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Cardin, Rubio Introduce Syrian War Crimes Accountability Act of 2014

Friday, April 04, 2014

WASHINGTON - U.S. Senators Ben Cardin (D-Md.) and Marco Rubio (R-Fla.), both members of the Senate Foreign Relations Committee, have introduced the Syrian War Crimes Accountability Act of 2014, legislation establishing a Syria-specific standard of reporting and accountability for crimes against humanity. The bill would require the U.S. State Department to report to relevant congressional committees on war crimes and crimes against humanity committed in Syria. This would include an account of war crimes and crimes against humanity committed by both the regime of President Bashar al-Assad and violent extremist groups and other combatants involved in the conflict. The report also requires a description of U.S. government efforts to ensure accountability for human rights violations in Syria. Senator Tim Kaine (D-Va.), also a member of the Senate Foreign Relations Committee, is an original cosponsor of the legislation.

“The war tactics employed in Syria by both government and opposition forces fly in the face of the rules of war. The United States cannot stand idly by and allow the gross violation of human rights in Syria to go unchallenged,” said Senator Cardin, “This legislation sends a strong message to the international community that the United States remains firmly committed to bringing all perpetrators of international crimes in Syria to justice. Shedding light on the atrocities in Syria is critical to bringing human rights abusers to justice.”

“For far too long the Assad regime and violent extremists in Syria have committed horrific human rights violations at the expense of millions of innocent Syrians,” said Senator Rubio. “These brutal crimes against civilians are appalling. The perpetrators deserve to be brought to justice, and this bill is a first step towards ensuring those responsible for human rights abuses are held accountable.”

After 3 years, the violence in Syria continues unabated and according to the most recent report of the United Nation's Independent International Commission of Inquiry on the Syrian Arab republic, the conflict “has reached new levels of brutality.” UNICEF has reported that Syria is among the most dangerous places on Earth to be a child, pointing to high child casualty rates, brutalizing and traumatic violence, deteriorated access to education, and health concerns. The number of children suffering in Syria more than doubled in the third year of the conflict.

The Syrian War Crimes Accountability Act of 2014 requires the Department of State to report on State and USAID efforts to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria during the conflict.  Specifically, the legislation:

  • Condemns the ongoing violence  and  human rights abuses by the Syrian regime, as well as  violent extremist groups and other combatants involved in the Syrian civil war.
  • Expresses support for the people of Syria seeking democratic change.
  • Urges all parties to the conflict to immediately halt indiscriminate attacks on civilians.
  • Calls on the President to support Syrian and International Community efforts to ensure accountability for war crimes and crimes against humanity committed during the conflict.
  • Calls for a UN Security Council investigation into those crimes.
  • Requires the Secretary of State to produce a report which:
    • Describes the violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, as well as the weapons used for those crimes, and—where possible—the origins of  those weapons.
    • Describes efforts by the State Department and USAID to ensure accountability for those crimes, including training activities, a strategy and implementation efforts.
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  • Remarks by Ambassador Clifford G. Bond at the International Forum Bosnia

