention to the plight of thousands of political prisoners in Belarus and called for the invocation of another Moscow Mechanism report to document ongoing human rights violations by the government of Belarus. Civic Solidarity Platform (CSP), a regional association of human rights civil society organizations, hosted its annual Parallel Civil Society Conference on November 30 which likewise called on participating States to ensure accountability for perpetrators of war crimes and other atrocities in Ukraine. In response to CSP’s long-standing call for closer collaboration between the OSCE and civil society, North Macedonia, which assumes the Chairmanship of OSCE in 2023, committed to appoint a Special Representative on Civil Society Organizations. Looking Ahead to 2023: North Macedonia Despite Russia’s isolation, its war against Ukraine continues even as Poland plans to pass the leadership of the Organization to North Macedonia as of January 1, 2023. As the incoming Chairman-in-Office, Foreign Minister Bujar Osmani pledged that North Macedonia’s tenure “will be guided by strict observance of OSCE principles and commitments.” He further stressed the cooperative nature of regional security, noting, “Safeguarding OSCE values and respect for international law must be a shared priority. This is of utmost importance. Rebuilding trust and engaging in meaningful dialogue presupposes full compliance with the agreed OSCE commitments and principles. We all have to be accountable for our actions. This is the formula for the way forward.”
Helsinki Commission Announces Hearing on Crowdsourcing Victory for UkraineWednesday, December 07, 2022
WATCH LIVE CROWDSOURCING VICTORY Inside the Civil Society Campaign to Improve the Lethality and Survivability of the Ukrainian Military Wednesday, December 7, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 A unique aspect of Ukraine’s decentralized defense has been the rise of civil society organizations marshalling grassroots support for the Ukrainian war effort and humanitarian response. Unlike the USO or care packages Americans send our overseas troops, NGOs are effectively serving as the quartermaster for Ukraine’s troops, supplying tactical gear such as commercial drones, night and thermal vision optics, encrypted radios, and body armor. In many cases, these organizations have supplied this war-winning gear in greater volumes than Ukraine’s government itself, freeing agencies like the Ministry of Defense to focus on securing advanced weapons systems from Western suppliers. These civil society organizations exemplify the total mobilization of Ukrainian society at levels that have only been seen in the West during the Second World War. The hearing will examine logistical and regulatory challenges that often stymie efforts to surge needed gear to the front and will identify policy options for Washington and Brussels to declutter and harmonize an export framework that was never intended for a massive land war in Europe. It will also seek to answer the question of why frontline units with advanced Western weaponry still lack battlefield essentials such as combat optics, secure communications, and vehicles needed to transport casualties from the red zone to hospitals in the rear. The following witnesses are scheduled to testify: Dora Chomiak, President of U.S.-based NGO Razom for Ukraine Taras Chmut, Director of the Ukraine-based foundation Come Back Alive Serhiy Prytula, Founder and Chairman of the Ukraine-based Prytula Charity Foundation Jonas Öhman, Founder and Head of the Lithuania-based NGO Blue/Yellow for Ukraine
Crowdsourcing VictoryWednesday, December 07, 2022
A unique aspect of Ukraine’s decentralized defense has been the rise of civil society organizations marshalling grassroots support for the Ukrainian war effort and humanitarian response. Unlike the USO or care packages Americans send our overseas troops, NGOs are effectively serving as the quartermaster for Ukraine’s troops, supplying tactical gear such as commercial drones, night and thermal vision optics, encrypted radios, and body armor. In many cases, these organizations have supplied this war-winning gear in greater volumes than Ukraine’s government itself, freeing agencies like the Ministry of Defense to focus on securing advanced weapons systems from Western suppliers. These civil society organizations exemplify the total mobilization of Ukrainian society at levels that have only been seen in the West during the Second World War. In this hearing, a number of witnesses testified to the logistical and regulatory challenges that often stymie efforts to surge needed gear to the front. Testimony also answered the questions of why frontline units with advanced Western weaponry still lack battlefield essentials such as combat optics, secure communications, and vehicles needed to transport casualties from the red zone to hospitals in the rear. Dora Chomiak, President of U.S.