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Persistent Anti-Semitism in OSCE Region Threatens Security and Stability, Says U.S. Helsinki Commission

Monday, November 17, 2014

WASHINGTON—Ten years after the Organization for Security and Cooperation in Europe (OSCE) adopted the Berlin Declaration on Anti-Semitism, which outlined concrete measures to fight anti-Semitism in the OSCE region, leaders from the United States joined their counterparts from other OSCE participating States at an anniversary conference to discuss challenges posed by contemporary anti-Semitism.

High-level government representatives and political leaders at last week’s event in Berlin highlighted their concerns about persistent anti-Semitism in the OSCE region, noting that it poses an ongoing threat to security and stability in the area. Participating States were encouraged to intensify efforts to counter anti-Semitic acts and hate crimes.

“Ten years ago, the United States, Canada, and countries from across Europe held a critical meeting in Berlin to fight a surge in anti-Semitism,” said U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission.  “I wish I could say this were purely a commemorative meeting to acknowledge what was achieved in the last 10 years, but facts dictate this must be a working meeting focused on resurgent anti-Semitism. First and foremost, this means addressing the rise in violent attacks like those we have witnessed in Brussels and Toulouse… I am also concerned about overly restrictive laws or regulations that may make it more difficult for Jews and Muslims to practice their faiths, including those relating to circumcision, ritual slaughter, and religious attire. We must break this cycle so that another decade is not lost to hate and instability.”

Representative Chris Smith (NJ-04), Co-Chairman of the Helsinki Commission, was Chairman of the Commission at the time of the original Berlin meeting in 2004 and spearheaded the movement that led to the original Conference, where the OSCE became the first intergovernmental organization to adopt such meaningful commitments against anti-Semitism.

“Over the past 10 years we’ve made progress in getting the OSCE and its member states to recognize their responsibility to fight the terrible social evil of anti-Semitism,” said Co-Chairman Smith, who met with European officials and activists on the topic of increasing anti-Semitism in Europe in advance of the conference. “Now we’re going to hold their feet to the fire on their commitments.”

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  • Helsinki Commission Digital Digest July 2022

  • CO-CHAIRMAN COHEN APPOINTED AS OSCE PARLIAMENTARY ASSEMBLY SPECIAL REPRESENTATIVE ON POLITICAL PRISONERS

    WASHINGTON—Margareta Cederfelt, President of the OSCE Parliamentary Assembly (PA), has appointed Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) as the first-ever OSCE PA Special Representative on Political Prisoners. “I welcome the chance to serve as the voice of political prisoners across the OSCE region,” said Co-Chairman Cohen. “Every day, we witness more political arrests of opposition politicians, journalists, activists and civilians in Russia, Belarus, and other participating States that are cracking down on free speech, freedom of the press, and free thought. Through this position, I am committed to working tirelessly to elevate the issue of political imprisonment as the egregious violation of human rights that it is.” In his new role, Co-Chairman Cohen will collect and share intelligence on political prisoners throughout the OSCE region; raise awareness of participating States with high rates of political prisoners; advocate for the release of political prisoners; and promote dialogue at the OSCE PA and OSCE executive structures about political imprisonment.  Commission Chairman Senator Ben Cardin and Congressman Chris Smith were reappointed as Special Representative on Anti-Semitism, Racism and Intolerance, and Special Representative on Human Trafficking Issues, respectively.