    It is good to be back in Sarajevo again and I feel very much at home in this city and this country. When Dr. Mahmutcehajic invited me to speak at today’s conference on “American Policy in the Western Balkans,” I suggested that it might be best if I provided a perspective on the on-going work of the Helsinki Commission, which is where I am currently serving, and its impact on U.S. policy in the Balkans. The Commission is a unique institution made up of members of the U.S. Congress. It is not an easy task to generalize about the views of Commission members since each representative and senator is independent. Those who serve on the Commission do so because they share a commitment to human rights and democracy, and want to have an impact on U.S. engagement on these issues especially in the OSCE area, but beyond as well. Congress’ role in foreign policy, as in other areas, is to ensure that policy reflects the democratically expressed will of the American people. It balances the expertise of diplomats at the State Department and other Executive Branch agencies with a consideration of what the public will support. This is one reason why U.S. foreign policy has taken a more comprehensive view of security that includes democratic development and human rights, as opposed to a more “realpolik” view of the world. This was evident in the Balkans throughout the 1990s. In response to conflict in Bosnia, for example, many in Congress pressed the Bush and later Clinton Administration for a more activist and a more interventionist response. Members of Congress, including members of the Commission at that time, were among the first in government to advocate not only for efforts to contain the conflict but for decisive action, including the use of force if necessary, to stop it. Whenever I addressed an audience in Bosnia and Herzegovina (BiH) in the past, the question invariably arose of whether the Balkans remained a priority for the U.S. Obviously the region receives much less attention today than it did 10 years ago. But it would be incorrect to say that the Balkans is ignored and developments on the ground are not being followed on Capitol Hill. There remains an understanding within Congress that the work of the international community is incomplete in this region and that the states of the western Balkans deserve to be integrated into Europe and Euro-Atlantic institutions. This has sustained Congressional support for NATO enlargement and the process of EU integration of the western Balkans, a view that runs even deeper among members of the Helsinki Commission. Moreover, at the initiative of representatives of the more than 300,000 members of the Bosnian-American diaspora, a new bipartisan Bosnian Caucus is being set up within Congress to focus on and support issues of importance to Bosnia and Herzegovina and the region. The Helsinki Process and the Commission Now let me say a few words about the work of the Helsinki Commission. As I said, it is an independent agency created by Congress in 1976 to advance human rights and encourage compliance with the principles of the Helsinki Final Act, particularly its human rights commitments. The Commission is composed of members of both houses of the U.S. Congress. Successive agreements within the Vienna-based Organization for Security and Cooperation in Europe (OSCE) have expanded these common Helsinki standards into a whole framework of human and humanitarian rights. These have come to be termed the “human dimension” of the OSCE’s work. These agreements are not treaties, but political commitments which all participating states, including Bosnia and its neighbors, have adopted on the basis of consensus. Significantly, however, these same states have agreed that these are issues of direct and legitimate concern to all participating states of the OSCE and do not belong exclusively to the internal affairs of the state concerned. Democracy and human rights are thus matters of international concern. This has created a Helsinki process of bilateral and multilateral dialogue that includes the active participation of NGOs as well as governments in assessing the level of compliance with these common commitments. One element of that process is an annual review of implementation which takes place in Warsaw. I participated in the 2006 session and can assure you that it provided a forum for frank and open exchange of how our countries are or are not living up to our OSCE commitments. My own government faced serious criticism in terms of some aspects of its conduct of the fight against terrorism. Since 1989, Europe has undergone an historic transformation and the OSCE has played a vital role in this process of transition to democracy, particularly in the post conflict situation in the western Balkans. Much of this work has been driven on the ground by its field missions, such as the one headed here in Sarajevo by Ambassador Davidson. The Commission believes strongly that this work remains critical to the states of the western Balkans in helping them to overcome a legacy of communism and war. A permanent democratic transformation in the western Balkans will require a rethinking of the overall conditions of society with an aim of protecting rights and instituting peaceful change. Public debate needs to be expanded beyond a discussion of group rights to the rights of the individual and improving the overall quality and dignity of life, which is the essence of the OSCE’s human dimension. This process has not advanced nearly as far as it must to build modern societies in the region. Integration through Consolidating Democracy and Rule of Law Let me now review some of the areas of particular interest to the Commission and its members and where it will be pushing to influence U.S. policy in future. These are areas where I think more public debate and more active local NGO engagement with governments in the region will be essential. As I said, the Commission has been a strong advocate for the integration of the region into Euro-Atlantic institutions. This remains the best long term strategy for securing both peace and prosperity. The key to that integration is consolidating democracy, rule of law and good governance. There has been tremendous progress in this regard, but complacency must be avoided. Political leaders in Bosnia have come to realize that reforming their Dayton-era constitution in ways that make the government more functional and compatible with EU requirements is a necessary step. The U.S. Senate adopted a resolution (S. Res 400, 109th Congress) last year voicing support for this constitutional reform process. It did not advocate for specific changes, which must be decided by the people of Bosnia, not the international community. From the perspective of the Helsinki Commission, however, we think it critical that reforms, in addition to changes in the structure of government, guarantee the human and civic rights of all the citizens of BiH. As you know, the current constitutional provisions restrict Serbs living in the Federation, Bosniaks and Croats living in the RS, and non-constituent peoples, no matter in what part of the country they reside, from running for the post of BiH presidency. This is a violation of both the European Convention on Human Rights and the 1990 OSCE Copenhagen Document. This inability of all citizens to fully participate in BiH’s political life should be corrected. If we look at elections as another benchmark of progress in consolidating democracy, we can see that virtually all countries in the western Balkans are approaching the international standards for free and fair elections. Last October’s elections in Bosnia and Herzegovina were judged by the OSCE to be in line with international standards. Similarly the general elections held recently in Serbia were judged by OSCE as being conducted in a free and fair manner. Going beyond the technical conduct of these elections, however, the results and the tenor of the elections in the region are a matter of concern. In Bosnia nationalistic campaign rhetoric approached pre-war levels and polarized the electorate along ethnic lines. In Serbia the strong showing of the Serbian Radical Party and statements by other politicians indicated a lack of willingness among a large part of the population to come to terms with the crimes committed during the Milosevic era. Hopefully, over time, democratic forces in the region will prevail and a true reconciliation can be achieved. Without a meaningful break with the past and a full recognition in Serbia and the Republika Srpska (RS) of the crimes that were committed during the Milosevic era, however, this task will be immensely more difficult to accomplish. The decision of the International Court of Justice on February 26 does not change the need for this recognition or absolve Serbia or the Republika Srpska of responsibility in this regard. The ICJ confirmed an act of genocide was committed and that Serbia was in a unique position to prevent it. By failing to do so, Serbia violated the Genocide Convention and continues to violate it by not bringing the perpetrators of that genocide to justice. The court’s decision also makes clear that the full responsibility for conducting that genocide lies with the leadership and members of the military in the RS at that time. Unfinished Business It was to bring war criminals to justice and to determine the objective truth of what occurred in the Balkans that the Helsinki Commission was an early proponent of the establishment of the International Criminal Tribunal for the former Yugoslavia. It has pressed all countries in the region to fully cooperate with the Tribunal. The Commission has welcomed the establishment of the War Crimes Chamber within the BiH State Court, and the decision to transfer more cases from The Hague to the region for local prosecution. Despite building this indigenous capacity to conduct trials, there is a strongly felt sense within the