-based NGO Razom for Ukraine, spoke about the dangerous conditions her organization’s truck drivers face when delivering much needed equipment and humanitarian assistance to the front lines. She also highlighted Razom’s successful projects, which include the Bohdan Radchenko Stipend for Veterans, a medical mission in Ukraine from September 16-24th, a toy drive for displaced orphans and families, and the “Razom with You” program that supports those in need of psychological help. Taras Chmut, Director of the Ukraine-based foundation Come Back Alive, discussed the need for the United States to remove Ukraine from the “Crime Control” column of the Commerce Control List. His organization is the first charity organization in Ukraine that received a license for the purchase and import of military and dual-purpose goods. In order to function efficiently, Chmut requests the United States to revise their export framework, which was never intended for a massive land war in Europe. Serhiy Prytula, Founder and Chairman of the Ukraine-based Prytula Charity Foundation, also spoke up to thank the United States for its continued support. The Prytula Foundation has raised more than $85 million for the Ukrainian army, and is a true representation of how military and civil society have cooperated against the brutal and unjustified actions of Russia. Prytula advocated next steps; specifically, investigating Russian war crimes, designating Russia as a state sponsor of terrorism, and removing Russia from the UN Security Council. Jonas Öhman, Founder and Head of the Lithuania-based NGO Blue/Yellow for Ukraine, discussed the critical role of civil society within the defenses of Ukraine. He encouraged Congress to pass relevant legislation regarding the import of dual-use items in order to create necessary opportunities for trusted civil society actors to become more efficient in joint defense efforts.
Helsinki Commission Announces Briefing on Russia's Infrastructure TerroristsFriday, December 02, 2022
HELSINKI COMMISSION COMMISSION BRIEFING NOTICE Members of the Commission and their staff are respectfully invited to attend the following Commission staff-led briefing: RUSSIA’S INFRASTRUCTURE TERRORISTS Thursday, December 8, 2022 3:30 p.m. Please Register Here Russia, in its brutal war against Ukrainians, has been ruthlessly and methodically targeting Ukraine’s critical infrastructure and other civilian objects, plunging millions of Ukrainians, including children and the elderly, into darkness and cold. Schools, hospitals, maternity wards, and kindergartens have not been able to function. And while there are no reliable estimates on the number of civilian deaths that may be attributed to this infrastructure terrorism, it’s clear Russia is targeting infrastructure to maximize pain to civilians and damage their property. As a prominent Russian propaganda channel sickeningly put it, “… it is difficult to believe in victory when funerals come to your own friends, and you yourself are without light, heat and water, going to bathroom in a bucket.” Russia’s goal is to demoralize and terrorize Ukrainians which is a crime against humanity under international humanitarian law. Ukrainians have responded to this terror with heroic efforts to restore power grid, water, and heating to as many citizens as possible as fast as possible. However, Russia’s attacks continue and the Ukrainian grid teeters on the brink of failure under stresses no civilian power was ever designed to withstand. This briefing will examine the extent of damage to critical infrastructure, the toll in human suffering, and what the United States can do to help Ukrainians survive this cruel winter. The following panelist is scheduled to participate: The Honorable Oleksandra Azarkhina, Deputy Minister of Infrastructure of Ukraine