  • Switzerland, Playground of Russian Oligarchs, Emerges as Sanctions Weak Link

    ZUG, Switzerland—After Switzerland said in February it was joining European Union sanctions against Russian oligarchs, this quiet Alpine getaway seemed like an obvious place to hunt for targets. The streets are clustered with the offices of companies founded by Russia’s wealthiest men, along with the headquarters for landmark natural-gas pipelines Nord Stream 1 and 2 and the energy-trading department of Gazprom PJSC. So many Russian billionaires have homes or businesses here that the local opposition party had begun taking sightseers on an Oligarch’s Tour. Swiss newspapers nicknamed Zug “Little Moscow” and joked that local leaders wanted to build a Kremlin wall around the town. It didn’t seem so easy to the six local officials charged with helping implement sanctions. Working from a fifth-floor conference room, the team had a hard time identifying homes or local businesses officially owned by any of the hundreds of Russian oligarchs on the Swiss government’s list of sanctioned people. They struggled with Cyrillic names and often couldn’t make sense of the 300-page list, said Heinz Tännler, the financial director for the Canton, or state, of Zug. They also struggled with the implications for the local economy, added Mr. Tännler, who worries that sanctions have jeopardized his canton’s reputation as a safe place for foreign investment. “This is a very difficult time, especially for the Canton of Zug,” he said. In the end, the officials found exactly one company out of the roughly 30,000 registered in Zug that they believed was owned or controlled by a sanctioned individual. Zug’s slow start is emblematic of the country as a whole. Switzerland has pledged to punish Russia for its invasion of Ukraine. So far, that promise hasn’t triggered much action against Russian companies doing business there, bolstering concerns in world capitals that the Alpine financial hub isn’t doing enough to forestall the Kremlin and Russian President Vladimir Putin’s allies. Eighty percent of Russia’s commodities are traded through Switzerland, mostly through Zug and the lakeside city of Geneva. Swiss banks manage an estimated $150 billion for Russian clients, according to the country’s banking association. Thirty-two of the oligarchs closest to Mr. Putin have property, bank accounts or businesses in Switzerland, according to Zurich-based transparency group Public Eye. In the four months since Swiss authorities began sanctions, $6.8 billion in Russian financial assets have been frozen, alongside 15 homes and properties, according to the State Secretariat for Economic Affairs, or SECO. By contrast, EU countries have collectively frozen $14 billion in alleged oligarch assets spanning funds, boats, helicopters and real estate, in addition to over $20 billion in Russian central-bank reserves. EU countries have also blocked around $200 billion in financial transactions. Authorities on the U.K. island of Jersey alone froze over $7 billion in assets they said are linked to oligarch Roman Abramovich, who didn’t respond to requests for comment. U.S. senators have privately petitioned Swiss officials to do more to locate Russian money and property. “Instead of enabling Russia’s abuse of the global financial system, they should stand against it,” said Sen. Roger Wicker (R., Miss.), chair of the U.S. Commission on Security and Cooperation, which promotes human rights, military security and economic cooperation. Switzerland’s government has rejected that kind of criticism, stressing that its adoption of EU sanctions marks a historic shift and that it is doing everything possible to hunt down blacklisted assets. “It is clear that the sheer volume of the sanctions against Russia and Belarus, as well as the speed with which they were adopted, creates certain challenges for implementing authorities, in Switzerland and elsewhere,” said a SECO spokeswoman. Western sanctions have increasingly been used to squeeze Russia since 2014, when it annexed Crimea. Since then, Mr. Putin and a tight circle of allies have been exploiting gaps in the global financial system to evade blacklists and hide wealth overseas. Despite Switzerland’s status as a global financial hub, the country’s regulators are hamstrung by limited resources—SECO had just 10 officials fully dedicated to sanctions until recently, when the government hired five more. Their work is also frustrated by an old structural problem: The business of registering companies remains a hive of secrecy, making it difficult to identify ultimate ownership of assets, according to Western diplomats. Swiss bankers and transparency campaigners say billions of dollars of Russian clients’ assets have been transferred to the names of spouses and children in recent years—a phenomenon that accelerated in the run-up to the war, they say. The Gateway The Putin regime’s presence in Zug can be traced to the early days of his presidency, and a ceremony in the canton’s sprawling art nouveau palace, Theatre Casino. While Russia’s military was bombing the restive republic of Chechnya, Mr. Putin was awarded the 2002 “Zug Peace Prize” by the Nuclear Disarmament Forum, an organization of influential local businessmen that has since disbanded. The meeting, attended by business and political leaders close to the Kremlin and serenaded by the Russian National Orchestra, heralded the flourishing of Russian commodity trading in the town, according to local politicians. Many oligarchs have businesses in Zug that remain untouched by sanctions. They include Mr. Abramovich, the largest