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Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCE

Witnesses Unanimously Champion Smith Legislation Providing Relief to Victims, Accountability for Perpetrators
Thursday, September 22, 2016

WASHINGTON—At a hearing convened today by Helsinki Commission Chairman Rep. Chris Smith (NJ-04), witnesses unanimously expressed support for Chairman Smith’s recently introduced Iraq and Syria Genocide Relief and Accountability Act of 2016 (H.R. 5961), bipartisan legislation that provides relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, and accountability for perpetrators.  

“The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Chairman Smith.

“Displaced genocide survivors cannot pay for food, medicine, or shelter with words from Washington,” Chairman Smith continued.  “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor.”

Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes.

Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.”

“The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.”

“The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.”

Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations.

Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.”

“The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.”

“There is nothing unconstitutional, illegal, unethical or unprofessional about prioritizing their right to survival as a community,” Anderson added, referring to Christian and other communities that face extinction in Iraq and Syria.

Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.”

“It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. “It is clear, however, that Christians and other religious minorities have become a target for brutality at the hands of the non-state actor ISIS, and that they are fleeing for their lives, and that far too few of them have been attaining U.S. resettlement.” USCCB resettles more refugees annually in the U.S. than any other agency.

Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chair Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09).

In 2013, ISIS began its brutal campaign of extermination and expulsion in Syria, expanding to Iraq in 2014. Many of those who survived these atrocities have been joining the flood of refugees streaming out of the region to Europe and other areas of safety. Resolving their plight is a key component to helping address the refugee crisis and has been of intense interest to countries in the OSCE region.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • HELSINKI COMMISSION DIGITAL DIGEST JUNE 2022

  • Declare Putin’s War Genocide

    A bipartisan group of U.S. lawmakers introduced a resolution characterizing Russia’s actions in Ukraine as an act of genocide on Friday.  A draft of the resolution, seen by Foreign Policy, argues that atrocities committed by Russian troops in Ukraine, including indiscriminate attacks on civilians, the direct targeting of maternity hospitals and medical facilities, and the forcible transfer of hundreds of thousands of Ukrainians to Russia and Russian-held territory meet the criteria laid out in Article II of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.  Congressional resolutions are commonly used by lawmakers to express strongly held sentiments by members of the House of Representatives or Senate. Although the resolution is not legally binding, it sends a strong message of condemnation of Russia’s actions and indicates ongoing efforts by members of Congress to provide continued support to Ukraine beyond military aid.  In April, U.S. President Joe Biden characterized Russian atrocities in Ukraine as an act of genocide. “We’ll let the lawyers decide internationally whether or not it qualifies, but it sure seems that way to me,” he said, speaking to reporters in Iowa. Biden’s remarks were echoed by the Canadian and British prime ministers while French President Emmanuel Macron and German Chancellor Olaf Scholz declined to use the term, underscoring long-standing differences within the international community as to what constitutes genocide.  As a crime, genocide is distinct from other mass atrocities, and it is defined in the United Nation Genocide Convention as “acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” Since 1989, the U.S. State Department has recognized eight genocides, most recently declaring attacks on the Rohingya Muslims in Myanmar as genocide. U.S. designations of genocide can take years of gathering and analyzing evidence, and senior Biden administration officials noted that the president’s remarks in April did not constitute a formal U.S. policy shift. Arguing that events in Ukraine could constitute genocide, the resolution points to statements made in Russian state media and by senior officials, including by Russian President Vladimir Putin, that undermine Ukrainian statehood and sovereignty; the congressional resolution alleges that the atrocities were carried out with a specific purpose. Proving that the crimes are carried out with deliberate genocidal intent can often be difficult to prove in law.  A number of Russian soldiers and units—which were accused of committing war crimes in the Kyiv suburb of Bucha, specifically torture, rape, and summary executions of civilians—were awarded in April by Putin, who designated the 64th Motor Rifle Brigade as Guards and praised them for their “mass heroism and valor, tenacity, and courage.” The resolution is set to be introduced by Democratic Rep. Steve Cohen and is expected to be co-sponsored by a bipartisan group of House members who sit on the Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe. In April, the commission wrote to the president of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe to endorse a declaration passed by the Ukrainian parliament characterizing Russia’s actions as genocide and urging the assembly to pass a similar resolution.

  • The Helsinki Process: An Overview

    In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.

  • Helsinki Commission Digital Digest May 2022

  • Supporting Ukrainian Refugees

    More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses discussed the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient.   Related Information Witness Biographies

  • Support for Ukrainian Refugees to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SUPPORTING UKRAINIAN REFUGEES U.S. Policy and Visa Issuance Wednesday, May 25, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses will discuss the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient. The following witnesses are scheduled to testify: Panel 1 Dana Francis, Acting Deputy Assistant Secretary of State, Bureau of Population, Refugees, and Migration,U.S. Department of State (TBC) Panel 2 H. E. Marek Magierowski, Ambassador of Poland to the United States Irina Manelis, Esq., Principal, Manelis Law

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