The Case for Getting Tough on HungaryMonday, November 28, 2022
Sixty-six years ago, ordinary Hungarians bravely stood up to Moscow’s empire of oppression. Yet, on its anniversary, Hungarian Prime Minister Viktor Orbán took aim at Europe, a curious choice given Russia’s imperialist war against Ukraine right at Hungary’s doorstep. “Let’s not bother with those who shoot at Hungary from the shadows or from the heights of Brussels. They will end up where their predecessors did,” Orbán told crowds in Western Hungary last Sunday. Since Russia’s full-scale invasion of Ukraine on Feb. 24, European solidarity and the transatlantic alliance have been put to the ultimate test. Amid the horrors of Russia’s genocidal war, many nations have risen to the occasion. But Hungary’s Orbán has shown his stripes: He has openly aligned himself with Vladimir Putin, and his government has demonstrated itself as an unreliable partner to the West, even as it happily avails itself of the West’s military protection and economic might. In March, Ukrainian President Volodymyr Zelensky made a direct appeal to Orbán in front of European Union leaders, saying, “You hesitate whether to impose sanctions or not? You hesitate whether to let weapons through or not? And you hesitate whether to trade with Russia or not? It’s time to decide already.” Since then, Orbán has given Zelensky his answer: On every count, Hungary stands with Russia. A member of NATO since 1999, and the EU since 2004, Hungary has bitterly opposed stronger Western sanctions against Russia, strengthened energy ties with Russia, banned lethal aid from passing through its territory to Ukraine, and is dragging its feet on NATO expansion to Finland and Sweden — the only NATO ally aside from Turkey to do so. Even more glaringly, Orbán has publicly blamed the West for provoking Russia’s actions in Ukraine, an utterly indefensible position given the genocidal war Russia has waged without provocation. In a July 23 speech, Orbán told a Hungarian-minority audience in Romania that his Russian counterpart’s justification for the war in Ukraine “does make sense, and it is worth taking seriously.” In the same speech, he made abject claims that Ukraine cannot win the war; that NATO expansion is to blame for Russian aggression; that the United States is using energy as a foreign policy weapon; and that Russia will continue to push the front line as long as NATO countries supply heavy weapons to Ukraine. Hungary’s defense of Russia’s brutal repression abroad is a natural extension of its growing authoritarianism at home. Orbán has transformed Hungary into an illiberal autocracy. Fidesz, the country’s ruling party, has systematically eroded democratic freedoms in Hungary since it came to power in 2010. Orbán has manipulated election laws to benefit Fidesz, packed the Constitutional Court with cronies, and consolidated media control to amplify his party’s propaganda. Civil society is unable to function freely due to restrictive laws, and many individuals and groups are subject to smear campaigns. It’s time to get tough on Hungary. Hungary has caused a fracture in NATO’s united front against Russia, which is a grave security and credibility risk for the organization. Hungary acts as Russia’s best advocate in Europe with impunity, which not only undermines transatlantic unity, but signals NATO weakness. As a result, members of the alliance should consider downgrading relations with Hungary, especially since NATO is founded on the principles of “democracy, individual liberty and the rule of law,” principles that Orbán has been intentionally eroding. Bilaterally, the United States cannot sit back silently while a NATO ally aligns itself with Putin’s Russia under thinly-veiled claims of “neutrality,” and simultaneously dismantles democracy domestically. It is important that the United States speaks with a united voice — Democrats and Republicans alike — to condemn Hungary’s allegiance to Russia. We should ramp up support for independent journalism and civil society in Hungary, as well as consider other tools to limit our economic investment and military partnership with Hungary if the government’s belligerence continues. The United States has leverage, and we should demand better from a NATO ally. Jordan Warlick is a policy adviser for the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission). Follow her on Twitter @jvcwarlick.