shareholder of Evraz PLC, a Russian steelmaker and mining company that has a trading arm in the canton. Evraz was sanctioned in the U.K., where it traded on the London Stock Exchange, but hasn’t been sanctioned in Switzerland or the EU, even though Mr. Abramovich has. Not far from Zug, in Winterthur, is the headquarters of Sulzer AG , an engineering company that is 48.8%-owned by Russian billionaire Viktor Vekselberg, who is sanctioned by the U.S. and the U.K. When Poland sanctioned Sulzer’s operations, the Swiss embassy in Warsaw unsuccessfully lobbied the Polish government to reverse the move, according to a Polish government official and the Swiss department of foreign affairs. Sulzer said Poland’s decision was wrong given that Mr. Vekselberg is just a minority shareholder and neither owns nor controls the company. Sulzer isn’t sanctioned anywhere else, a spokesman said. Representatives for Mr. Abramovich and Evraz didn’t reply to requests for comment. The SECO spokeswoman said the agency is in close contact with the U.K. authorities about sanctions, but “is not bound by their assessment.” A spokesman for the department of foreign affairs said that under Swiss law the government can assist Swiss companies abroad, and that sanctioning Sulzer’s Polish subsidiaries threatened jobs and hurt Sulzer clients. U.S. and European officials say they are counting on the Swiss government to find which companies and homes in Switzerland belong to sanctioned Russian oligarchs and freeze them. Switzerland’s history of financial secrecy, enshrined in its law, can make it exceedingly difficult to identify who owns what. Under Swiss legal precedent, lawyers can still open a company on behalf of a client and claim attorney-client privilege to block authorities from uncovering that person’s identity. That, officials say, hinders them from finding more companies whose accounts should be frozen under sanctions. It is also an obstacle for banks with small compliance teams. Swiss business registries don’t require firms to list true owners, which are often hidden by opaque companies in Switzerland held by trusts in financial havens, a loophole exploited by businessmen from Russia and elsewhere eager to mask the true ownership of their assets, according to Swiss opposition politicians and advocates for financial reform. “A Swiss lawyer hides the name of the beneficial owner in his vault, and there’s no way the Swiss authorities can get to the name,” said Mark Pieth, a former head of the Organization for Economic Cooperation and Development’s bribery division now at the Basel Institute on Governance. “The government has deliberately tied its own hands behind its back.” EuroChem Trusts came into play earlier this year when Switzerland, following the EU’s lead, sanctioned Andrey Melnichenko, one of Russia’s richest oligarchs and a longtime Swiss resident. On March 9, the EU added Mr. Melnichenko’s name—No. 721—to its blacklist, describing him as part of the “closest circle of Vladimir Putin ” and involved in businesses vital to the government. It mentioned a meeting he attended in Moscow with Mr. Putin in the first hours of Russia’s invasion of Ukraine, along with 35 other oligarchs. In Italy, police seized his sailing yacht, the world’s largest. Left untouched was EuroChem AG, a company founded by Mr. Melnichenko in 2001 that grew into one of the world’s top producers of fertilizer, with revenue last year of $10.2 billion. Based in a small glass tower in Zug nicknamed the Dallas Building, the company is deeply entwined in the supply chains of Europe’s largest chemical giants. The day before the sanctions were announced, the tycoon disclaimed his interest in a Cyprus trust that held the company, according to a document signed by EuroChem’s chief financial officer. That left Mr. Melnichenko’s wife, Aleksandra, a former Serbian pop star, as the trust’s sole beneficiary. “Given that Mr. Melnichenko no longer owns, holds or controls any funds and economic resources of EuroChem Group…neither EuroChem Group nor any member of EuroChem Group are subject to EU asset freeze measures,” stated a document viewed by The Wall Street Journal. EuroChem lawyers also wrote to SECO that the company wouldn’t provide economic resources to Mr. Melnichenko or pay dividends to his wife. On March 28, SECO rendered its judgment: EuroChem didn’t need to have its assets or bank accounts frozen. Officials in Zug followed suit. Mr. Tännler, the canton’s financial director, bridled at criticism that local officials aren’t looking hard enough. “I think people know that we did a good job, that we did what we can do,” he said. He washed his hands of the EuroChem decision. “SECO made a determination that EuroChem is clean,” Mr. Tännler said. The European Commission in June countered that decision, ruling that Ms. Melnichenko was unduly benefitting from her husband and should be sanctioned. Switzerland then followed suit, blacklisting her but leaving EuroChem untouched. Credit Suisse, which needs to answer to tougher U.S. regulators because of its U.S. dollar business, has frozen the accounts EuroChem held at the bank. A spokesman for the couple said Mr. Melnichenko considers the sanctions against him unjust. “The formal justifications are nonsense,” said the spokesman, who denied that Mr. Melnichenko is a member of Mr. Putin’s inner circle or provides substantial revenue to the Russian government. Ms. Melnichenko has appealed to the Council of the European Union, saying the sanctions against her have complicated EuroChem’s ability to sell fertilizer, “leading to the famine and death of millions of people.”