Commission that the work of the International Tribunal should not be concluded until Ratko Mladic and Radovan Karadzic are brought to justice. The real message that Belgrade should take from the ICJ’s verdict on February 26 and convey to these indicted war criminals is that: “your time is up.” Other consequences of the war are still being dealt with. More than ten years after Dayton, additional mass graves continue to be uncovered. The Helsinki Commission recently organized a briefing on Capitol Hill at which Amor Masovic reported on the work of the State Missing Persons Commission. We believe that international support for determining the identification of these missing persons must continue. The right of refugees and displaced persons from the Balkan conflicts to return home has not been fully guaranteed. The 2005 Sarajevo Declaration on Refugee Return and Integration was a notable achievement in this regard, but implementation of this trilateral arrangement has been too slow. The Commission has urged Bosnia and Croatia and Serbia in particular to intensify efforts to ensure durable solutions for resettlement are found and displaced persons and refugees given access to all rights, including the right to property and citizenship. The legal issues involved are complicated, but with political will these can be managed and refugees re-integrated into society. In the midst of war in the 1990’s the region was confronted with a new and dangerous form of organized crime – human trafficking. Considerable progress has been made in the region in combating this modern day form of slavery, but even greater efforts are required. Trafficking also needs to be looked upon as not just as one field of criminal activity, but as part of a wider issue of corruption in the region. While criminals organize this activity, it is corruption that allows them to get away with it or go unpunished when caught. Preventing Future Conflict A fundamental principle behind the Helsinki Final Act is that there can be no true security without a commitment to democracy and human rights. Addressing the root causes of intolerance and discrimination are therefore essential to preventing future conflict in the region. The OSCE has done pioneering work in this area and is developing programs to prevent hate crimes and discrimination by confronting the sources of intolerance and by strengthening respect for ethnic and religious diversity. In a series of high level conferences the OSCE has sought to encourage states to collect hate crimes statistics, share information and strengthen education to combat intolerance as well as increase training of law enforcement officials. This is clearly a subject of importance to the entire region and governments should be cooperating in this work. We want to encourage regional participation at the next high level meeting on tolerance to be held in June in Bucharest. The Romanian government is now putting together an agenda which will cover racism, anti-Semitism and intolerance against Muslims and Christians as well as relevant programs to combat this discrimination. We want the conference to consider ways that our societies can move beyond tolerance to acceptance and recognition of diversity. I hope we can count on broad government and NGO representation from the region, but particularly from Bosnia, at the conference. Bosnia can and should be a leader in promoting dialogue among religious groups. We would very much like to see Bosnia host an OSCE event on this theme in future. At the Warsaw human dimension’s meeting last year there was only one Bosnian NGO represented. This was the National Council of Roma, but its participation was very significant for us. The plight of the Roma has been a special concern of the Helsinki Commission. No group within the former Yugoslavia has faced discrimination and exclusion so broadly as the Roma have. They continue to be deprived of housing and property rights, face difficulties in accessing personal documents and establishing citizenship. Many have no access to healthcare or education. In view of this widespread discrimination, not just within the Balkans but throughout Europe, the OSCE has sought to address the specific problems of the Roma. Your local Bosnian Helsinki Committee has also recently translated a human rights manual into Romani and I hope this will assist this marginalized community to assert and defend its rights. Eight governments of central and southeastern Europe have taken their own political initiative, titled the “Decade of Roma Inclusion,” to close the gap in welfare and living conditions between the Roma and non-Roma in their societies. Their aim is to break the cycle of poverty and exclusion by 2015. Several of the western Balkan states are active in this initiative. My understanding is that Bosnia is not yet a participant. It should be. One way to judge a society is by how well it protects the rights of those least able to realize them on their own. Any sincere effort to create modern, rights-based societies in the Balkans cannot overlook the plight and abuse of the civil, political, economic and social rights of the Roma. Among fundamental freedoms is the right to religious expression and belief. This is an issue of deep concern to Commission members. The right to practice your faith is no more secure than your readiness to acknowledge the right of others to practice theirs. Since the fall of communism various laws have been adopted in the region to provide for religious freedom, but these have unfortunately had the effect in some respects of restricting this fundamental right. They set numerical thresholds for the registration of religious groups, discriminate in favor traditional faiths, and place limits on free speech and proselytizing. These restrictions are particularly burdensome to new religious denominations and can lead to harassment against and stigmatization of their members. Albania, in contrast, has adopted a progressive law which provides for a neutral registration system that is applied universally. This is a model others in the region should consider adopting. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have been targets of ethnically based violence in Bosnia, Serbia and Kosovo. Governments need to adopt a “zero-tolerance” approach in responding to such provocations. Finally let me address the situation of Kosovo. The pending decision on the final status of Kosovo has given rise to much anxiety and apprehension in the region. Much of the debate on Kosovo has focused on the larger issues of sovereignty, territorial integrity and self-determination. Within Congress and even within the Helsinki Commission reaching a consensus on the right outcome in Kosovo is difficult, but two things are clear. First, there is no connection between Kosovo’s future and the recognized sovereignty and the territorial integrity of Bosnia and Herzegovina. Second, whatever form a Kosovo settlement takes, the fundamental issue in the Commission’s view is whether or not it improves the respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities. Those rights include the protection of property and the right of return for displaced persons. Any settlement should also encourage a process of integration and inclusion of these minority communities within a broader Kosovo society. From this perspective the proposed plan of UN Special Envoy Ahtissari can serves as a solid basis for compromise. Even if Belgrade and Pristina cannot agree on the issue of status, they should be engaged in serious negotiations to protect the rights of these minority communities. But whatever becomes of Kosovo, the OSCE and other international human rights standards must apply there and the OSCE must be fully involved in monitoring implementation of any settlement to assure these rights are respected. Conclusion My remarks have focused on some areas of concern, but let me say in conclusion that the region of the western Balkans has come a long way since the 1990’s. The international community has made a substantial investment in the peace, stability and reconstruction in the region, and we welcome this progress. Slovenia is a full-fledged member of NATO and the EU. Croatia is well on the road to membership in both, and Macedonia and Albania are making progress in the right direction. In a welcome development at the end of last year, Bosnia, Serbia and newly independent Montenegro were invited to join NATO’s Partnership for Peace. The regional trajectory is positive. More importantly, the EU and NATO have made a political commitment to include all of the western Balkan states into Euro-Atlantic institutions, and recognized that Europe will be incomplete without your countries. That does not relieve you of the responsibility to meet the conditions of membership in these institutions, but it does offer a bright future for the region. The issues your societies now face are perhaps less dramatic than achieving peace was a decade and more ago. These are issues of complying with human rights norms and improving the quality of life and the relationship between the individual and his or her government. These issues should be a matter of open, public debate in local and regional fora like this one. For too long nationalism and an “us versus them” mentality have dominated public discussion and driven politics in the region. It is time politicians on all sides put down the megaphones and drop the rhetoric that they have been using to polarize the situation. A new dialogue based on an open discussion of these human issues needs to replace it. This is essential to preventing future conflict, promoting economic and social development and sustaining peace. Only political will on the part of governments and party leaders and the full engagement of NGOs and citizens in this Helsinki process of dialogue can get this job done and complete the transition of the western Balkan states into permanent and stable democracies.  

