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Helsinki Commission Chair Introduces Resolution Marking 20th Anniversary of Srebrenica Genocide

Friday, June 12, 2015

WASHINGTON—Ahead of the 20th anniversary of the atrocity committed at Srebrenica in Bosnia and Herzegovina in July, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today introduced a resolution to affirm that the policies of aggression and ethnic cleansing implemented by Serb forces in that country constituted genocide as well as to condemn statements denying that the massacres meet the definition of genocide. The resolution has 28 original co-sponsors, 14 Republicans and 14 Democrats.

H. Res. 310 urges the Atrocities Prevention Board—an interagency organization charged with helping the U.S. government identify and address atrocity threats—to issue guidance on preventing future genocides, and encourages the United States to continue to support the independence and territorial integrity of Bosnia and Herzegovina, as well as peace and stability in southeastern Europe as a whole. This comes as part of a broader effort to push the Obama Administration to take atrocities prevention seriously.

“The thousands of innocents who were brutally slaughtered at Srebrenica deserve our remembrance of the tragedy for what it was: genocide,” said Rep. Smith. “The international community must ensure the perpetrators are held accountable for their actions, and study the lessons of Srebrenica with the aim of preventing future atrocities, particularly in current conflicts in the Central African Republic, Burundi, and Syria. In addition, we must continue to uphold the right of all people in Bosnia and Herzegovina and throughout the Balkans today—no matter their ethnic or religious background—to enjoy the benefits of democracy, the rule of law, and economic opportunity.”

The July 1995 massacre at Srebrenica was one of the worst atrocities to occur in the conflict in Bosnia and Herzegovina between April 1992 and November 1995, during which period more than 2,000,000 people were displaced, more than 100,000 were killed, and tens of thousands were raped or otherwise tortured and abused. In addition to being the primary victims at Srebrenica, individuals with Bosniak heritage comprise the vast majority of the victims during the conflict in Bosnia and Herzegovina as a whole, especially among the civilian population.

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    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.

  • 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.

  • Helsinki Commission Digital Digest May 2022

  • Lithuania Becomes First to Designate Russia as Terrorist State

    Lithuania's parliament on Tuesday designated Russia as a terrorist country and recognized its actions in Ukraine as genocide. Why it matters: In doing so, Lithuania has become the first country in the world to designate Russia as a sponsor and executor of terrorism, Ukraine's Centre for Strategic Communications and Information Security tweeted. State of play: Lithuania's unicameral parliament adopted the two-pronged resolution unanimously, per a statement posted to its Facebook page. "The war against Ukraine by the Russian Federation is a genocide of the Ukrainian nation carried out by Russia. The Russian Federation is a country that supports and executes terrorism," the statement read. What they're saying: The resolution stated that Russian forces have committed war crimes in Ukrainian cities such as Bucha, Irpin, Mariupol, Borodyanka and Hostomel, Lithuanian National Radio and Television (LRT) reported. The parliament "recognizes the full-scale armed aggression – war – against Ukraine by the armed forces of the Russian Federation and its political and military leadership ... as genocide against the Ukrainian people," it added. The resolution also stated that Russia, "whose military forces deliberately and systematically target civilian targets, is a state that supports and perpetrates terrorism." The big picture: Last week, Ukraine's Prosecutor General Iryna Venediktova told the U.S. Helsinki Commission that Russia had committed nearly 10,000 war crimes over the course of the war. Russian forces have deliberately targeted civilian infrastructure such as hospitals. Last month, Sima Bahous, the United Nations executive director for women, told the UN Security Council that reports of human trafficking, rape and other sexual violence in Ukraine were increasing. President Biden said last month that Russia was committing genocide in Ukraine.

