Title

Helsinki Commission, Tom Lantos Human Rights Commission Announce Briefing on Justice in Western Balkans and Closing of International Tribunal

Panel Will Address Tribunal’s Achievements, Additional Actions Required to Seek Justice
Thursday, December 07, 2017

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Tom Lantos Human Rights Commission (TLHRC) today announced the following briefing:

THE INTERNATIONAL TRIBUNAL AND BEYOND:
PURSUING JUSTICE FOR ATROCITIES IN THE WESTERN BALKANS

Tuesday, December 12, 2017
10:00 AM - 11:30 PM
Rayburn House Office Building
Room 2255

Live Webcast: www.facebook.com/HelsinkiCommission

Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement.

In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples.

Panelists will discuss these questions and suggest ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans. 

Panelists:

  • Serge Brammertz, Chief Prosecutor, International Criminal Tribunal for the former Yugoslavia
  • Nemanja Stjepanovic, Member of the Executive Board, Humanitarian Law Center (from Belgrade, Serbia, live via video)
  • Diane Orentlicher, Professor of Law, Washington College of Law, American University

Additional panelists may be added.

 

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • Steadfast Support for Ukraine: United States Delegation Hosts Ukrainian and Partner Country Parliamentarians on the Margins of the OSCE Parliamentary Assembly

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    Today, Helsinki Commissioners Steve Cohen, Joe Wilson, Marc Veasey,  Richard Hudson, Ruben Gallego and Brian Fitzpatrick along with Representatives Ted Lieu, Maria Salazar and Marcy Kaptur, re-introduced the Holding Accountable Russian Mercenaries (HARM) Act in the House of Representatives, bipartisan legislation that would require the Secretary of State to designate the Russian-based mercenary Wagner Group as a foreign terrorist organization (FTO).  The Commission applauds this vital piece of legislation to hold Wagner accountable for the terror it inflicts in Ukraine and elsewhere.  For more information click here.   The HARM Act was first introduced in the last Congress by Helsinki Commission Chair Sen. Ben Cardin (MD) and Ranking Member Roger Wicker (MI), along with companion legislation in the House of Representatives led by Reps. Steve Cohen and Joe Wilson, Richard Hudson, and Marc Veasey.

  • Standing with Russia, or staying silent, protects genocide

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Every day seems to bring fresh, compounding evidence of Russia’s genocidal intent and patterns of action — mass graves and torture chambers that seem to pockmark every liberated territory; homes, schools, hospitals and kindergartens repeatedly and deliberately targeted by Russian firepower; civilians, including children and infants, kidnapped and herded into Russian so-called “filtration” concentration camps, where they are sorted for either Russification or the gulag or worse; and flagrant attacks against refugee and humanitarian convoys.  If you care to look, these images repeat themselves throughout Ukraine, and it is as safe a bet as any that newly liberated areas will bear the blistering scars of this genocide. Sure enough, mass graves and torture chambers have been identified in recently liberated Mykolaiv and Kherson, including an archipelago of torture sites specifically for children. This is the apogee of depravity. The physical evidence is shocking enough, but the Russian government’s very public embrace of a campaign of terror and genocide is incredible to behold. The summer before the invasion, Russian dictator Vladimir Putin penned, by his own hand, a 7,000-word ahistorical screed denying the existence of Ukraine as a state and a nation, highlighting his eliminationist agenda for all the world to see. And even since then, Russian government figures at every level have repeated this noxious and ridiculous denial of Ukrainian nationality, deliberately dehumanizing and mass violence-encouraging rhetoric about “denazification,” and outright, even gleeful, calls for mass killing and destruction. The official state mouthpiece, RIA Novosti, even published in April a detailed plan laying out the intended destruction of the Ukrainian nation. What is striking about this genocide is perhaps the clarity and openness by which it has been prosecuted. And the pattern of action is startlingly predictable; not just in Ukraine, but also in Russia’s past colonial wars in Syria, Georgia and Chechnya, where ethnic cleansing, deliberate and widespread targeting of civilians, torture and rape were employed widely and purposefully as rote tools of Russian warfare. So, what can we do about it? For one, we can and should give Ukraine every tool that it needs to win its war against Russia’s genocidal war of imperial conquest. The faster Russia loses — and lose it must — the faster its genocidal program is halted. But also crucially, Congress, the U.S. government, and the world must be willing to call this genocide for what it is. In June, our co-chairman, Rep. Steve Cohen (D-Tenn.), and Ranking Member Rep. Joe Wilson (R-S.C.) introduced House Resolution 1205, which later would be introduced in the Senate as S. Res.713. Both resolutions draw on the definition of genocide in the 1948 United Nations Convention on the Prevention and Punishment of Genocide, to which the U.S. and Russia are both parties and which is codified in U.S. law.  The bill text illustrates how, as is well documented, Russia’s actions in Ukraine exhibits both genocidal intent and pattern of action along all of the Convention’s five acts in Article 2: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; and (e) Forcibly transferring children of the group to another group. Only one must be in evidence for genocide to exist. But what can a nonbinding resolution do? In this case, speaking out is more than some mere symbol. Ukraine’s war for its homeland is being won not because of Ukrainian material superiority, but because of the justness of its cause and the morale of its people. For the United States to officially recognize the extent of Russia’s horrors is tremendously meaningful to Ukraine and Ukrainians who still, despite their victories, endure the unendurable. Around the world, such a designation also demonstrates that we do not tolerate such heinous crimes. Calling out Russia’s genocide demonstrates the gravity of the stakes not only for Ukraine and Europe, but for global peace and stability. It can marshal further support for Kyiv, help sap Moscow’s fraying relationships, and further isolate this repugnant, totalitarian regime in the Kremlin. If you stand with Russia, or stand silent, you protect genocide. And here at home, these bipartisan, bicameral resolutions can help signal to the American people the true stakes in Ukraine. That Europe’s security, and the principles that undergird it, is a bulwark for freedom around the world and under great threat by a regime that purposefully and unflinchingly engages in genocide for its own imperial, corrupt ends. It is important to emphasize, too, that the 1948 Genocide Convention is about not only punishing genocide, but preventing it, and if we are to be true to our collective commitment to “never again,” we must act now. Of course, the ongoing legal investigations remain important and authoritative. But in the interest of prevention, a political declaration and congressional action is not only justifiable but essential. Congress, particularly Reps. Cohen and Wilson in the House, and Sens. Risch and Cardin in the Senate, should be applauded for their leadership. And the Senate, particularly Foreign Relations Committee Chairman Bob Menendez (D-N.J.), should be credited for bringing this resolution to fruition. Hopefully the House will do the same, in this Congress or the next, inspire the whole world to speak out as well — just as we were inspired by similar legislative actions in Ukraine, Poland, the Baltic states, the Czech Republic, Canada and Ireland.  Michael Hikari Cecire is a senior policy adviser at the U.S. Helsinki Commission. Follow him on Twitter @mhikaric. https://thehill.com/opinion/national-security/3780873-standing-with-russia-or-staying-silent-protects-genocide/