  • Southeastern Europe: Moving from Ethnic Cleansing and Genocide to Euro-Atlantic Integration

    When I was appointed Chairman of the Helsinki Commission in early 1995, Mr. Speaker, the U.S. foreign policy establishment and its European counterparts were seized by a genocidal conflict of aggression against Bosnia-Herzegovina. Many here in the Congress were already deeply involved in bipartisan efforts to end the conflict by urging a decisive, international response under U.S. leadership. I can still recall the sense of horror, outrage and shame when the Srebrenica massacre occurred and nothing was done to stop it and other atrocities committed against civilians. Slobodan Milosevic, meanwhile, was comfortably entrenched as Serbia’s leader, with Kosovo under his repressive thumb. The situation was truly bleak.  Today, relative calm prevails throughout the Balkans region, though simmering tensions and other serious problems could lead to renewed crisis and conflict, if left unchecked. Overcoming the legacy of the past and restoring dignity and ensuring justice for the victims will require sustained engagement and vigilance. Integrating the countries of the region into European institutions can advance this process.  Slovenia has become a full-fledged member of both NATO and the European Union. Croatia is well on its way to similar membership, and Macedonia and Albania are making steady progress in the right direction. In a welcome development, Bosnia-Herzegovina, the epicenter of bloody carnage and mass displacement in the mid-1990s, was invited last week to participate in NATO’s Partnership for Peace Program, along with Serbia and the newly independent state of Montenegro.  As a longstanding member and leader of the Helsinki Commission, I want to highlight some of the numerous initiatives we have undertaken in an attempt to draw attention to developments in the Balkans and to influence related policy. Since 1995, we have convened more than 20 hearings on specific aspects of the region as well as related briefings, legislation, letters, statements and meetings. These efforts have been undertaken with an uncommon degree of bipartisanship. In this regard, I particularly want to thank the Commission’s outgoing Ranking Member, Mr. Cardin of Maryland, for helping to make this a reality. Among the Commission’s most noteworthy accomplishments, I would include garnering the strong support that contributed to the establishment of the International Criminal Tribunal for the former Yugoslavia and pressing countries to cooperate in bringing those responsible for war crimes, crimes against humanity and genocide to justice. I would include the change in U.S. policy from relying on Milosevic to implement the Dayton Agreement to supporting democracy in Serbia as the long-term and genuine partner in building regional peace and stability.  We have maintained a significant focus on elections, encouraging all the countries in the region to strive to meet international standards for free and fair elections as well as referenda. There has been tremendous progress in this regard.  The Commission’s support for the OSCE, I believe, has helped the organization’s field activities in southeastern Europe to be more successful in promoting respect for the human rights and fundamental freedoms of all the people, regardless of ethnicity. Finally, on the more controversial policy of NATO’s action against Serbia in 1999, the Commission served as a forum to air differing views on the policy response while finding common ground in addressing the humanitarian crises, documenting human rights abuses and holding human rights violators to account.  Mr. Speaker, while welcoming this progress in southeastern Europe, I would caution against complacency as the region faces significant challenges. Maintaining positive momentum will require much from actors in the region as well as the international community, including the United States.  First and foremost is the situation in Kosovo. The pending decisions that will be made on Kosovo’s status give rise to growing expectation as well as apprehension and concern. Despite the many debates on larger issues of sovereignty, territorial integrity and self-determination, these decisions should and will ultimately be judged by whether or not they lead to improved respect for human rights, especially the rights of those people belonging to the Serb, Roma and other minority communities in Kosovo. The members of the minority communities deserve to be treated as people, not as pawns in a fight over territory and power. They should be allowed to integrate rather than remain isolated, and they should not be discouraged from integration when opportunities arise. I remain deeply concerned that these issues are not being given the attention they deserve. Whatever Kosovo becomes, OSCE and other international human rights standards must apply.  Similarly, there is a need to ensure that justice is vigorously pursued for the victims of horrendous human rights violations. Conditionality on assistance to Serbia, as well as on that country’s integration, must remain firmly in place until Belgrade cooperates fully in locating at-large indicted war criminals and facilitating their transfer to the ICTY in The Hague. It is an outrage that Ratko Mladic and Radovan Karadzic remain at large. After refusing to take meaningful action on these cases, Serbia cannot be let off the hook now, but should be pressed to comply with its international obligations.  A related issue is that of missing persons. Ten years after Dayton, additional mass graves continued to be uncovered, and the identification of the remains of relatives and loved ones is important for the survivors of past atrocities and their societies. The Commission recently held a briefing on identifying remains found in mass graves in Bosnia, and I hope that support for determining the fate of missing persons can be further strengthened.  While some progress has been made in combating trafficking in persons in the region, all countries there need to intensify their efforts to end this modern-day form of slavery. Political will and adequate resources will be required, including through enhanced efforts by law enforcement and more vigorous prosecution of traffickers while providing protection for their victims.  Religious freedoms also remain a cause for concern. Various laws in the region allegedly providing for religious freedom do more to restrict this fundamental right by establishing thresholds for registration, by discriminating against small or new religious groups through tiers of recognition with associated privileges for traditional faiths, and by precluding the sharing of creeds or limiting free speech. These restrictions are particularly burdensome to smaller religious groups and can lead to stigmatization, harassment, and discrimination against their members. For instance, Kosovo’s new religion law singles out certain communities for special status while failing to address how other religious groups can obtain juridical personality as a religious organization, thereby creating a significant legal void from the start. I urge Kosovo authorities to follow the progressive Albanian system and create a neutral registration system of general applicability. Macedonia is considering a draft law now, and I hope authorities will fully adopt the recommendations of the OSCE Panel of Experts on Religious Freedom, as certain provisions of the draft regarding the granting of legal personality need additional refinement. I similarly call on Serbian officials to amend their current law and ensure all groups seeking registration receive legal status. Meanwhile, there is a need to step up efforts to respect the sanctity and ensure the safety of places of worship that have in the past been the targets of ethnically-based violence in Kosovo, Bosnia, Serbia and elsewhere.  Mr. Speaker, concerted efforts by courageous leaders in the Balkans and elsewhere have helped move the region from the edge of the abyss to the threshold for a brighter and more prosperous future. I congratulate the countries of southeastern Europe on the progress achieved thus far and encourage them to make further progress to ensure that all of the people of the region benefit.