  • 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.

  • Long Shadow of Russian Money Raises Tricky Questions for Swiss Bankers

    January used to be a big month for Swiss bankers and their Russian clients. Many of the Moscow elite had made a tradition of coming to the Alps for the orthodox new year, skiing with their families, then catching up with their financial consiglieri. In St Moritz, one banker recalls how he would book blocks of rooms for his clients. He would entertain them with snow polo, rolling out the charm as they clinked champagne glasses and watched horses charge across a frozen lake. This year he couldn’t tempt a single one. For the best part of a decade, Russian money has coursed through the Swiss banking world. But, as Russia’s relationship with the west has soured in recent years, what was once a source of bumper new profits for Switzerland’s banks has become a financial and reputational risk. In the run-up to Russia’s invasion of Ukraine in February, many wealthy Russians were moving to better safeguard their money from political interference, putting assets in the names of relatives or shifting them to less closely scrutinised jurisdictions, such as Dubai. In its wake, a vast sanitisation operation is under way at Swiss banks, to try and wind down relationships with sanctioned individuals. Neutral Switzerland has matched all of the EU’s punitive financial measures against Russia. More than 1,100 of the Russian elite — including figures such as coal and fertiliser billionaire Andrey Melnichenko and banker Petr Aven, both regular visitors to Switzerland — have become financial personae non gratae in a country many had assumed would keep their fortunes safe. The biggest banks, such as the publicly listed trio of UBS, Credit Suisse and Julius Baer, have declared they will cease all new business in Russia. For critics, though these are weasel words. It is their existing Russian clients that are the problem. No one is expecting many new fortunes to be minted in Russia any time soon. “Switzerland has a terrible history when it comes to Russian dirty money,” says Bill Browder, a longstanding Kremlin critic and a former Russian investor. He is sceptical of how much commitment there is among Swiss bankers to enforcing sanctions. “The Swiss want to be seen as doing something, but they don’t actually want to do anything,” he says. The US Helsinki Commission, an independent US government agency that observes human rights and the rule of law in Europe, agrees. In a report issued in May, it labelled the alpine state and its banks “a leading enabler of Vladimir Putin and his cronies”. The Swiss government responded by calling US secretary of state Antony Blinken in protest. A spokesperson for the Swiss government said president Ignazio Cassis “rejected the [report] in the strongest possible terms”. Like their counterpart in St Moritz, Swiss bankers the FT interviewed for this story all declined to be identified. Many more refused to speak at all. Switzerland’s banking secrecy laws are draconian — talking about clients can earn a lengthy jail term — and talking about Russian clients is even more taboo. “When we were onboarding a lot of these clients [in the 2000s], the entire approach was just very different. And you can’t really say that publicly now,” says one former banker who handled eastern European and Russian clients until retiring two years ago. “These [Russians] were people who had earned so much money, so quickly, that they didn’t know what to do with it. They were basically ideal clients. As long as you had no questions about where that money had come from . . . and, basically, we didn’t.” Quite how much Russian money there is in Switzerland is open to question. In March, the industry body representing Switzerland’s banks, the Swiss Bankers Association (SBA), caused a stir when it released details of a study estimating there was SFr150bn-SFr200bn ($154bn-$205bn) held in accounts for Russian citizens. At the end of last year, the total cash held on behalf of customers by Switzerland’s banks was SFr7,879bn, more half of which was wealth from abroad, according to the SBA. The disclosure prompted hand-wringing in the Swiss media. Commentators, even at conservative outlets such as the newspaper Neue Zürcher Zeitung, asked whether Switzerland should do business with autocratic regimes anywhere in the world any more. But others in the country have defended its economic relationships with Russia. The outspoken finance director of the canton of Zug, an important low-tax centre, said in March it was not his job to “act like a detective” and make judgments on Russian assets. In April, he announced that Zug, home to 37,000 companies, had no sanctioned assets to report back to Bern. Nevertheless, by April, the State Secretariat for Economic Affairs (SECO) announced that it had frozen SFr9.7bn of Russian assets. Authorities have insisted that the amount is proportionate to the scale of asset freezes in other leading financial centres. But Bern has been forced to row back in some cases, and in May it announced it was unfreezing SFr3.4bn of funds. Switzerland cannot freeze funds “without sufficient grounds”, says Erwin Bollinger, a SECO official, who adds that the government has received data on sanctioned accounts at more than 70 of the country’s banks. Direct disclosure by the banks has been patchy. Credit Suisse chief executive Thomas Gottstein told a conference in March that about 4 per cent of assets in his bank’s core wealth management business were Russian — a proportion that would equate to roughly SFr33bn. Meanwhile, UBS, the world’s largest private wealth manager, has disclosed it has $22bn of assets of “Russian persons not entitled to residency in the European Economic Area or Switzerland”, leaving open the question of how much it holds overall. Some 16,500 Russians are permanently resident in Switzerland, and more Russians are accepted for Swiss citizenship than any other nationality, according to the State Secretariat for Migration. Julius Baer has made no direct disclosure of the size or wealth of its Russian client base, though it has said, somewhat elliptically, that the value of assets held by its Moscow-based subsidiary is some SFr400mn. Information from the dozens of other smaller Swiss private banks is even scantier. Even leading industry figures wonder what is being left unsaid. One executive, who for the past two decades has been a senior figure in the private banking world in Switzerland, says he has almost no doubt that the significance of many banks’ close working relationships with sanctioned individuals is being underplayed. “You don’t have dozens and dozens of people employed on your Russia desks if you are not making money in Russia,” he says. Moreover, he adds, many Russian clients have done their business through Swiss banks’ subsidiaries abroad, such as those in Monaco, London or Asia. It is not clear to him whether all these assets have been caught by the Swiss rules. Swiss banks have a legal obligation to record the ultimate beneficial owners of all assets they handle worldwide, but doing so accurately can be tricky in jurisdictions where it is easy for third parties to mask who the owners are. Switzerland’s banks have moved dramatically from the freewheeling approach of previous years, when there was “a run on Russia”, says Thomas Borer, a former leading Swiss diplomat turned consultant, who has worked with prominent Russian clients. He now supports Switzerland’s sanctions policy. “Being militarily neutral does not mean being economically indifferent,” he says. But he argues that Swiss banking culture is still very different from elsewhere in the west. Even the biggest banks, he says, were clinging to relationships with Russian clients as the Ukraine crisis unfolded. The Financial Times revealed that, as late as March, Credit Suisse was asking investors to destroy documents that might expose Russian oligarchs it had done business with to legal risks. One senior relationship manager at a Zurich-based bank agrees. Even as sanctions came in, he says, the dominant approach was to ask, “how can we make this work for the client?” rather than “how do we do this for the government?”. But he defends the approach, saying: “Doing everything you can for your client is a Swiss commitment to excellence. If I was a watchmaker I would want to make the best watches with many complications. And if I was a policeman, then maybe I would want to be the best at catching Russian criminals. But I’m a banker.” There is still legal ambiguity in Switzerland over whether sanctions apply to family members and friends of listed individuals. This has provided a loophole bankers have helped at-risk clients to actively exploit in recent years. Swiss banks have seen “billions” of assets transferred to the names of spouses and children of Russian clients, in a trend that accelerated in the run-up to the war, says one banker. One bank chief executive admitted recently to the FT that there were many “grey areas” in applying sanctions. Part of the problem, he said, was that bank legal departments were struggling to obtain clarity from Bern on which asset transfers were deemed to be evading sanctions and which were not. Many who have been in the industry for a long time decry the new rules they must follow around taking new clients and being certain of the source of their wealth. “Know your customer used to mean just that: do you know the person? Now it is supposed to mean: do you know every little thing about their financial and private life?” says one Geneva-based banker. Many Russians themselves knew the banks were no longer safe havens, particularly since 2018 when Swiss banks began making significant concessions to information sharing on client accounts with other governments. Swiss residency did not protect billionaire Viktor Vekselberg in 2018, for example, when he was targeted by US sanctions; both Credit Suisse and UBS moved to terminate loans with him. The SBA says its members adhere to the highest international standards. Chief executive Jörg Gasser, argues Swiss banks have “no interest in funds of dubious origin” and have rigorous procedures in place to rapidly screen for sanctioned assets. “Swiss banks have been — and still are — very careful and diligent when it comes to accepting client funds,” he says, adding it is important to recognise the huge amount of legitimate business done with Russian entrepreneurs who are not subject to sanctions. For Mark Pieth, emeritus professor of criminal law at the University of Basel and a specialist in white-collar crime, the real story of the past decade is how Switzerland’s lawyers, rather than its bankers, have become the facilitators of hidden foreign money. “Swiss bankers were extremely cosy with Russians in the past,” he says. “Alongside London, this country was the porch for Russians into the west . . . but now I wouldn’t say the problem is so much with the banks — it is all the other intermediaries.” Swiss law gives remarkable sweep to attorney-client privilege, says Pieth, meaning lawyers can refuse to disclose almost anything to the authorities about their clients. The Swiss Bar Association strongly rejects this. “Professional secrecy does not protect against criminal acts,” it says. “Lawyers know the law and know what to do.” One senior industry figure defends the banks’ position unapologetically. He says everybody now wants to know the origins of their luxury jackets. But 10 years ago nobody was asking where they were made, by whom and with what materials. In banking, as in fashion, things have changed, he says, but nobody is haranguing the fashion world in the same way they are criticising banks. Fashion companies, though, have moved with the times and opened up, whereas Switzerland’s banks, for all their insistence on change and compliance, still want to maintain as much of the secrecy surrounding their clients as possible — even at a time of international crisis.  