  • No Safe Haven: Launching the US-Europe Coalition on Russia Sanctions

    Since February 24, 2022, Western countries have imposed sanctions against Russian officials, businessmen, and public figures who support Russian aggression against Ukraine by financial or political means. Personal sanctions have been effective in creating tension between Putin’s proponents and continuing to help Ukraine fight for its independence. The biggest issue of personal sanctions policy is desynchronization among the countries imposing them. For example, when the United States enacts sanctions against politicians, public officials, and businessmen who support Russia’s war, the European Union and the United Kingdom do not. A similar dysfunction occurs when the European Union and Great Britain enforce sanctions on individuals without equal participation from the United States. The unity of the West in imposing sanctions on those driving Russia’s brutal invasion of Ukraine is essential for Ukrainian victory. This public briefing united seven legislators from the United States, Ukraine, United Kingdom, Lithuania, Estonia, and Poland. The panelists will announce the creation of the US-Europe Coalition on Russia Sanctions, which will synchronize the sanctions policy between the European Union, Ukraine, and the USA.

  • OSCE’s 2022 Ministerial Council in Lodz: Russia Isolated as States Demand Accountability and Reaffirm Commitments

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OSCE Continued Work in 2022, Despite Russia’s Objections States also used their interventions to welcome OSCE’s development of new approaches in 2022 with regard to sustaining its human rights work and presence in Ukraine to overcome Russia’s attempts to undermine the Organization.  In the years leading up to the Ministerial, Russia had increased its abuse of OSCE’s consensus-decision making to block the Organization’s budget, to close OSCE’s three field missions in Ukraine, and to prevent the convening of OSCE’s signature, annual human rights conference, the Human Dimension Implementation Meeting (HDIM). Yet despite its concerted efforts, Russia failed to block OSCE’s human rights work or eradicate its work in Ukraine. “On the contrary,” as U.S. delegation head, Undersecretary of State Victoria Nuland observed in Lodz, the OSCE “has said no to Moscow’s efforts to divide it, to paralyze it, to destroy it.” Nuland added, the Organization has emerged “even stronger, more flexible, more resilient” under Poland’s stewardship and that of Secretary General Helga Maria Schmid.   After Russia blocked the HDIM, the Polish Chairmanship convened the Warsaw Human Dimension Conference (WHDC) in September, conducting a full review of human rights commitments with the participation of more than one thousand governmental and civil society representatives in attendance. In November, the Secretariat stood up a donor-funded “Support Programme Ukraine” which reestablished an OSCE presence in the country. 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Civic Solidarity Platform (CSP), a regional association of human rights civil society organizations, hosted its annual Parallel Civil Society Conference on November 30 which likewise called on participating States to ensure accountability for perpetrators of war crimes and other atrocities in Ukraine.  In response to CSP’s long-standing call for closer collaboration between the OSCE and civil society, North Macedonia, which assumes the Chairmanship of OSCE in 2023, committed to appoint a Special Representative on Civil Society Organizations. Looking Ahead to 2023: North Macedonia Despite Russia’s isolation, its war against Ukraine continues even as Poland plans to pass the leadership of the Organization to North Macedonia as of January 1, 2023. As the incoming Chairman-in-Office, Foreign Minister Bujar Osmani pledged that North Macedonia’s tenure “will be guided by strict observance of OSCE principles and commitments.” He further stressed the cooperative nature of regional security, noting, “Safeguarding OSCE values and respect for international law must be a shared priority. This is of utmost importance. Rebuilding trust and engaging in meaningful dialogue presupposes full compliance with the agreed OSCE commitments and principles. We all have to be accountable for our actions. This is the formula for the way forward.”     