  • The Srebrenica Massacre of 1995, H.Res. 199

    Mr. Speaker, I am pleased to join our colleague and Chairman of the Helsinki Commission, Mr. Smith of New Jersey, in cosponsoring House Resolution 199, regarding the 1995 massacre at Srebrenica in eastern Bosnia-Herzegovina.  For us, the congressional debates regarding the nature of the Bosnian conflict and what the United States and the rest of the international community should do about it are increasingly part of history. Now focused on other challenges around the globe, it is easy to forget the prominence of not only Bosnia, but the Balkans as a whole, on our foreign policy agenda.  It would be a mistake, however, to ignore the reality of Srebrenica ten years later to those who were there and experienced the horror of having sons, husbands, fathers taken away never to be seen again. Their loss is made greater by the failure to apprehend and transfer to The Hague for trial people like Ratko Mladic and Radovan Karadzic who were responsible for orchestrating and implementing the policies of ethnic cleansing.  Following the Srebrenica massacre, the United States ultimately did the right thing by taking the lead in stopping the bloodshed and in facilitating the negotiation of the Dayton Agreement, the tenth anniversary of which will likely be commemorated this November. Thanks in large measure to the persistence of the U.S. Congress and despite the resistance of some authorities particularly in Belgrade and Banja Luka, cooperation with the International Criminal Tribunal for the former Yugoslavia remains a necessary precondition for improved bilateral ties and integration into NATO and the European Union. Meanwhile, the United States and many other countries have contributed significant resources, including money and personnel, to the region's post-conflict recovery.  It is therefore appropriate that we, as the leaders of the Helsinki Commission, introduce and hopefully pass this resolution on Srebrenica ten years later, not only to join with those who continue to mourn and seek closure, but also to understand why we have done what we have done since then, and, more importantly, to learn the lesson of failing to stand up to those in the world who are willing to slaughter thousands of innocent people. The atrocities committed in and around Srebrenica in July 1995, after all, were allowed to happen in what the United Nations Security Council itself designated as a "safe area."  In confirming the indictments of Mladic and Karadzic, a judge from the international tribunal reviewed the evidence submitted by the prosecutor. His comments were included in the United Nations Secretary General's own report of the fall of Srebrenica, which described the UN's own responsibility for that tragedy. Let me repeat them here:  After Srebrenica fell to besieging Serbian forces in July 1995, a truly terrible massacre of the Muslim population appears to have taken place. The evidence tendered by the Prosecutor describes scenes of unimaginable savagery: thousands of men executed and buried in mass graves, hundreds of men buried alive, men and women mutilated and slaughtered, children killed before their mothers' eyes . . . .These are truly scenes from hell, written on the darkest pages of history.

  • Bringing Justice to Southeastern Europe

    Representative Chris Smith of New Jersey spoke on behalf of the Commission on the Yugoslav conflicts and its tumultuous impact on the development of post-Cold War Europe, as it exposed flaws in the United Nations and the European Union, whilst simultaneously inspiring the OSCE and NATO to act. The briefing addressed the establishment of the International Criminal Tribunal for the former Yugoslavia and the understanding that justice must be part of a post-conflict recovery. The speaker – Honorable Carla del Ponte, Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia since 1999 – was responsible for ensuring that those individuals responsible for war crimes, crimes against humanity and genocide in contemporary Southeast Europe were held accountable. She spoke of the limitations and successes of the Tribunal, referring to two decades of experience as a prosecutor.