  • European Energy Security Post-Russia

    Russia is weaponizing energy to prolong its unlawful invasion of Ukraine. Unfortunately, the sanctions that Europe and the United States have put in place have not been enough to curb Russian aggression thus far and the European Union pays Russia almost a billion euros a day for energy resources—mostly gas— that fund the Russian war machine.  Germany, in particular, has struggled to move away from its dependence on Russian gas. At the start of the Russian invasion of Ukraine, Germany imported 55 percent of its gas from Russia. As of June 2022, Russian gas imports had decreased to 35 percent, with a goal to decrease to 10 percent by 2024, but progress is slow and buying any energy from Russia means that Germany continues to fund their unlawful invasion. Dr. Benjamin Schmitt, Research Associate at Harvard University and Senior Fellow at the Center for European Policy Analysis, pointed to the resurgence of Ostpolitik, a German diplomatic theory which seeks to build relationships and spread good governance through trade. First introduced in the Cold War era, Ostpolitik was put into action once more in the early 2000s by former Chancellor Gerhard Schroeder, who became infamous for lobbying for Kremlin-backed projects in office and for sitting on the board of the Russian state-owned energy company, Gazprom, after leaving office. However, Russia attempted to leverage such projects, including the Nord Stream 1 project and its ultimately bankrupted predecessor, Nord Stream 2, to increase the vulnerability of Western Europe toward Russia. According to Dr. Constanze Stelzenmüller, Senior Fellow at Brookings Institution, domestic political will exists in Germany to diversify energy sources, even if most are wary of making those changes immediately. German polling shows that one-third of Germans are willing to cut off Russian gas immediately, while two-thirds would prefer a slow gradual decrease in gas. Dr. Stelzenmüller explained that if Germany were to immediately cut off Russian gas supplies, it is likely that a recession would affect not only Germany, but also many surrounding Eastern European countries, most of which have less capacity to manage a recession. She stated, “Much of [Germany’s] manufacturing supply chains go deep into Eastern Europe. So, a recession in Germany would absolutely produce a massive, and perhaps worse, recession in our neighboring economies.”  Any actions taken against Russia should ensure that sanctions hit Russia harder than those countries imposing the sanctions. Mr. Yuriy Vitrenko, CEO of Naftogaz Ukraine, and Dr. Schmitt also emphasized the importance of the following recommendations outlined in the REPowerEU plan, the European Commission’s plan to make Europe independent from Russian energy before 2030, and the International Working Group on Russia Sanctions Energy Roadmap: Full European/US embargos on Russian gas. Creation of a special escrow account that will hold net proceeds due to Russia until the Kremlin ceases all hostilities. Diversification of energy dependance away from Russia through energy diplomacy that identifies other potential suppliers, like Qatar. Funding and construction of energy infrastructure around Europe. Termination of Gazprom ownership of all critical energy infrastructure in Europe. Designation of Russia as a state sponsor of terrorism, which would automatically trigger secondary sanctions on any country that imports Russian goods. Sanctioning of all Russian banks. Strengthening of Ukrainian capacity to participate in the energy sector through the creation of modern energy infrastructure during the post-war reconstruction period. Pass the Stop Helping America’s Malign Enemies (SHAME) Act, banning former U.S. government officials from seeking employment by Russian state-owned-enterprises, or Schroederization. Related Information Witness Biographies