  • Helsinki Commission 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”: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births withing the group; Forcibly transferring children of the group to another group According to Snyder, Russia is unambiguously committing the five types of crimes outlined in the Genocide Convention. However, Russia’s clear statements of genocidal intent in its public statements and the media make it a unique case from a historical perspective. Kurinna spoke to her family’s experience in Luhansk and underscored how Ukrainians are being targeted with death threats and torture for supporting the Ukrainian national identity. She emphasized the importance of identifying Russia’s actions as a genocide distinct from other violations of international law, such as war crimes and mass killings. She called on the US to lead other democracies in labelling Russia’s actions as a genocide. Finkel added that words matter, and the decision to label Russia’s actions in Ukraine as a genocide has political, legal, historical, and moral significance. He stated that we have a moral imperative to stop the genocide that is currently happening and decide whether we are serious about genocide happening “never again.” Rosenberg concluded the panel portion of the briefing with an analysis of the genocide from an international law perspective. She asserted that Russia’s actions do qualify as genocide under the genocide convention and that the Ukrainian nationality is a protected group. However, she added that genocidal intent must be tied to a desire to destroy the group physically or biologically, not just culturally. Further, Rosenberg delineated the unique roles of the US Congress and executive branch under the genocide convention and stressed that while the US must take action to declare Russia’s actions a genocide, it should not seek to reproduce judicial processes when doing so. During the Q&A, the panelists stressed the need to understand Russia’s genocide in Ukraine in a global context and described the precedents that action – or inaction – will set for international security in the decades to come.    

  • Russia's Genocide in Ukraine

        Russia’s violently imperial war in Ukraine is not only a flagrant violation of international law and interstate norms, but it also carries all the hallmarks of an ongoing campaign of genocide in Ukraine. From Russian dictator Vladimir Putin’s 7,000-word screed that systematically and historically denies Ukrainian nationhood; to mass graves uncovered in almost every Ukrainian territory liberated from Russian occupation; to the Kremlin’s public campaign of mass deportation and of Ukrainian civilians and children through “filtration” concentration camps; to the deliberate targeting of maternity hospitals, medical facilities, schools, and basic civil infrastructure; to the widespread employment of rape and sexual violence as a weapon of terror—rarely has genocidal intent and pattern of action been so clearly telegraphed and demonstrated for the world to see. According to the five-point definition under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, Russia has demonstrated clear, notorious, and mounting evidence in all five criteria, even though only one must be fulfilled to qualify as genocide. This briefing featured leading experts to review that evidence and highlight the urgent case for a congressional declaration of Russia’s genocidal intent and actions in Ukraine. In June, Helsinki Commission Cochairman Rep. Steve Cohen introduced House Resolution 1205 that would declare Russia’s genocidal campaign in Ukraine as it is. In July, a Senate companion (S.Res.713) was also introduced by Senator James Risch. In the spirit of prevention, as demanded by the 1948 Convention, and given the months- or often years-long time-frame for legal adjudications, these bills represent a bipartisan and bicameral political declaration based on the overwhelming and mounting evidence already in front of us.        

  • Tribute to Robert Hand for Forty Years of Service at the Commission on Security and Cooperation in Europe

    Recognizing Robert “Bob” A. Hand for 40 years of service to the Commission on Security and Cooperation in Europe. Whereas Robert (Bob) Hand has given 40 years of faithful service to the Commission on Security and Cooperation in Europe, making him the longest serving staff of the United States Helsinki Commission to date; Whereas he is a highly respected expert on the Western Balkans with his work being invaluable during the wars in the former Yugoslavia in the 1990s, he was focused on holding accountable those responsible for atrocities such as the Srebrenica genocide in 1995 and the murder of the Albanian-American Bytyqi brothers in Serbia in 2001, and he kept Commissioners up to date on developments in the region, including in Albania, where he is also known for his expert analysis; Whereas having served on numerous United States delegations to Organization for Security and Cooperation in Europe (OSCE) meetings, observed dozens of elections, and served as a mission member on one of the OSCE’s first field missions, the OSCE Missions of Long Duration in Kosovo, Sandjak, and Vojvodina while stationed in Novi Pazar in 1993, Bob’s institutional expertise and memory on the OSCE has been vital to both the Helsinki Commission and the Department of State; Whereas in his role as the Secretary of the United States delegation to the OSCE Parliamentary Assembly (PA), Bob deftly and tirelessly guaranteed that the delegation was always well-prepared to engage with our counterparts from other countries and that our proposals and resolutions had the best possible chance for adoption; Whereas his deep expertise on procedural matters and election monitoring, among other processes, made him an extraordinarily effective advocate and negotiator for United States interests and for human rights and democracy throughout his time as Secretary of the United States delegation; Whereas no major meeting of the Parliamentary Assembly could be considered “typical”, with an enormous variety of subjects discussed, new procedures created, and different Members of Congress participating on the United States delegation from meeting to meeting, Bob rose to a huge diversity of challenges as Secretary of the United States delegation, and he ensured that Members could meaningfully participate and contribute, and that the United States presence was impactful in every meeting he coordinated; Whereas during annual sessions in particular, Bob’s calm demeanor and deep knowledge of OSCE Parliamentary Assembly processes helped all members of the delegation, whether Commissioners or not, whether it was their 1st or 15th time at an OSCE PA meeting, to know where they were supposed to be, when they were voting, what issues were at stake, and when they were scheduled to speak; Whereas ahead of OSCE’s yearly gatherings, Bob skillfully collected signatures from other delegations for United States initiatives in the Parliamentary Assembly as well as secured support from Members for important supplementary items and amendments fielded by other delegations; Whereas at the 2022 OSCE PA Annual Session in Birmingham, Bob worked diligently with several other delegations to ensure that a critical resolution condemning Russia’s unprovoked invasion of Ukraine was adopted with the strongest possible language; Whereas the United States delegation had a 100-percent success rate at the 2022 OSCE PA Annual Session with the joint Ukraine resolution submitted by the United States, Ukrainian, and Lithuanian delegations, and all United States amendments to committee resolutions and supplementary items adopted; Whereas over the years, Bob guided the United States delegation through elections for OSCE PA leadership and helped secure positions for United States Members as OSCE PA President, Vice Presidents, and committee Chairs to make up the OSCE PA Bureau as well as positions on ad hoc committees and appointments as Special Representatives on Anti-Semitism, Racism and Intolerance, Human Trafficking Issues, and on Political Prisoners; Whereas Bob was instrumental in ensuring that the COVID pandemic in no way diminished the United States delegation’s consistent and meaningful impact, and that United States objectives were advanced at each and every opportunity despite the unprecedented shift to online formats spanning multiple time zones; Whereas Bob was always guided by a clear sense that what the United States says matters in a body such as the OSCE Parliamentary Assembly, he prioritized principles over dialogue for its own sake, and he served the Commission’s mandate faithfully and tirelessly; and Whereas his longstanding relationships with the OSCE Parliamentary Assembly leadership, staff, and other parliamentarians mean his departure will be felt not only by the Commission but by many of our friends in the OSCE region who have worked with him over the years: Now, therefore, be it Resolved, That the House of Representatives— (1) recognizes Robert A. Hand’s 40 years of dedicated service to the Commission on Security and Cooperation in Europe (United States Helsinki Commission); (2) appreciates his sound policy guidance on the Balkans and other regions throughout his time with the Commission; (3) congratulates him on his successes as Secretary of the United States delegation to the Organization for Security and Cooperation in Europe Parliamentary Assembly; and (4) wishes him all the best in the next chapters of his personal and professional endeavors.