Helsinki Commission Briefing on Russia's Genocide in UkraineMonday, November 14, 2022
Helsinki Commission Co-Chairman Rep Steve Cohen joined a panel of four experts moderated by Helsinki Commission Senior Policy Advisor Michael Cecire to discuss Russia’s genocide in Ukraine. The four panelists included Dr. Timothy Snyder, Richard C. Levin Professor of History at Yale University; Ms. Maria Kurinna, Ukrainian human rights activist and international advocacy advisor at ZMINA; Dr. Eugene Finkel, Kenneth H. Keller Associate Professor of International Affairs at Johns Hopkins University; and Dr. Erin Rosenberg, Senior Legal Advisor, Mukwege Foundation; Visiting Scholar, Urban Morgan Institute for Human Rights. The panelists unanimously agreed that Russia's invasion of Ukraine meets the definition of the term genocide as defined by the Genocide Convention. According to that definition, genocide occurs when any of the following acts are committed with the “intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such”: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births withing the group; Forcibly transferring children of the group to another group According to Snyder, Russia is unambiguously committing the five types of crimes outlined in the Genocide Convention. However, Russia’s clear statements of genocidal intent in its public statements and the media make it a unique case from a historical perspective. Kurinna spoke to her family’s experience in Luhansk and underscored how Ukrainians are being targeted with death threats and torture for supporting the Ukrainian national identity. She emphasized the importance of identifying Russia’s actions as a genocide distinct from other violations of international law, such as war crimes and mass killings. She called on the US to lead other democracies in labelling Russia’s actions as a genocide. Finkel added that words matter, and the decision to label Russia’s actions in Ukraine as a genocide has political, legal, historical, and moral significance. He stated that we have a moral imperative to stop the genocide that is currently happening and decide whether we are serious about genocide happening “never again.” Rosenberg concluded the panel portion of the briefing with an analysis of the genocide from an international law perspective. She asserted that Russia’s actions do qualify as genocide under the genocide convention and that the Ukrainian nationality is a protected group. However, she added that genocidal intent must be tied to a desire to destroy the group physically or biologically, not just culturally. Further, Rosenberg delineated the unique roles of the US Congress and executive branch under the genocide convention and stressed that while the US must take action to declare Russia’s actions a genocide, it should not seek to reproduce judicial processes when doing so. During the Q&A, the panelists stressed the need to understand Russia’s genocide in Ukraine in a global context and described the precedents that action – or inaction – will set for international security in the decades to come.
Russia's Genocide in UkraineMonday, November 14, 2022
Russia’s violently imperial war in Ukraine is not only a flagrant violation of international law and interstate norms, but it also carries all the hallmarks of an ongoing campaign of genocide in Ukraine. From Russian dictator Vladimir Putin’s 7,000-word screed that systematically and historically denies Ukrainian nationhood; to mass graves uncovered in almost every Ukrainian territory liberated from Russian occupation; to the Kremlin’s public campaign of mass deportation and of Ukrainian civilians and children through “filtration” concentration camps; to the deliberate targeting of maternity hospitals, medical facilities, schools, and basic civil infrastructure; to the widespread employment of rape and sexual violence as a weapon of terror—rarely has genocidal intent and pattern of action been so clearly telegraphed and demonstrated for the world to see. According to the five-point definition under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, Russia has demonstrated clear, notorious, and mounting evidence in all five criteria, even though only one must be fulfilled to qualify as genocide. This briefing featured leading experts to review that evidence and highlight the urgent case for a congressional declaration of Russia’s genocidal intent and actions in Ukraine. In June, Helsinki Commission Cochairman Rep. Steve Cohen introduced House Resolution 1205 that would declare Russia’s genocidal campaign in Ukraine as it is. In July, a Senate companion (S.Res.713) was also introduced by Senator James Risch. In the spirit of prevention, as demanded by the 1948 Convention, and given the months- or often years-long time-frame for legal adjudications, these bills represent a bipartisan and bicameral political declaration based on the overwhelming and mounting evidence already in front of us.
Joint Statement by Members of the Caucus Against Foreign Corruption and Kleptocracy and the Commission on Security and Cooperation in EuropeTuesday, November 01, 2022
Washington, DC - Today, Helsinki Commission Cochairman Rep Steve Cohen and Ranking Member Rep. Joe Wilson, Counter-Kleptocracy Caucus Co-Chairs Rep. Brian Fitzpatrick and Rep. Tom Malinowski, and caucus members Rep. Dan Crenshaw, Rep. Peter Meijer, Rep. Maria Salazar, and Rep. Abigail Spanberger, issued the following statement on their joint efforts to authorize the President to transfer the legally forfeited assets of Putin-connected kleptocrats to fund the reconstruction of Ukraine: “We call on Congressional leadership to make every effort to include our bipartisan language allowing transfer to Ukraine of forfeited assets of Putin-connected kleptocrats. This effort was bipartisan from the get-go and remains so. “This language is a page long and was included in the House-passed defense bill in July, following the House’s passage in April of a bill on Russian asset seizure. As Iranian drones flatten civilian targets across Ukraine, Congress should be able to review and negotiate a one-page legislative provision with a sense of urgency. If opponents have substantive concerns, they should have provided those at any point over the past six months. “This is a matter of basic fiscal responsibility. With the inclusion of this provision, we would ensure that Putin’s corrupt cronies pay for part of Ukraine’s reconstruction. While we ask the American people to contribute to the success of freedom in Europe and around the world, we should make the same demand of dark money linked directly to the crimes of Putin‘s closest friends and allies. “Furthermore, this provision would only apply to the assets of Russian criminals that have been forfeited under existing criminal laws. These laws have been thoroughly tested by the courts and are frequently used against narcotics and sex traffickers. For example, federal authorities can auction off assets of fentanyl traffickers—like speedboats used for smuggling—to remediate the harms suffered by their victims. “We call on Speaker Pelosi, Leader McCarthy, Leader Schumer, and Leader McConnell to work vigorously to ensure inclusion of this measure in the final defense bill.”