  • Ukraine's prosecutor general testified about alleged Russian war crimes at U.S. Helsinki Commission hearing

    Ukraine's Prosecutor General Iryna Venediktova testified at the hearings of the Helsinki Commission on alleged war crimes of Russia in Ukraine, Venediktova said in a Facebook statement on Thursday. "The Helsinki Commission of the US Congress held a hearing on Russia's war crimes in Ukraine. I testified at the hearings about the horrific atrocities committed by the Russian army on our land: the deliberate bombing of civilian objects, killings and torture, the use of rape as a weapon," Venediktova said. The Helsinki Commission is a US government commission that "promotes human rights, military security, and economic cooperation in 57 countries," according to its website. Commissioners include US Senate, House of Representatives and executive branch members. The Ukrainian prosecutor general claimed that the Russian army had committed more than 9,800 war crimes in 70 days of war. She added that the unblocking of Mariupol and the end of the occupation of territories would open even more horrific cases for Ukraine to investigate. She said that "the red lining at the hearings were signs of genocide of the Ukrainian people and the prosecution of the main serial war criminal of the 21st century."  "The deportation of our children in order to erase their identity and bring them up as Russians is a direct proof of the plan to destroy Ukraine. The overriding task of the world community is to develop an effective international mechanism of justice and responsibility for Russia's crimes in Ukraine, which will become a tool now and a safeguard for the future," Venediktova said. Mariupol Mayor Vadym Boichenko has claimed that Russian forces deported almost 40,000 people from Mariupol to Russia or the breakaway Donetsk People's Republic. Russia also said that it has "evacuated" over one million people to Russian territory since Feb. 24. There is no way to verify the Russian data on evacuations. Ukrainian officials have repeatedly said that thousands of citizens are being deported to Russia forcibly.

  • Officials Detail Russian War Crimes, but Still Weighing ‘Genocide’ Label

    Experts and officials from the U.S. and Ukraine detailed the war crimes being committed by Russia amid its assault on Ukraine at a hearing of the U.S. Helsinki Commission on May 4, but were less certain about whether those actions constitute genocide. “The State Department has assessed that members of Russia’s forces have committed war crimes across Ukraine based on a careful review of available evidence and information including open source information, but also classified sources,” said U.S. Ambassador at Large for Global Criminal Justice Beth Van Schaack. “We saw credible reports of individuals killed execution style with their hands bound, as you mentioned. We saw bodies showing signs of torture, and we heard horrific accounts of sexual violence against women and girls,” she added.  Van Schaack did not weigh in on whether Russia was committing genecide, despite President Biden applying that label during a speech last month. The U.S. has not made an official determination regarding genocide yet. The State Department has funded and deployed a team of prosecutors, investigators and other professionals to help Ukraine investigate the ongoing crimes, Van Schaack added.  “This team is advising and supporting the office of the prosecutor general as they collect, preserve, and analyze evidence of atrocities with a view towards pursuing criminal accountability,” she said.    Ukrainian Prosecutor General Iryna Venediktova said her office has seen the most atrocities in the Kyiv region, which the Russian military withdrew from last month to focus on its attacks on the country’s eastern regions.  “We saw numerous civilians shot right on the street near and in their houses, corpses with clear signs of torture. We also discovered a torture chamber with bodies piled on the ground,” she said.  Venediktova noted that her office charged 10 Russian soldiers with war crimes, and was investigating whether the Russian atrocities are genocidal.  “This is just a drop in the ocean of cases that we have,” she said.    Timothy Snyder, a history professor at Yale University who specializes in Central Eastern Europe and the Holocaust, said he believes Russia’s actions fit into the five categories established by the 1948 Genocide Convention.   “In my view all five of these actions have been carried out — now, just to be clear: In order for genocide to have taken place, we don’t need all five, we only need one. But I think it is the case, and terrifyingly so, that all five are in fact the case in Russian occupied Ukraine,”  Snyder said at the hearing.  The five genecidal acts in the 1948 convention are attempting to destroy a national, ethnic, racial or religious group, including killing members of the group; imposing measures to prevent births from the group; causing serious bodily or mental harm; creating conditions that could bring the destruction of the group; and transferring children by force to another group.  Snyder said Russia has been forcibly moving Ukrainian children to Russia.  “This one is often overlooked, but I think it is quite important. More than 1 million people, according to Russian data, have been deported from Ukraine to Russia and among that million we’re talking about well over 100,000 children and those children in Russia are being deprived of their nationality,” Snyder said.  Russian President Vladimir Putin’s belief that Ukraine does not exist is “pre-genocidal”, Synder argued.  “When Mr. Putin says, as he had said repeatedly, that there is no Ukranian state or no Ukranian nation, scholars of genocide would recognize that as pre-genocidal language. That is when you say a group doesn’t exist, what you’re doing is preparing for its destruction,” he said.

  • Russian War Crimes in Ukraine

    Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.”  The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice.   Related Information Witness Biographies  

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