  • My "Hell" in Russian Captivity

    Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a well-known Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, testified about her capture, the deplorable conditions of her captivity, the plight of those who continue to be detained unlawfully, and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war.   Taira outlined the daily experience of torture, psychological manipulation, and inhumane living conditions she and others were subjected to by their Russian captors. She explained that she was detained during a document check, and when a guard recognized her name, she was singled out for especially cruel treatment.    Held in the occupied territories but under the direct control of Russian forces, Taira spent three months in captivity. Her captors attempted to force a public confession from her for crimes she had not committed. Taira knew they would use this footage to drive the Russian propaganda narrative of Ukrainian cruelty and defend their own atrocities. She had seen footage of friends and colleagues admitting to crimes she knows they did not commit in order to escape the torture that she herself faced. Taira noted that the Russians spared no one, capturing and torturing civilians as well as soldiers.   After thanking the United States for all the support it has given to Ukraine, she asked for help fighting Russian propaganda. She believes that the world must challenge Russian narratives. Taira requested additional shipments of modern weapons from the United States, stating that Ukrainians have proved themselves as responsible stewards of American weaponry and will use them to continue fighting with honor. She also asked for American help in facilitating international access to prisons in occupied Ukraine, in order to ensure fair treatment of prisoners according to the Geneva Conventions. Finally, Taira requested that the United States designate Russia as a state sponsor of terrorism, continue supporting Ukraine financially, and recognize the violence and oppression committed by Russia in Ukraine as a genocide.     

  • Ukrainian Medic to Testify on “Hell” in Russian Captivity, War in Ukraine at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MY “HELL” IN RUSSIAN CAPTIVITY Taira Paievska on Russia’s War in Ukraine Thursday, September 15, 2022 9:00 a.m. Dirksen Senate Office Building Room 106 Watch live: www.youtube.com/HelsinkiCommission Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, will testify about her capture; the deplorable conditions of her three-month captivity; the plight of those who continue to be detained unlawfully; and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war. The following witnesses are scheduled to participate: Yuliia “Taira” Paievska, Ukrainian veteran and volunteer paramedic; Commander, “Taira’s Angels” Dr. Hanna Hopko, Co-Founder, International Center for Ukrainian Victory; Former Chair, Committee on Foreign Affairs, Parliament of Ukraine