Helsinki Commission Condemns Putin's Attacks on Civilians and Declaration of Martial LawFriday, October 21, 2022
WASHINGTON—In light of Vladimir Putin’s continuing terror attacks on Ukraine, 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: “Russia’s dictator Vladimir Putin has no right, or military ability, to claim swathes of Ukraine’s territory as part of Russia, including areas that Ukrainian forces have recently liberated. Attempting to declare martial law in these areas is a cynical ploy to legitimize the illegitimate, to make real the unreal, and paves the way for further Russian terror and genocide against the Ukrainian nation. “This month’s widespread and deadly strikes on civilian targets—including apartment buildings, playgrounds, and energy facilities and other critical infrastructure—demonstrate a desperate effort to conceal the Kremlin’s ongoing military collapse and to break the will of the Ukrainian people. But Ukrainians’ resolve will not waver, nor will our commitment to their freedom. “We will continue to support Ukraine in every way we can so that they can defend themselves and the democratic ideals we share. And we will call this war what it is—Russia’s genocidal, imperial conquest against a free people.”
Tribute to Robert Hand for Forty Years of Service at the Commission on Security and Cooperation in EuropeTuesday, October 18, 2022
Recognizing Robert “Bob” A. Hand for 40 years of service to the Commission on Security and Cooperation in Europe. Whereas Robert (Bob) Hand has given 40 years of faithful service to the Commission on Security and Cooperation in Europe, making him the longest serving staff of the United States Helsinki Commission to date; Whereas he is a highly respected expert on the Western Balkans with his work being invaluable during the wars in the former Yugoslavia in the 1990s, he was focused on holding accountable those responsible for atrocities such as the Srebrenica genocide in 1995 and the murder of the Albanian-American Bytyqi brothers in Serbia in 2001, and he kept Commissioners up to date on developments in the region, including in Albania, where he is also known for his expert analysis; Whereas having served on numerous United States delegations to Organization for Security and Cooperation in Europe (OSCE) meetings, observed dozens of elections, and served as a mission member on one of the OSCE’s first field missions, the OSCE Missions of Long Duration in Kosovo, Sandjak, and Vojvodina while stationed in Novi Pazar in 1993, Bob’s institutional expertise and memory on the OSCE has been vital to both the Helsinki Commission and the Department of State; Whereas in his role as the Secretary of the United States delegation to the OSCE Parliamentary Assembly (PA), Bob deftly and tirelessly guaranteed that the delegation was always well-prepared to engage with our counterparts from other countries and that our proposals and resolutions had the best possible chance for adoption; Whereas his deep expertise on procedural matters and election monitoring, among other processes, made him an extraordinarily effective advocate and negotiator for United States interests and for human rights and democracy throughout his time as Secretary of the United States delegation; Whereas no major meeting of the Parliamentary Assembly could be considered “typical”, with an enormous variety of subjects discussed, new procedures created, and different Members of Congress participating on the United States delegation from meeting to meeting, Bob rose to a huge diversity of challenges as Secretary of the United States delegation, and he ensured that Members could meaningfully participate and contribute, and that the United States presence was impactful in every meeting he coordinated; Whereas during annual sessions in particular, Bob’s calm demeanor and deep knowledge of OSCE Parliamentary Assembly processes helped all members of the delegation, whether Commissioners or not, whether it was their 1st or 15th time at an OSCE PA meeting, to know where they were supposed to be, when they were voting, what issues were at stake, and when they were scheduled to speak; Whereas ahead of OSCE’s yearly gatherings, Bob skillfully collected signatures from other delegations for United States initiatives in the Parliamentary Assembly as well as secured support from Members for important supplementary items and amendments fielded by