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Helsinki Commission Briefing on Russia’s Genocide in Ukraine

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”:

  1. Killing members of the group;
  2. Causing serious bodily or mental harm to members of the group;
  3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
  4. Imposing measures intended to prevent births withing the group;
  5. 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.

 

 

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