  • European Energy Security Focus of Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: EUROPEAN ENERGY SECURITY POST-RUSSIA Tuesday, June 7, 2022 2:30 p.m. Watch live: www.youtube.com/HelsinkiCommission The United States and European allies have largely cut Russia out of the global economy following its full-scale invasion of Ukraine. However, given European reliance on Russian natural gas and oil, sweeping energy sanctions have lagged. The European Union spends nearly a billion euros a day on Russian energy, and several EU Member States are struggling to wean themselves off Russian resources in order to implement a full embargo. This hearing will examine plans to create a Europe that is wholly free from Russian oil and gas. Witnesses will discuss the importance of a robust energy embargo to starving the Russian war machine; options to ensure that Ukraine’s energy needs are met; alternative sources of energy for Europe; and the perspective of Germany, which plays an outsize role as the most powerful economy in Europe and a primary consumer of Russian natural resources. The following witnesses are scheduled to participate: Yuriy Vitrenko, CEO, Naftogaz Ukraine Constanze Stelzenmüller, Senior Fellow, Brookings Institution Benjamin Schmitt, Research Associate, Harvard University; Senior Fellow, Democratic Resilience Program at the Center for European Policy Analysis

  • Helsinki Commission Digital Digest May 2022

  • Swiss Release Some Frozen Russian Assets

    The Swiss government on Thursday reported 6.3 billion Swiss francs ($6.33 billion) worth of Russian assets frozen under sanctions to punish Moscow's invasion of Ukraine, a drop from early April as around 3.4 billion francs in provisionally blocked assets were released. The figure marked a decrease from roughly 7.5 billion Swiss francs in funds the government reported frozen on April 7. Government official Erwin Bollinger pointed to fewer funds -- 2.2 billion francs -- newly frozen than those that had been released. read more "We can't freeze funds if we do not have sufficient grounds," Bollinger, a senior official at the State Secretariat for Economic Affairs (SECO) agency overseeing sanctions, told journalists. Pressure has increased on Switzerland -- a popular destination for Moscow's elite and a holding place for Russian wealth -- to more quickly identify and freeze assets of hundreds of sanctioned Russians. read more The U.S. Helsinki Commission, a government-funded independent commission which looks at security, cooperation and human rights issues in Europe, in early May called Switzerland "a leading enabler of Russian dictator Vladimir Putin and his cronies", who the commission said used "Swiss secrecy laws to hide and protect the proceeds of their crimes". The Swiss government rejected the accusations "in the strongest possible terms", while Swiss President Ignazio Cassis had requested the U.S. government "correct this misleading impression immediately" during a telephone call with U.S. Secretary of State Antony Blinken. Swiss banks hold up to $213 billion of Russian wealth, Switzerland's bank lobby estimates, with its two largest lenders UBS (UBSG.S) and Credit Suisse (CSGN.S) each holding tens of billions of francs for wealthy Russian clients. read more Credit Suisse alone froze some 10.4 billion Swiss francs of that money through March under sanctions imposed in connection with the invasion. read more Credit Suisse's reporting did not make clear how much of that money was frozen in Switzerland. While banks and asset managers can provisionally freeze funds, SECO officials on Thursday said funds needed to be released if they could not establish the assets were directly owned or controlled by a sanctioned individual. "The amount of assets frozen is not a measure of how effectively sanctions are being implemented," Bollinger said, adding asset freezes were "by far" not the most important measure in a wide-ranging packet of sanctions. ($1 = 0.9948 Swiss francs)

  • Russia's Swiss Enablers

    Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing examined the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists discussed how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. Related Information Panelist Biographies How the Swiss Law Enforcement Capitulated to the Russians in the Magnitsky Case - Bill Browder

  • Swiss Attacked for Going Easy on Seizing Russian Billions

    The $7.6 billion in Russian assets seized to date by Swiss authorities is “insulting,” outspoken Kremlin critic Bill Browder said at briefing on Russian money in Switzerland.  It’s “a lot of money in absolute terms but Switzerland is one of the main destinations for dirty Russian money,” said Browder. Given the Swiss Bankers Association has said there’s as much as 150 to 200 billion Swiss francs ($202 billion) in Russian assets in the country’s banks “I would almost say it’s slightly insulting,” he said.  Browder, who has also highlighted what he perceives to be Swiss prosecutors’ soft approach to investigating Russian financial crime, called on the U.S. to review its cooperation framework with its Swiss counterparts, during the hearing organized by the Commission on Security and Cooperation in Europe on Thursday. “Based on my experience, it would lead me to believe the Swiss are knowingly turning their head the other way when it comes to some of the other oligarchs,” said Browder. The Swiss government said a month ago it had blocked 7.5 billion Swiss francs ($8 billion) in Russian assets in the country to date, as it issues sanctions that mirror those imposed by the European Union on those seen as close to Vladimir Putin.  That figure represented a jump of 30% from their previous tally two weeks earlier and Swiss officials say the number will continue to rise as more assets hidden behind shell companies or in the names of associated are painstakingly uncovered.  Switzerland surprised the world in early March by departing from its tradition of neutrality and saying it would fully embrace the European Union measures against Russia.  But critics including Browder contend that the country needs to go much further. Read more: Swiss Hunt for Russian Wealth Criticized Despite $6 Billion Haul Erwin Bolliger, the chief of the Swiss Secretariat for Economic Affairs which is enforcing the sanctions, has tried to explain the gap by pointing out that are plenty of legitimately-held Russian investments in Switzerland. “There is merit in Bill’s suggestion to review the law enforcement relations between the U.S. and Switzerland,” said Mark Pieth, a law professor at the University of Basel and corruption expert, said at the hearing. Up until now, Switzerland’s approach to clamping down on dirty Russian money in the country has shown a “lack of courage,” Pieth said.