other delegations; Whereas at the 2022 OSCE PA Annual Session in Birmingham, Bob worked diligently with several other delegations to ensure that a critical resolution condemning Russia’s unprovoked invasion of Ukraine was adopted with the strongest possible language; Whereas the United States delegation had a 100-percent success rate at the 2022 OSCE PA Annual Session with the joint Ukraine resolution submitted by the United States, Ukrainian, and Lithuanian delegations, and all United States amendments to committee resolutions and supplementary items adopted; Whereas over the years, Bob guided the United States delegation through elections for OSCE PA leadership and helped secure positions for United States Members as OSCE PA President, Vice Presidents, and committee Chairs to make up the OSCE PA Bureau as well as positions on ad hoc committees and appointments as Special Representatives on Anti-Semitism, Racism and Intolerance, Human Trafficking Issues, and on Political Prisoners; Whereas Bob was instrumental in ensuring that the COVID pandemic in no way diminished the United States delegation’s consistent and meaningful impact, and that United States objectives were advanced at each and every opportunity despite the unprecedented shift to online formats spanning multiple time zones; Whereas Bob was always guided by a clear sense that what the United States says matters in a body such as the OSCE Parliamentary Assembly, he prioritized principles over dialogue for its own sake, and he served the Commission’s mandate faithfully and tirelessly; and Whereas his longstanding relationships with the OSCE Parliamentary Assembly leadership, staff, and other parliamentarians mean his departure will be felt not only by the Commission but by many of our friends in the OSCE region who have worked with him over the years: Now, therefore, be it Resolved, That the House of Representatives— (1) recognizes Robert A. Hand’s 40 years of dedicated service to the Commission on Security and Cooperation in Europe (United States Helsinki Commission); (2) appreciates his sound policy guidance on the Balkans and other regions throughout his time with the Commission; (3) congratulates him on his successes as Secretary of the United States delegation to the Organization for Security and Cooperation in Europe Parliamentary Assembly; and (4) wishes him all the best in the next chapters of his personal and professional endeavors.
ZUG, Switzerland—After Switzerland said in February it was joining European Union sanctions against Russian oligarchs, this quiet Alpine getaway seemed like an obvious place to hunt for targets.
The streets are clustered with the offices of companies founded by Russia’s wealthiest men, along with the headquarters for landmark natural-gas pipelines Nord Stream 1 and 2 and the energy-trading department of Gazprom PJSC.
So many Russian billionaires have homes or businesses here that the local opposition party had begun taking sightseers on an Oligarch’s Tour. Swiss newspapers nicknamed Zug “Little Moscow” and joked that local leaders wanted to build a Kremlin wall around the town.
It didn’t seem so easy to the six local officials charged with helping implement sanctions. Working from a fifth-floor conference room, the team had a hard time identifying homes or local businesses officially owned by any of the hundreds of Russian oligarchs on the Swiss government’s list of sanctioned people. They struggled with Cyrillic names and often couldn’t make sense of the 300-page list, said Heinz Tännler, the financial director for the Canton, or state, of Zug.
They also struggled with the implications for the local economy, added Mr. Tännler, who worries that sanctions have jeopardized his canton’s reputation as a safe place for foreign investment. “This is a very difficult time, especially for the Canton of Zug,” he said.
In the end, the officials found exactly one company out of the roughly 30,000 registered in Zug that they believed was owned or controlled by a sanctioned individual.
Zug’s slow start is emblematic of the country as a whole. Switzerland has pledged to punish Russia for its invasion of Ukraine. So far, that promise hasn’t triggered much action against Russian companies doing business there, bolstering concerns in world capitals that the Alpine financial hub isn’t doing enough to forestall the Kremlin and Russian President Vladimir Putin’s allies.