  • OSCE PA Delegation Trip Report

    Mr. President, I take this opportunity to provide a report to my colleagues on the successful congressional delegate trip last week to St. Petersburg, Russia, to participate in the Eighth Annual Parliamentary Assembly Session of the Organization for Security and Cooperation in Europe, known as the OSCE PA. As Co-chairman of the Helsinki Commission, I headed the Senate delegation in coordination with the Commission Chairman, Congressman Chris Smith. THE PARLIAMENTARY ASSEMBLY This year's congressional delegation of 17 members was the largest representation by any country at the proceedings and was welcomed as a demonstration of continued U.S. commitment to security in Europe. Approximately 300 parliamentarians from 52 OSCE participating states took part in this year's meeting of the OSCE Parliamentary Assembly. My objectives in St. Petersburg were to advance American interests in a region of vital security and economic importance to the United States; to elevate the issues of crime and corruption among the 54 OSCE countries; to develop new linkages for my home state of Colorado; and to identify concrete ways to help American businesses. CRIME AND CORRUPTION The three General Committees focused on a central theme: "Common Security and Democracy in the Twenty-First Century." I served on the Economic Affairs, Science, Technology and the Environment Committee which took up the issue of corruption and its impact on business and the rule of law. I sponsored two amendments that highlighted the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency mechanisms to fight corruption in each of the OSCE participating states. My amendments also called for the convening of a ministerial meeting to promote cooperation among these states to combat corruption and organized crime. My anti-corruption amendment was based on the premise that corruption has a negative impact on foreign investment, on human rights, on democracy building and on the rule of law. Any investor nation should have the right to expect anti-corruption practices in those countries in which they seek to invest. Significant progress has been made with the ratification of the new OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Under the OECD Convention, companies from the leading exporting nations will have to comply with certain ethical standards in their business dealings with foreign public officials. And, last July, the OSCE and the OECD held a joint conference to assess ways to combat corruption and organized crime within the OSCE region. I believe we must build on this initiative, and offered my amendment to urge the convening of a ministerial meeting with the goal of making specific recommendations to the member states about steps which can be taken to eliminate this primary threat to economic stability and security and major obstacle to U.S. businesses seeking to invest and operate abroad. My anti-crime amendment was intended to address the negative impact that crime has on our countries and our citizens. Violent crime, international crime, organized crime and drug trafficking all undermine the rule of law, a healthy business climate and democracy building. This amendment was based on my personal experiences as one of the only members of the United States Senate with a law enforcement background and on congressional testimony that we are witnessing an increase in the incidence of international crime, and we are seeing a type of crime which our countries have not dealt with before. During the opening Plenary Session on July 6, we heard from the Governor of St. Petersburg, Vladimir Yakolev, about how the use of drugs is on the rise in Russia and how more needs to be done to help our youth. On July 7, I had the opportunity to visit the Russian Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. I was impressed with the General's accomplishments and how many senior Russian officials are graduates of the university, including the Prime Minister, governors, and members of the Duma. General Salnikov and I discussed the OSCE's work on crime and drugs, and he urged us to act. The General stressed that this affects all of civilized society and all countries must do everything they can to reduce drug trafficking and crime. After committee consideration and adoption of my amendments, I was approached by Senator Jerry Grafstein from Canada who indicated how important it was to elevate the issues of crime and corruption in the OSCE framework. I look forward to working with Senator Grafstein and other parliamentarians on these important issues at future multilateral meetings. CULTURAL LINKAGES WITH COLORADO St. Petersburg is rich in culture and educational resources. This grand city is home to 1,270 public, private and educational libraries; 181 museums of art, nature, history and culture; 106 theaters; 52 palaces; and 417 cultural organizations. Our delegation visit provided an excellent opportunity to explore linkages between some of these resources with the many museums and performing arts centers in Colorado. On Thursday, July 8, I met with Tatyana Kuzmina, the Executive Director for the St. Petersburg Association for International Cooperation, and Natalia Koltomova, Senior Development Officer for the State Museum of the History of St. Petersburg. We learned that museums and the orchestras have exchanges in New York, Michigan and California. Ms. Kuzmina was enthusiastic about exploring cultural exchanges with Denver and other communities in Colorado. I look toward to following up with her, the U.S. Consulate in St. Petersburg, and leaders in the Colorado fine arts community to help make such cultural exchanges a reality. As proof that the world is getting smaller all the time, I was pleasantly surprised to encounter a group of 20 Coloradans on tour. In fact, there were so many from Grand Junction alone, we could have held a Town Meeting right there in St. Petersburg! In our conversations, it was clear we shared the same impressions of the significant potential that that city has to offer in future linkages with Colorado. I ask unanimous consent that a list of the Coloradans whom I met be printed in the Record following my remarks. HELPING AMERICAN BUSINESSES In the last Congress, I introduced the International Anti-Corruption Act of 1997 (S. 1200) which would tie U.S. foreign aid to how conducive foreign countries are to American businesses and investment. As I prepare to reintroduce this bill in the 106th Congress and to work on combating crime and corruption within the OSCE framework, I participated in a meeting of U.S. business representatives on Friday, July 9, convened by the Russian-American Chamber of Commerce, headquartered in Denver. We were joined by my colleagues, Senator Kay Baily Hutchison, Senator George Voinovich and my fellow Coloradan, Congressman Tom Tancredo. We heard first-hand about the challenges of doing business in Russia from representatives of U.S. companies, including Lockheed Martin Astronautics, PepsiCo, the Gillette Company, Coudert Brothers, and Colliers HIB St. Petersburg. Some issues, such as export licensing, counterfeiting and corruption are being addressed in the Senate. But, many issues these companies face are integral to the Russian business culture, such as taxation, the devaluation of the ruble, and lack of infrastructure. My colleagues and I will be following up on ways to assist U.S. businesses and investment abroad. In addition, on Wednesday, July 7, I participated in a meeting at the St. Petersburg Investment Center. The main focus of the meeting was the presentation of a replica of Fort Ross in California, the first Russian outpost in the United States, to the Acting U.S. Consul General on behalf of the Governor of California. We heard from Anatoly Razdoglin and Valentin Makarov of the St. Petersburg Administration; Slava Bychkov, American Chamber of Commerce in Russia, St. Petersburg Chapter; Valentin Mishanov, Russian State Marine Archive; and Vitaly Dozenko, Marine Academy. The discussion ranged from U.S. investment in St. Petersburg and the many redevelopment projects which are planned or underway in the city. CRIME AND DRUGS As I mentioned, on Wednesday, July 7, I toured the Russia Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. This facility is the largest organization in Russia which prepares law enforcement officers and is the largest law institute in the country. The University has 35,000 students and 5,000 instructors. Among the law enforcement candidates, approximately 30 percent are women. The Police Training Academy has close contacts with a number of countries, including the U.S., France, Germany, the United Kingdom, Finland, Israel and others. Areas of cooperation include police training, counterfeiting, computer crimes, and programs to combat drug trafficking. I was informed that the Academy did not have a formal working relationship with the National Institute of Justice, the research and development arm of the U.S. Department of Justice which operates an extensive international information-sharing program. I intend to call for this bilateral linkage to facilitate collaboration and the exchange of information, research, and publications, which will benefit law enforcement in both countries that fight crime and drugs. U.S.