  • It’s Time to Throw NATO’s Door Wide Open

    NATO was meant to be a harbor for the weak and imperiled. It should be again. June’s NATO summit in Madrid was by every account a historic event. In response to Russia’s invasion of Ukraine andbroader belligerence against Europe, NATO unveiled a muscular new strategic concept and invited Finland and Swedento join the alliance—an epochal moment for the two traditionally neutral countries and a major statement for thealliance’s “open door” policy. Yet looming over all of this are the uncertain fates of the two countries most suffering from Russian aggression: Ukraine and Georgia. Both nations were promised membership in the alliance during the 2008 NATO summit in Bucharest, Romania, yet bothremain outside of it. Now, the enormous human and material toll of Russia’s genocidal, neo-imperial war in Ukraine hasput NATO’s extended and unfulfi lled promises into sharp, indelible relief. Obscured by ambiguous technicalities, the alliance’s failure to provide Ukraine and Georgia with a concrete pathway to membership was clearly an unintentional but predictable invitation to Russian aggression. As Ukrainians desperately defend their homeland and count civilians and their children among those killed, the moraland strategic poverty of Ukraine’s deferred accession is laid bare. NATO and its members must now reckon with thewages of a passive approach and rethink the alliance’s founding purpose. The bloc was never meant as an exclusive country club of the rich and strong but rather a harbor for the weak and imperiled. It should be again. In April, while observing the Hungarian parliamentary elections, I saw for myself the heartrending humanitarian crisis on Ukraine’s borders with Hungary and Slovakia. I saw children who had traveled great distances with their families, clutching the meager mementos of home; I met Ukrainians who traveled back and forth across the borders, bringing supplies from the European Union into western Ukrainian cities; and I saw the humanity of volunteers giving some measure of comfort and welcome to weary refugees who had, at long last, reached the promise of safety at the European Union’s frontiers. But what I didn’t see were any great barriers or edifices of geography to suggest the line where, on one side, NATO would risk nuclear war in the people’s defense and on the other side—in Ukraine—it would not. In the United States and Europe, discussions about the borders between NATO and the rest of Europe are treated like immutable features of geography or acts of god, as though certain states and people are afforded divine predestination into the Euro-Atlantic’s rarefied elect. Decisions in the run-up to the war to withhold crucial assistance or provide security guarantees were often justified based on Ukraine’s non-membership in NATO, even though concrete pathways into the alliance have never been offered despite the 2008 declaration. The idea that Ukraine and Georgia were somehow unready or unable to meet NATO’s technical criteria has always been a problematic argument. At no point has NATO established hard, technical benchmarks for membership—clear, achievable standards for entry—and doing so might have risked Ukraine and Georgia passing muster, potentially embarrassing the countries that were categorically opposed to their accession. Realistically, NATO enlargement has always been a political decision. More recent fixations on technical “readiness” and process were introduced after the Cold War to amplify NATO’s turn from a Cold War bulwark to a carrier of Euro-Atlantic values and to manage booming Eastern European demand for membership. But today, Moscow’s threat to Europe’s peace is all too apparent again—and devastatingly so in Ukraine as well as in Georgia. In response, NATO should change with the strategic landscape—not with “retrenchment,” in which it builds its walls higher while Ukraine and other threatened partners burn, but with aggressive enlargement. NATO is generally considered something of a walled garden—a protected redoubt of relative peace, prosperity, and predictability. However, this reputation elides the seismic strategic revolution that founding and early expansion represented. Firmly in the nuclear age and facing Soviet expansionism after two horrific continental wars in the first half of the 20th century, the United States sought to create structures to arrest Europe’s ruinous cycles of great-power war. Against thevery real risk of Soviet imperialism and a potential third World War, NATO created a protected sanctuary around Europe’s most threatened, impoverished, and war-torn countries. “I am sure,” then-U.S. President Harry Truman said just a year before NATO’s founding, “that the determination of the free countries of Europe to protect themselves will be matched by an equal determination on our part to help them.” To create the rules-based paradise of modern Europe, the United States and its closest allies drew a line in the face of Soviet expansionism and said: No further. Despite war weariness and the steep task of reconstruction, the North Atlantic founders pooled their military power and political determination as well as risked a third World War in Europe’s defense. The countries that joined were hardly all first-rate military powers, economic dynamos, or stable democracies—manywere politically unstable, militarily sapped, and economically broken. Several, such as Portugal and Spain, were military dictatorships. The principal continental combatants in World War II—Germany, France, and Italy—were quite literally ruined by the war and took decades to recover. Yet the United States and the other original NATO members didn’t quibble interminably over the vagaries of a threatened partner’s democratic credentials or its uptake of various technical or military reforms, and they generally accepted European states that sought Washington’s protection and a Western orientation. This wasn’t because of Western indifference to democracy but rather a recognition that democratization under the shadow of an imminent Soviet threat was essentially impossible and that a country swallowed by Moscow’s imperial agenda had no chance of true self-determination—much less democracy. Speaking of NATO’s purpose, then-U.S. Secretary of State Dean Acheson described it as “designed to contribute to thestability and well-being of the member nations by removing the haunting sense of insecurity” posed by Soviet expansionism. It took time, but the strategy paid off. Under NATO and the United States’ nuclear umbrella, great-power war was avoided, Europe democratized and prospered, and the Soviet Union and its brand of colonialism was dismantled, freeing tens of millions of people. With Russia again in the throes of despotism and expansionist militarism, the conditions that accompanied NATO’s founding are all too familiar. Russian aggression in the heart of Europe is an incontrovertible reality—as Ukraine’s blood-soaked lands so clearly attest—and there is no reason to believe or expect Moscow to stop until and unless it is stopped. NATO must meet the moment. Dithering over peacetime technicalities defi es NATO’s original purpose to secure Europefrom the specter of Moscow’s violently imperial agenda. This is not a return to the Cold War, but it is no less a civilizational struggle against a military dictatorship in Moscow. This threat is particularly plain and present for the millions of Ukrainians and Georgians who have had no choice but to suffer on the wrong side of the geopolitical train tracks. NATO should return to its roots and fling open its doors to all those in Europe at risk of Russia’s predations. How can this be done? NATO decisions, including membership, require consensus. Transitioning to a wartime open door policy will require a major shift in thinking. For one, the United States, as the ultimate underwriter of NATO’s military might, should take steps to provide robust security assistance and assurances to threatened partners—such as those promises it has given Finland and Sweden until their accession is complete—and encourage other like-minded allies to do the same. Similarly, NATO handwringing over outstanding territorial disputes—almost always created or supported by Moscow—should officially become a nonissue. Russia should not be rewarded for cultivating and backing violent separatist movements that inoculate the parent countries from NATO accession. If anything, Russian meddling and aggression evinces the necessity of NATO’s protection. This is simple in principle but admittedly difficult in policy amid hot war. How can Ukraine join NATO without triggering a global conflict? First, the United States and its allies can all do more to ensure that Ukraine has military dominance overits own territory and win its war of independence. Mystifying gaps that undermine Western sanctions policies demand attention—such as continued European dependence on Russian energy, U.S. imports of Russian steel, and the growing role of China and other countries in the Middle East, Eurasia, and Asia (including friends and partners) to bypass or ease the impact of international trade sanctions. Likewise, U.S. hesitance over delivering heavy arms and munitions to Ukraine must end. The delivery of U.S. artillery and M142 High Mobility Artillery Rocket System (HIMARS) platforms have completely changed the momentum of the conflict in recent weeks; more longer-range munitions and Western fast-jet capabilities could help Ukraine expand the initiative against Russia’s high-mass but low-morale attacking force. Second, the United States could consider extending its nuclear umbrella over Ukraine to erase Russia’s nuclear advantage and any temptation it may have to use nuclear weapons as Russian conventional losses mount. Doing so would only be a stronger and clearer statement of current U.S. policy that Russia’s use of weapons of mass destruction against Ukraine would be “completely unacceptable” and “entail severe consequences,” as U.S. President Joe Biden has already said. Against such a horrifying possibility, the West could stand to be much clearer on the evident downsides of such a strategy, which would itself violate Russian nuclear doctrine. And third, the United States can and should have discussions about certain security guarantees for free areas of Ukraine, such as via the provision of the most advanced Western arms or direct Western air defense coverage. For Georgia, and even for a country like Moldova should it so choose, it is even clearer: Provide support and security guarantees over non-occupied regions. Finally, democratic principles should remain a core requirement for NATO. Although the exigencies of the moment maynot allow the luxury of waiting for perfect democratization to develop before entry, NATO can and should create more robust and independent internal mechanisms to monitor and highlight vulnerabilities, advise and assist all members with undertaking difficult reforms, and hold members accountable for sustained and significant democratic backsliding. As Ukraine’s brave people fight for survival and every inch of their homeland against Russia’s overwhelming and genocidal war, it is impossible not to wonder what might have been had NATO understood in 2008 in Bucharest or in 2014 in Wales what horrors could have been prevented if Ukraine had been spirited into the alliance, along with Georgia. Ukraine will win this war, and Russia will lose—but in many ways, it is already too late for Ukraine and Georgia, having been so thoroughly and persistently victimized by Russian aggression. Yet each moment they are left to fend for themselves only compounds the error—and the shame.