Eighty percent of Russia’s commodities are traded through Switzerland, mostly through Zug and the lakeside city of Geneva. Swiss banks manage an estimated $150 billion for Russian clients, according to the country’s banking association. Thirty-two of the oligarchs closest to Mr. Putin have property, bank accounts or businesses in Switzerland, according to Zurich-based transparency group Public Eye.
In the four months since Swiss authorities began sanctions, $6.8 billion in Russian financial assets have been frozen, alongside 15 homes and properties, according to the State Secretariat for Economic Affairs, or SECO.
By contrast, EU countries have collectively frozen $14 billion in alleged oligarch assets spanning funds, boats, helicopters and real estate, in addition to over $20 billion in Russian central-bank reserves. EU countries have also blocked around $200 billion in financial transactions.
Authorities on the U.K. island of Jersey alone froze over $7 billion in assets they said are linked to oligarch Roman Abramovich, who didn’t respond to requests for comment.
U.S. senators have privately petitioned Swiss officials to do more to locate Russian money and property. “Instead of enabling Russia’s abuse of the global financial system, they should stand against it,” said Sen. Roger Wicker (R., Miss.), chair of the U.S. Commission on Security and Cooperation, which promotes human rights, military security and economic cooperation.
Switzerland’s government has rejected that kind of criticism, stressing that its adoption of EU sanctions marks a historic shift and that it is doing everything possible to hunt down blacklisted assets.
“It is clear that the sheer volume of the sanctions against Russia and Belarus, as well as the speed with which they were adopted, creates certain challenges for implementing authorities, in Switzerland and elsewhere,” said a SECO spokeswoman.
Western sanctions have increasingly been used to squeeze Russia since 2014, when it annexed Crimea. Since then, Mr. Putin and a tight circle of allies have been exploiting gaps in the global financial system to evade blacklists and hide wealth overseas.
Despite Switzerland’s status as a global financial hub, the country’s regulators are hamstrung by limited resources—SECO had just 10 officials fully dedicated to sanctions until recently, when the government hired five more. Their work is also frustrated by an old structural problem: The business of registering companies remains a hive of secrecy, making it difficult to identify ultimate ownership of assets, according to Western diplomats.
Swiss bankers and transparency campaigners say billions of dollars of Russian clients’ assets have been transferred to the names of spouses and children in recent years—a phenomenon that accelerated in the run-up to the war, they say.
The Putin regime’s presence in Zug can be traced to the early days of his presidency, and a ceremony in the canton’s sprawling art nouveau palace, Theatre Casino.
While Russia’s military was bombing the restive republic of Chechnya, Mr. Putin was awarded the 2002 “Zug Peace Prize” by the Nuclear Disarmament Forum, an organization of influential local businessmen that has since disbanded. The meeting, attended by business and political leaders close to the Kremlin and serenaded by the Russian National Orchestra, heralded the flourishing of Russian commodity trading in the town, according to local politicians.
Many oligarchs have businesses in Zug that remain untouched by sanctions. They include Mr. Abramovich, the largest shareholder of Evraz PLC, a Russian steelmaker and mining company that has a trading arm in the canton. Evraz was sanctioned in the U.K., where it traded on the London Stock Exchange, but hasn’t been sanctioned in Switzerland or the EU, even though Mr. Abramovich has.
Not far from Zug, in Winterthur, is the headquarters of Sulzer AG , an engineering company that is 48.8%-owned by Russian billionaire Viktor Vekselberg, who is sanctioned by the U.S. and the U.K. When Poland sanctioned Sulzer’s operations, the Swiss embassy in Warsaw unsuccessfully lobbied the Polish government to reverse the move, according to a Polish government official and the Swiss department of foreign affairs.
Sulzer said Poland’s decision was wrong given that Mr. Vekselberg is just a minority shareholder and neither owns nor controls the company. Sulzer isn’t sanctioned anywhere else, a spokesman said. Representatives for Mr. Abramovich and Evraz didn’t reply to requests for comment.