-RUSSIA RELATIONS In addition to the discussions in the plenary sessions of the OSCE Parliamentary Assembly, we had the opportunity to raise issues of importance in a special bilateral meeting between the U.S. and Russia delegations on Thursday morning, July 8. Members of our delegation raised issues including anti-Semitism in the Duma, developments in Kosovo, the case of environmental activist Aleksandr Nikitin, the assassination of Russian Parliamentarian Galina Starovoitova, and the trafficking of women and children. As the author of the Senate Resolution condemning anti-Semitism in the Duma (S. Con. Res. 19), I took the opportunity of this bilateral session to let the Russian delegation, including the Speaker of the State Duma, know how seriously we in the United States feel about the importance of having a governmental policy against anti-Semitism. We also stressed that anti-Semitic remarks by their Duma members are intolerable. I look forward to working with Senator HELMS to move S. Con. Res. 19 through the Foreign Relations Committee to underscore the strong message we delivered to the Russians in St. Petersburg. We had the opportunity to discuss the prevalence of anti-Semitism and the difficulties which minority religious organizations face in Russia at a gathering of approximately 100 non-governmental organizations (NGOs), religious leaders and business representatives, hosted by the U.S. Delegation on Friday, July 9. We heard about the restrictions placed on religious freedoms and how helpful many American non-profit organizations are in supporting the NGO's efforts. I am pleased to report that the U.S. Delegation had a significant and positive impact in advancing U.S. interests during the Eighth OSCE Parliamentary Assembly Session in St. Petersburg. To provide my colleagues with additional information, I ask unanimous consent that my formal report to Majority Leader Lott be printed in the Record following my remarks. Exhibit No. 1 Coloradans in St. Petersburg, Russia Iva Allen, Grand Junction. Kay Coulson, Grand Junction. Inez Dodson, Grand Junction. Isabel Downing, Grand Junction. Terry Eakle, Greeley. Betty Elliott, Grand Junction. Dorothy Evans, Grand Junction. Kay Hamilton, Grand Junction. Helen Kauffman, Grand Junction. Nancy Koos, Denver. Dick and Jay McElroy, Grand Junction. Lyla Michaels, Glenwood Springs. Carol Mitchell, Grand Junction. Neal and Sonya Morris, Grand Junction. Pat Oates, Grand Junction. Kawna Safford, Grand Junction. Phyllis Safford , Grand Junction. Dorothy Smith, Grand Junction. Irene Stark, Montrose.   Exhibit No. 2 COMMISSION ON SECURITY AND COOPERATION IN EUROPE Washington, DC July 14, 1999 Hon. TRENT LOTT Majority Leader United States Senate Washington, DC Dear Senator Lott: I am pleased to report to you on the work of the bipartisan congressional delegation which I co-chaired that participated in the Eighth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE), hosted by the Russian Parliament, the Federation Council and the State Duma, in St. Petersburg, July 6-10, 1999. Other participants from the United States Senate were Senator Hutchison of Texas and Senator Voinovich. We were joined by 14 Members of the House: Rep. Smith, Rep. Hoyer, Rep. Sabo, Rep. Kaptur, Rep. Cardin, Rep. Sawyer, Rep. Slaughter, Rep. Stearns, Rep. Tanner, Rep. Danner, Rep. Hastings of Florida, Rep. Salmon, Rep. Cooksey, and Rep. Tancredo. The combined U.S. delegation of 17, the largest representation by any country in St. Petersburg was welcomed by others as a demonstration of the continued commitment of the United States, and the U.S. Congress, to Europe. This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States. Seven countries, including the Russian Federation, were represented at the level of Speaker of Parliament or President of the Senate. The Assembly continued to recognize the democratically elected parliament of Belarus which President Lukashenka dissolved following his illegal power grab in 1996. The inaugural ceremony included a welcoming address by the Speaker of the State Duma, Gennady Seleznev, and the Governor of St. Petersburg, Vladimir Yakovlev. The President of the Assembly, Ms. Helle Degn of Denmark, presided. The theme for the St. Petersburg Assembly was “Common Security and Democracy in the Twenty-First Century.” Foreign Minister Knut Vollenback of Norway addressed the Assembly in his capacity of OSCE Chairman-in-Office to report on the organization's activities, particularly those relating to post-conflict rehabilitation and reconstruction in Kosovo. Vollenbaek urged the Parliamentary Assembly and its members to play an active role in promoting human rights, democracy, and the rule of law in Kosovo. Considerable attention was given to the Stability Pact for Southeastern Europe throughout the discussions on Kosovo. Members of the U.S. delegation actively participated in a special plenary session on Kosovo and contributed to a draft resolution concerning the situation in Kosovo. The delegation was successful in securing adoption of several amendments; underscoring the legal obligation of State to cooperate with the International Tribunal for the Former Yugoslavia; granting access to all prisoners by the International Committee on the Red Cross; extending humanitarian assistance to other parts of the Federal Republic of Yugoslavia; and supporting democracy in Serbia and Montenegro. Senator Voinovich introduced a separate resolution stressing the urgent need to support infrastructure projects which would benefit neighboring countries in the Balkans region. This resolution was widely supported and adopted unanimously. Work in the Assembly's three General Committee: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions, focused on the central theme: “Common Security and Democracy in the Twenty-First Century.” During discussion in the General Committee on Political Affairs and Security, the U.S. pressed for greater transparency with respect to OSCE activities in Vienna, urging that meetings of the Permanent Council be open to the public and media. Considerable discussion focused on the Assembly's long-standing recommendation to modify the consensus rule that governs all decisions taken by the OSCE. During the closing session Rep. Hastings was unanimously elected committee Vice Chairman. Members offered several amendments to the draft resolution considered by the General Committee on Economic Affairs, Science, Technology and Environment. Two amendments that I sponsored focused on the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency corruption-fighting mechanisms in each of the OSCE participating States as well as the convening of a ministerial meeting to promote cooperation among these States to combat corruption and organized crime. Other amendments offered by the delegation, and adopted, highlighted the importance of reform of the agricultural sector, bolstering food security in the context of sustainable development, and regulation of capital and labor markets by multilateral organizations. The Rapporteur's report for the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the improvement of the human rights situation in the newly independent states. Amendments proposed by the U.S. delegation, and adopted by the Assembly, stressed the need for participating States to fully implement their commitments to prevent discrimination on the grounds of religion or belief and condemned statements by parliamentarians of OSCE participating States promoting or supporting racial or ethnic hatred, anti-Semitism and xenophobia. Other U.S. amendments that were adopted advocated the establishment of permanent Central Election Commissions in emerging democracies and emphasized the need for the Governments of the OSCE participating States to act to ensure that refugees and displaced persons have the right to return to their homes and to regain their property or receive compensation. Two major U.S. initiatives in St. Petersburg were Chairman Smith's resolution on the trafficking of women and children for the sex trade and Rep. Slaughter's memorial resolution on the assassination of Galina Starovoitova, a Russian parliamentarian and an outspoken advocate of democracy, human rights and the rule of law in Russia who was murdered late last year. The trafficking resolution appeals to participating States to create legal and enforcement mechanisms to punish traffickers while protecting the rights of the trafficking victims. The resolution on the assassination called on the Russian Government to use every appropriate avenue to bring Galina Starovoitova's murders to justice. Both items received overwhelming support and were included in the St. Petersburg Declaration adopted during the closing plenary. An ambitious series of bilateral meetings were held between Members of the U.S. delegation and representatives from the Russian Federation, Ukraine, Turkey, France, Romania, Kazakhstan, Uzbekistan, Armenian, Canada, and the United Kingdom. While in St. Petersburg, the delegation met with Aleksandr Nikitin, a former Soviet navy captain being prosecuted for his investigative work exposing nuclear storage problems and resulting radioactive contamination in the area around Murmansk. In addition, the delegation hosted a reception for representatives of non-governmental organizations and U.S. businesses active in the Russian Federation. Elections for officers of the Assembly were held during the final plenary. As. Helle Degn of Denmark was re-elected President. Mr. Bill Graham of Canada was elected Treasurer. Four of the Assembly's nine Vice-Presidents were elected: Mr. Claude Estier (France), Mr. Bruce George (U.K.), Mr. Ihor Ostach (Ukraine), and Mr. Tiit Kabin (Estonia). Rep Hoyer's current term as Vice-President runs through 2001. Enclosed is a copy of the St. Petersburg Declaration adopted by participants at the Assembly's closing session. Finally, the Standing Committee agreed that the Ninth Annual Session of the OSCE Parliamentary Assembly will be held next July in Bucharest, Romania. Sincerely, Ben Nighthorse Campbell, U.S.S., Co-Chairman