  • NATO Refocused, Europe Reinforced

    By Jessika Nebrat, Max Kampelman Fellow​ Following the escalation of Russia’s war against Ukraine, the North Atlantic Treaty Organization (NATO) is playing a role it has not filled in years. Forced to reconcentrate its attention to Europe’s defense, NATO allies are demonstrating persistent resolve in countering Moscow’s expansionist tendencies. In doing so, NATO returns to a core facet of its founding mission: the defense against Moscow’s militarism. While NATO represents just one facet of the Euro-Atlantic security infrastructure, it is perhaps the most robust organization bound by formal agreements, dedicated to peacekeeping, and capable of enforcement. Its mission to “guarantee the freedom and security of its members through political and military means” echoes the first dimension principles outlined by the Helsinki Final Act, and aligns NATO with the Organization for Security and Cooperation in Europe and the U.S. Helsinki Commission. In supporting each other’s work, these institutions mutually reinforce their shared values and bolster European security. History of NATO In the aftermath of the second World War, the United States, Canada, and several Western European nations sought to boost European economic reconstruction and protect themselves from Soviet domination. The 1947 Treaty of Dunkirk predated NATO in promoting Atlantic alliance and mutual assistance between France and the United Kingdom. The agreement was expanded in March 1948 as the Treaty of Brussels to engage Belgium, Luxembourg, and the Netherlands in military, economic, social, and cultural cooperation. In the same month, the United States hosted talks intended to unite both North American and Western European allies; as a result, NATO was officially signed into existence on April 4, 1949. The 12 founding member nations derived their legitimacy from United Nations (UN) Charter Article 51, which affirmed the right to collective defense. The foundational NATO Treaty mentioned collective defense only after declaring the parties’ commitments to finding peaceful resolutions of disputes, upholding UN principles, strengthening free institutions, and promoting economic collaboration. The Alliance formally defined its principal objectives to deter Soviet expansionism, oppose nationalist militarism on the continent, and bolster European political integration. Though it sought to deter military aggression, NATO’s original treaty did not provide any means of enforcing the agreed-upon principles. It was not until after the USSR’s 1949 detonation of an atomic bomb and the 1950 start of the Korean War that NATO approved a military command structure. In response, the Soviet Union established the Warsaw Pact in 1955. Though neither of the two ideologically opposed organizations used force during the Cold War, they engaged in an arms race that persisted until the Soviet Union dissolved in 1991. NATO after the Cold War Once NATO no longer had to defend against Soviet expansionism, the Alliance broadened the scope of its peacekeeping and security enforcement missions. In the 1990s, NATO forces were deployed: to Turkey during the Gulf Crisis; upon request to Russia and other Commonwealth of Independent States nations as part of a humanitarian mission after the fall of the USSR; to enforce a UN arms embargo and no-fly zone over former Yugoslavia; and in the Central Mediterranean during a period of tension with Libya. In the 21st century, NATO forces were also deployed during: the Second Gulf War; to the US and Afghanistan in the aftermath of the September 11, 2001 terrorist attacks, the only Article 5 invocation in NATO history; to mitigate rising ethnic tensions in North Macedonia; to counter terrorist activity in the Mediterranean; as counter-piracy escorts to UN World Food Programme ships transiting the Gulf of Aden; to train Iraqi security forces; to enforce a no-fly zone after the popular uprising in Libya; for peacekeeping in Sudan; and to provide disaster relief throughout Europe, the Middle East, and in the United States. NATO currently maintains active operations in Kosovo, the Mediterranean, Iraq, and throughout the African Union; it recently ramped up air policing as part of a peace-keeping response to the Russian Federation’s illegal annexation of Crimea in 2014, and the escalation against Ukraine this past February. Kremlin Narrative against NATO Over the years, Moscow has repeatedly resisted NATO enlargement – especially for countries it claims within its sphere of influence. Putin asserts that during a 1990 summit between President George H. W. Bush and President Gorbachev, the United States promised no further expansion of NATO; civil servants present at that meeting have refuted this claim, as has Mr. Gorbachev himself. In his conversation with Bush, Gorbachev repeatedly affirmed that nations have the right to make their own alliances. Though internal U.S. analyses of the 1990s suggested that expansion eastward may not be politically expedient, such positions never became official policy. The United States has remained resolute in its recognition of sovereign choice, and expansion has been driven by requests from former Soviet and Warsaw Pact states wary of Russian revanchism. The Kremlin has deployed an opposing narrative to justify Russian military engagements in Georgia in the early 2000s, and more recently in Ukraine. Putin sees the inclusion of either nation in NATO, and the political and economic liberalization that go with it, as threats to his regime’s stability. NATO membership would limit Russian interference in the internal affairs of either state. Additionally, if Russia’s neighbors and fellow post-Soviet states can become true democracies, provide higher quality of living, and ensure the rule of law, then why can’t Putin’s Russia? Any argument that NATO expansion threatens Russia misrepresents the organization, which is a diverse coalition dedicated to mutual defense and development. Moreover, such an assertion overlooks the efforts NATO has made to include and collaborate with Russia in the pursuit of cooperative security. NATO Back to its Roots By illegally and brutally invading Ukraine in February 2022 – a dramatic escalation of the grinding conflict started in 2014 – Putin has galvanized European and Western unity. Hearkening to its origins and returning attention to Eastern Europe, NATO is recommitting itself to “counter Russia’s attempts to destroy the foundations of international security and stability.” The international community is largely on board. In its collective attention beyond security, NATO – alongside other organizations – highlights not only the potential for, but the responsibility of the international community to condemn human rights violations, uphold the rule of law, and pursue economic health, all efforts that further challenge the Kremlin’s narrative that it can lead (or that there even needs to exist) an opposing bloc. Alarmed by Moscow’s renewed expansionism, Sweden and Finland have abandoned decades of neutrality in favor of NATO membership. They are on track towards the fastest accession process in history, and anticipate a smooth integration. Both already engage in the wider European community through membership in such organizations as the European Union and the Organization for Security and Cooperation in Europe. Their force structures are robust, and well-versed in NATO procedures following decades of partnership; their accession will secure northeast Europe, expand NATO’s border with Russia, and reinforce NATO presence in the Arctic and Baltic Sea. Although the Kremlin initially vowed “military and political repercussions” were Finland and Sweden to join NATO, such threats have dulled to warnings about the installation of NATO military infrastructure nearer Russia’s borders; as Finland and Sweden’s NATO membership neared finalization, Putin even expressed “no problem” with these states joining the Alliance. It remains to be seen how this change will play out. After decades of orientation towards international stabilization, humanitarian, and counterinsurgency mission sets, NATO has been refocused on European deterrence and defense following the Kremlin’s violent assault on Ukraine. In addition to condemning Russia’s invasion and supporting Ukraine via such measures as the Comprehensive Assistance Package, NATO plays a critical role in championing European collective defense and discouraging any expansion of conflict.    