  • Jewish Democratic Lawmakers Unite in Condemnation of Lavrov's Hitler Remark

     All 25 Jewish Democratic lawmakers in the House of Representatives on Tuesday issued a rare but sharp joint condemnation of Russian Foreign Minister Sergey Lavrov over his comments comparing Ukrainian President Volodymyr Zelenskyy to Adolf Hitler. "The blatant antisemitism in recent comments by Russian Foreign Minister Sergei Lavrov is appalling but sadly not surprising. Lavrov, Vladimir Putin, and the Russian regime are doing everything they can to divert attention from their unprovoked, unlawful invasion of Ukraine and the failings of their military in the face of a heroic Ukrainian response," 24 of the 25 Jewish lawmakers said in a joint statement after the Russian foreign minister said that Hitler also 'had Jewish blood', referring to Zelenskyy's Jewish origins, adding that "the wise Jewish people said that the most ardent antisemites are usually Jews." "Defaulting to antisemitic tropes, including blaming the Jews for the Holocaust and using the Holocaust to cover their own war crimes, reflects the gutless depravity of the Russian regime," they continued, adding that "Lavrov’s remarks on Italian TV were an affront to the memory of the six million Jews murdered by the Nazis, the survivors of the Holocaust, their families and the entire world Jewish community.” Rep. Steve Cohen, who co-chairs the U.S. Helsinki Commission that monitors human rights and international cooperation in the Organization for Security and Co-operation in Europe, issued his own statement, where he decried Lavrov's "stooping to the basest antisemitism." The Tennessee Democrat charged that Lavrov and Russia are "clearly disconnected from reality, morality, humanity and sensitivity," adding that "this level of depravity is consistent with the reprehensible, repugnant and reptilian conduct of Putin's government." The statement is the second such rare showing of joint unity amongst the Jewish House Democrats, who rest across the political spectrum, in the past two months. Their comments follow senior Israeli officials, leading U.S. officials and Jewish leaders offering their own rejection of Lavrov's comments. Russia has since doubled down, with its foreign ministry accusing Israel of supporting neo-Nazis in Ukraine

  • Co-Chairman Cohen Condemns Lavrov’s Antisemitic Comments

    WASHINGTON—In response to Russian Foreign Minister Sergei Lavrov's recent antisemitic comments regarding Ukraine’s president and the people of Ukraine more generally, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement: “In a despicable attempt to justify Russia’s war crimes in Ukraine, including well-documented indiscriminate murders of civilians, including children; torture; and rape of women, children and also men, Lavrov stooped to the basest antisemitism by claiming that Hitler had Jewish heritage and President Zelensky, although Jewish, can still be a Nazi and Ukraine a Nazi state. “By outrageously restating the false and offensive tropes of Holocaust denial and claiming that Jews are the worst antisemites—all while Russian forces commit genocide against the Ukrainian people at the behest of Vladimir Putin—Lavrov and the state he represents show that they are clearly disconnected from reality, morality, humanity, and sensitivity, and that they have no problem embracing the very ideology they claim to rebuke so long as it serves their propaganda. “Comparing President Zelensky to Hitler should be shocking. Unfortunately, this level of depravity is consistent with the reprehensible, repugnant, and reptilian conduct of Putin’s government. Such comments are no longer surprising as we witness Putin’s bloody attempt to destroy the people of Ukraine.” Co-Chairman Cohen, in his capacity as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commission leaders, recently urged the OSCE PA to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide.