The SECO spokeswoman said the agency is in close contact with the U.K. authorities about sanctions, but “is not bound by their assessment.” A spokesman for the department of foreign affairs said that under Swiss law the government can assist Swiss companies abroad, and that sanctioning Sulzer’s Polish subsidiaries threatened jobs and hurt Sulzer clients.
U.S. and European officials say they are counting on the Swiss government to find which companies and homes in Switzerland belong to sanctioned Russian oligarchs and freeze them. Switzerland’s history of financial secrecy, enshrined in its law, can make it exceedingly difficult to identify who owns what.
Under Swiss legal precedent, lawyers can still open a company on behalf of a client and claim attorney-client privilege to block authorities from uncovering that person’s identity. That, officials say, hinders them from finding more companies whose accounts should be frozen under sanctions. It is also an obstacle for banks with small compliance teams.
Swiss business registries don’t require firms to list true owners, which are often hidden by opaque companies in Switzerland held by trusts in financial havens, a loophole exploited by businessmen from Russia and elsewhere eager to mask the true ownership of their assets, according to Swiss opposition politicians and advocates for financial reform.
“A Swiss lawyer hides the name of the beneficial owner in his vault, and there’s no way the Swiss authorities can get to the name,” said Mark Pieth, a former head of the Organization for Economic Cooperation and Development’s bribery division now at the Basel Institute on Governance. “The government has deliberately tied its own hands behind its back.”
Trusts came into play earlier this year when Switzerland, following the EU’s lead, sanctioned Andrey Melnichenko, one of Russia’s richest oligarchs and a longtime Swiss resident.
On March 9, the EU added Mr. Melnichenko’s name—No. 721—to its blacklist, describing him as part of the “closest circle of Vladimir Putin ” and involved in businesses vital to the government. It mentioned a meeting he attended in Moscow with Mr. Putin in the first hours of Russia’s invasion of Ukraine, along with 35 other oligarchs. In Italy, police seized his sailing yacht, the world’s largest.
Left untouched was EuroChem AG, a company founded by Mr. Melnichenko in 2001 that grew into one of the world’s top producers of fertilizer, with revenue last year of $10.2 billion. Based in a small glass tower in Zug nicknamed the Dallas Building, the company is deeply entwined in the supply chains of Europe’s largest chemical giants.
The day before the sanctions were announced, the tycoon disclaimed his interest in a Cyprus trust that held the company, according to a document signed by EuroChem’s chief financial officer. That left Mr. Melnichenko’s wife, Aleksandra, a former Serbian pop star, as the trust’s sole beneficiary.
“Given that Mr. Melnichenko no longer owns, holds or controls any funds and economic resources of EuroChem Group…neither EuroChem Group nor any member of EuroChem Group are subject to EU asset freeze measures,” stated a document viewed by The Wall Street Journal. EuroChem lawyers also wrote to SECO that the company wouldn’t provide economic resources to Mr. Melnichenko or pay dividends to his wife.
On March 28, SECO rendered its judgment: EuroChem didn’t need to have its assets or bank accounts frozen. Officials in Zug followed suit.
Mr. Tännler, the canton’s financial director, bridled at criticism that local officials aren’t looking hard enough. “I think people know that we did a good job, that we did what we can do,” he said. He washed his hands of the EuroChem decision. “SECO made a determination that EuroChem is clean,” Mr. Tännler said.
The European Commission in June countered that decision, ruling that Ms. Melnichenko was unduly benefitting from her husband and should be sanctioned. Switzerland then followed suit, blacklisting her but leaving EuroChem untouched.
Credit Suisse, which needs to answer to tougher U.S. regulators because of its U.S. dollar business, has frozen the accounts EuroChem held at the bank.
A spokesman for the couple said Mr. Melnichenko considers the sanctions against him unjust. “The formal justifications are nonsense,” said the spokesman, who denied that Mr. Melnichenko is a member of Mr. Putin’s inner circle or provides substantial revenue to the Russian government.
Ms. Melnichenko has appealed to the Council of the European Union, saying the sanctions against her have complicated EuroChem’s ability to sell fertilizer, “leading to the famine and death of millions of people.”