  • Cardin, Shaheen, Wicker Introduce New Bipartisan Bill to Support Economic Development, Promote Democratic Resilience & Combat Corruption in the Balkans

    WASHINGTON – Helsinki Commission Chairman Ben Cardin (MD) with Jeanne Shaheen (D-N.H.), Chair of the Senate Foreign Relations Subcommittee on Europe and Regional Security Cooperation and member of the Helsinki Commission, introduced new bipartisan legislation with Helsinki Commission Ranking Member Sen. Roger Wicker (MS) called the Western Balkans Democracy and Prosperity Act. This legislation would support economic development in the region through initiatives on infrastructure, trade and anti-corruption, including codification of sanctions to deter destabilizing activity In the Western Balkans. Sens. Durbin (IL), Tillis (NC), Van Hollen (MD) and Murphy (CT) also are original cosponsors of the bipartisan legislation.  “While the Western Balkan nations have made great strides towards democratic governance since the end of the Yugoslav Wars, increasing political divisions and corruption threaten to erode this progress,” said Chairman Cardin. “We must continue to support our democratic partners and allies in the Balkans. This bipartisan bill will advance regional stability and anti-corruption efforts by establishing programs that encourage inclusive economic development, national anti-corruption strategy, and hold accountable those who threaten peace in the Western Balkans.” “Amid Russia’s unprovoked war in Ukraine and Putin’s clear ambitions to spread malign influence across Eastern Europe, the United States’ relationship with the Western Balkans is pivotal. That’s why I’m proud to introduce new bipartisan legislation that strengthens trade and investments between the U.S. and Western Balkans, while rooting out local corruption and codifying sanctions against destabilizing actors – all of which pave the way for greater Euro-Atlantic integration,” said Sen.Shaheen. “When I traveled to the Western Balkans in the Spring, I met with young leaders who shared their dreams of building a prosperous future in countries with strong democratic institutions and economic opportunity. Their stories – their visions of building a brighter future for the next generation – inspired my legislation. This region deserves every tool possible to build sustainable democracies, and I’m proud to lead this bipartisan bill that would foster relations between the U.S. and our Balkan partners and encourage greater regional integration.”  “The Balkans are countries with a rich and varied heritage, and they also occupy an increasingly important position in European affairs,” said Sen. Wicker. “This bill would send a strong bipartisan signal that the United States is committed to supporting diplomacy in the region.”  “As Putin’s unprovoked war in Ukraine rages on, we must not forget the hard won peace in the Balkans, which suffered terrible violence after the breakup of Yugoslavia.  The United States and our allies contributed greatly to ending that horrific conflict, and this legislation reaffirms our commitment to seeing a stable future for the region—one squarely rooted in the West,” said Sen. Durbin.  “The Balkans region is critical to Europe’s security, and we must deepen existing engagement with our partners as Russia continues its illegal war against Ukraine and threatens our NATO allies,” said Sen. Tillis. “In the spring, I was proud to visit Serbia, Bosnia-Herzegovina, Kosovo, and Belgium with Senator Shaheen to hear from leaders of these countries and relay to our colleagues the importance of expanding economic opportunity and combating corruption. This bipartisan legislation will demonstrate our support for their efforts to advance democracy, and I will work with my colleagues to build support and pass it out of Congress.” “Despite Putin’s intent, his bloody war in Ukraine has not weakened our global alliances, but bolstered them. Increasing our partnerships with the Western Balkans will allow us to build on this and spur new economic cooperation between our nations. This legislation will help us capitalize on these opportunities as we continue to support strengthening democracy in the region,” said Sen. Van Hollen. “Maintaining peace in the Balkans is critical to European security, especially as Putin grows more desperate in Ukraine and may turn to other countries for a victory. During my trip to the region this spring, it was clear the United States must deepen our engagement. This legislation will strengthen U.S.-Balkan ties, expand economic opportunity, and support efforts to advance democracy and root out corruption,” said Senator Murphy. Specifically, the Western Balkans Democracy and Prosperity Act:  Establishes a regional trade and economic competitiveness initiative, which would support democratic resilience, economic development and prosperity in the region.  Establishes an anti-corruption initiative that directs the Secretary of State to provide technical assistance for each country in the Western Balkans to develop a national anti-corruption strategy.   Codifies two U.S. executive orders that would grant authority for sanctions against those who threaten peace and stability in the Western Balkans and are engaged in corrupt behavior.   Boosts university partnerships, encourages Peace Corps engagement in the region, creates a Balkans Youth Leadership Initiative and requires the Development Finance Corporation to open a previously announced office in the region.  Full text of the bill is available here. 