  • U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit

    This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.

  • Prosecuting War Crimes in the Former Yugoslavia: an Update

    This memorandum is part of a continuing series of reports prepared by the staff of the Helsinki Commission on the conflict in the former Yugoslavia. In the summer of 1991, Members of Congress and representatives of non-governmental organizations began to call for the establishment of a war crimes tribunal that would hold those responsible for war crimes in the former Yugoslavia personally and individually accountable for their actions. As atrocities mounted over that summer and information about concentration camps became public, these calls began to reverberate at on-going meetings of the Conference on Security and Cooperation in Europe (CSCE) then being held in Prague, Vienna and Helsinki.

  • The United Nations, NATO and the Former Yugoslavia

    This hearing focused on policy questions related to United Nations efforts and coordinated assistance from NATO in the countries of the former Yugoslavia. The hearing reviewed a historical timeline of the events and atrocities associated with the war. The hearing covered the issue of genocide and the actions in which the United States ought to respond. In relation to the war, the hearing touched based on the effectiveness of the Bosnian arms embargo and whether its intended approached has alleviated the conflict in any matter. The witnesses and the Commissioners touched on the logistical difficulties faced by the United Nations and what the general perspective and desires of the local population.

  • War Crimes in the Former Yugoslavia

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

  • War Crimes and the Humanitarian Crisis in the Former Yugoslavia

    This hearing focused on the conflicts in the former Yugoslavia and the international community’s commitment to prosecuting those guilty of war crimes. Confidence and security building measures, in relation to the territorial integrity of Bosnia-Herzegovina were discussed, as well as the stability of the multi-ethnic layering of the newly formed countries. The hearing also focused on possible U.S. measures to improve regional stability and to relocate displaced persons. Such measures included disbanding the arms embargo on Bosnia and improving economic conditions for the millions affected by the conflict.

  • Soviet Violations of the Helsinki Accords in Afghanistan

    The Helsinki Commission held its second hearing on Soviet aggression in Afghanistan six years after Soviet invasion in 1979. The witnesses shed light on the deliberate destruction of the people, culture, and way of life in Afghanistan for the Commissioners present, and considered ways to move forward.

  • Update on Raoul Wallenberg

    This hearing focused on the disappearance of Swedish diplomat Raoul Wallenberg, distinguished diplomat who risked his life to help grant protection to Jewish refugees in Hungary during Nazis occupation. Wallenberg’s whereabouts became unknown when the Soviets liberated Hungary. Despite Soviet declarations that Mr. Wallenberg died in 1947, many witnesses have contested this claim and have reported that he is in fact in Soviet prison. The Commissioners and the witnesses discussed the U.S. response and what further actions may be needed.

  • Podcast: Lost and Found

    Only July 11, 1995, more than 8,000 Bosnian Muslim men and boys from the town of Srebrenica in eastern Bosnia and Herzegovina were rounded up, gunned down, and buried in mass graves by Bosnian Serb forces, in what was the worst mass killing in Europe since World War II. The brutality of the genocide of Srebrenica was compounded by the deliberate effort by those responsible to hide their crimes. The use of mass graves and the subsequent movement of remains of the murdered using heavy machinery meant that the identification of the victims seemed nearly impossible at the time.  Ahead of the 25th anniversary of the Srebrenica genocide, Kathryne Bomberger, director general of the International Commission on Missing Persons, discusses how ICMP has helped families of the Srebrenica victims find closure and pursue justice. She also discusses the commission’s evolution from dealing with the conflict in the former Yugoslavia to its work worldwide—including in Syria, Colombia, and elsewhere—today. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 12 | Lost and Found: How the International Commission on Missing Persons Helps Find Closure and Pursue Justice

  • Justice Overseas

    Human rights within states are crucial to security among states. Prioritizing respect for human rights and fundamental freedoms, defending the principles of liberty, and encouraging tolerance within societies must be at the forefront of America's foreign policy agenda. Peace, security, and prosperity cannot be sustained if national governments repress their citizens, stifle their media, or imprison members of the political opposition. Authoritarian regimes become increasingly unstable as citizens chafe under the bonds of persecution and violence, and pose a danger not only to their citizens, but also to neighboring nations. The Helsinki Commission strives to ensure that the protection of human rights and defense of democratic values are central to U.S. foreign policy; that they are applied consistently in U.S. relations with other countries; that violations of Helsinki provisions are given full consideration in U.S. policymaking; and that the United States holds those who repress their citizens accountable for their actions. This includes battling corruption;  protecting the fundamental freedoms of all people, especially those who historically have been persecuted and marginalized; promoting the sustainable management of resources; and balancing national security interests with respect for human rights to achieve long-term positive outcomes rather than short-term gains.

  • Our Impact by Country

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