  • Helsinki Commission Digital Digest July 2022

  • Helsinki Commission Deeply Concerned Over Latest Electoral Reform Initiative in Bosnia and Herzegovina

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and  Co-Chairman Rep. Steve Cohen (TN-09) today expressed deep concern about an effort by the international community’s High Representative in Bosnia to impose changes on the country’s electoral system barely two months prior to general elections in early October. They issued the following joint statement: “We share the concerns of members of civil society, academia, and the political community in Bosnia and Herzegovina about the current proposal of the international community’s High Representative to make changes to Bosnia’s electoral system shortly before the upcoming general elections.  These changes effectively only benefit the leading ethnically-based political party among Bosnia’s Croats and further entrench the divisive force of ethnicity in Bosnian politics as a whole.  They fail to tackle the broader issues of citizen-based democracy that so obviously need to be addressed for the country to overcome destabilizing impasse and move forward. The timing of their introduction also is problematic. “The Helsinki Commission has long supported electoral reforms in Bosnia and Herzegovina that remove ethnicity from governance. Such reforms should be designed to give citizens a wider range of truly democratic choices, an ability to hold their elected official accountable, a deserved sense of stability, and needed hope for European integration.  We also have supported a more assertive role for the international community and its representatives in the country, including the Office of the High Representative, in responding to the lack of democracy and stability in Bosnia and Herzegovina. However, we believe that this specific action, if imposed now, will not represent the true progress Bosnia needs and may effectively make things worse.”

  • Behind Enemy Lines

    As Russia’s genocidal war against Ukraine continues, Ukrainians in occupied territories are demonstrating courageous resistance in the face of atrocities, deprivation, and forced displacement, the scope and scale of which has shocked the world. This hearing examined the human toll the war is taking on the people of Ukraine. It also underscored the importance of continued assistance from Ukraine’s partners to help it win the war, restore its territorial integrity, rebuild its shattered infrastructure, and bring Russian war criminals to justice. U.S. Ambassador to the Organization for Security and Cooperation in Europe (OSCE) Michael R. Carpenter outlined his institution’s comprehensive approach to supporting Ukraine. The OSCE continues to provide Ukraine with military aid; expose Russia’s clear, gross, and uncorrected violation of the Helsinki Final Act based on its unprovoked aggression against Ukraine and the Ukrainian people people; impose costs on the Kremlin, including instituting export controls and restricting Moscow’s participation in OSCE activities due to its breach of all ten principles of the Helsinki Final Act; promote multilateral support forUkraine; and hold Russian individuals and leadership accountable, especially for Russia’s violations of human rights. Ambassador Carpenter also highlighted a recent report that centers on Russia’s human rights violations, produced by the OSCE’s Office for Democratic Institutions and Human Rights. Ukrainian MP Oleksiy Goncharenko highlighted the systematic attacks on his nation’s history, culture, and identity. In addition to mass civilian casualties, rape, and torture within Ukraine’s borders, more than 1.3 million citizens have been deported to the Russian Federation, 240,000 children among them. Many are forced into “filtration camps,” in which soldiers crudely inspect, interrogate, and terrorize Ukrainians to look for signs of loyalty to Kyiv. Territories that fall under Russian occupation have been quickly militarized and used for further assaults on neighboring regions. Goncharenko noted that Russia now occupies an amount of land in Ukraine roughly equivalent to the size of Pennsylvania. Olga Aivazovska, Board Chair of the Civil Network OPORA and Co-Founder of the International Center for Ukrainian Victory, highlighted heartbreaking stories of human suffering, and Putin’s use of an asymmetric arsenal – including food insecurity, energy control, and misinformation campaigns – against Ukraine. She implored the international community to sustain investigations into and seek justice for widespread human rights violations. She also called attention to the wealth of resources that Russia has stolen from Ukraine, and the investment it will require to rebuild the nation after victory. Ukrainian witnesses asked for additional U.S. military support in the form of long-range HIMARS missile systems, western fighter jets, and related training. They also emphasized the need to designate Russia as a state sponsor of terrorism, to cultivate the legal and humanitarian infrastructure necessary to ensure justice, and to rebuild Ukraine’s economic, agricultural, and energy capacities. Members assured witnesses that their dedication to supporting Ukraine remains unwavering, and that Ukraine remains a great inspiration for the free world. Related Information Witness Biographies

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