  • Helsinki Commission Briefing to Examine Swiss Enabling of Russian Oligarchs

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance  

  • Helsinki Commission Digital Digest April 2022

  • Following in the Footsteps of Tsar Nicholas II

    As Vladimir Putin attempts to turn back the clock to the Russian Empire of the pre-Soviet era, he also adopts a tool of political manipulation used in Imperial Russia—fostering violent extremist organizations as a means to a political end. Tsar Nicholas II used this technique with terrorist organizations like the Union of the Russian People and the Black Hundreds, and Putin follows his example today with the Russian Imperial Movement and Imperial Legion. The Russian Imperial Movement Putin advances his political agenda by allowing the Russian Imperial Movement (RIM)—a white supremacist extremist organization based in St. Petersburg—to freely exist and operate in Russia and beyond. RIM holds ultranationalist and monarchist views and believes in two pillars of authority: the political power of the tsar and the spiritual power of the Russian Orthodox Church. The U.S. State Department labeled RIM a Specially Designated Global Terrorist entity in April of 2020, making them the first white supremacist extremist organization to receive the title. RIM received the designation due, in part, to their paramilitary training course, Partizan. The course—ostensibly teaching survival skills, marksmanship, and hand-to-hand combat—functions as RIM’s citizen-to-terrorist pipeline. Attendees have gone on to join RIM’s paramilitary unit, the Imperial Legion, and fight alongside pro-Russian separatists in Ukraine. And Russians are not the only ones enrolling. In 2016, two members of Sweden’s largest neo-Nazi organization, the Nordic Resistance Movement, bombed a café and a migrant center and attempted to bomb a refugee center in Gothenburg, Sweden. The subsequent investigation discovered that the bombers were trained at Partizan. RIM has attempted to broaden its network beyond Europe. American neo-Nazi Matthew Heimbach, former head of the Traditionalist Workers Party, met with RIM representatives, and RIM offered paramilitary training to organizers of the 2017 “Unite the Right” rally in Charlottesville, Virginia. There are also reports that members of the Imperial Legion fought in conflict areas in Syria and Libya. The Russian Imperial Movement is vocally anti-Putin, decrying him and his regime. Despite this criticism and RIM’s monarchist beliefs, Putin has been lenient toward the group and allows it to operate as long as its attention remains turned away from domestic politics. Though reinstatement of a tsar remains a foundational pillar of RIM’s doctrine, it is not their main selling point. Dr. Anna Kruglova, a lecturer in Terrorism Studies at the University of Salford, finds RIM’s large web following surprising “since the group has a relatively narrow agenda—monarchist ideas are not particularly popular in Russia as only 8 percent of Russian people would want monarchy restored, according to one poll.” RIM’s appeal for potential members and Putin himself lies in its vicious ethno-nationalism. RIM demands that Russia maintain influence over all territories where ethnic Russians reside, particularly in Ukraine. For instance, Partizan-trained Russians fought alongside pro-Russian separatists in Ukraine in 2014 as members of the Imperial Legion. In the words of Denis Gariev, an instructor at Partizan, “We see Ukrainian-ness as rabies. A person is sick. Either quarantine, liquidation, or he’ll infect everyone.” Putin also values RIM as a tool to sow discord in the West. RIM supports and collaborates with other white supremacist extremist organizations, even in the United States, and trains individuals like the Swedish NRM bombers. RIM is convenient for Putin: it poses no real threat as a monarchist organization yet benefits his attempts to colonize Ukraine and destabilize the West. The Union of the Russian People The Union of the Russian People (Soyuz russkovo naroda, or SRN) was a right-wing, fanatically anti-Semitic political movement active in the 1900s. They came to prominence in the wake of the Russo-Japanese war. After the Russian Empire’s devastating defeat, there was such discontent and domestic unrest that strikes and mutinies flooded the empire, forcing Tsar Nicholas II to enact constitutional reforms. This moment, known as the 1905 Revolution, left the Russian Empire shaken and greatly polarized. Fears that the imperial system would collapse led to a rise in reactionary extreme right-wing ideologies and groups, one of which was SRN. Members of SRN and its paramilitary branch, the Black Hundred, were fervent monarchists and bore the colors of the Romanov family—the reigning imperial dynasty in Russia from 1613 to 1917—as their insignia. They also had deep ideological connections with the Russian Orthodox Church and identified Jews as the source of all evil in Russia. From 1905 to 1906, the Black Hundred carried out relentless pogroms, killing hundreds of Jews across the Russian Empire. The ruling class at the time held mixed opinions on SRN, ranging from hesitance to fanaticism. Lower-ranking officials viewed the Black Hundred’s pogroms as a convenient way to keep Jewish and ethnic minority populations in their place. The tsar called them a “shining example of justice and order to all men.” SRN was a convenient political tool for the tsar. Tsar Nicholas II believed anti-Semitism united people behind the government, and that Jewish capitalism and Jewish socialism were revolutionary forces that threatened his regime. In this way, SRN and the Black Hundred, while too radical for many members of the Duma and the public, served the tsar’s political interests. Utilizing extremism as a political weapon is not a new tool in Russia’s repertoire. As Putin harkens back to a grand Imperial history and conducts brutal military invasions into former Soviet states, like Ukraine, and political invasions of others, like Belarus, he demands comparison to the power-grasping techniques of the past. As Tsar Nicholas II’s grip on power loosened with civil unrest in the Russian Empire, he supported extremism to preserve his regime. Putin repeats this pattern today as he lets the Russian Imperial Movement and the Imperial Legion train neo-Nazis to wreak havoc and terror in the West.

  • Debunking “Denazification”

    By Worth Talley, Max Kampelman Fellow​ On February 24, 2022, Russian dictator Vladimir Putin announced a “special military operation” to “demilitarize and denazify” Ukraine—in reality, a Russian invasion designed to subjugate the democratic, peaceful people of Ukraine. When the news broke, Helsinki Commission Co-Chairman Rep. Steve Cohen immediately decried the statement. “Like Mr. Zelensky, I am Jewish; Nazis kill Jews,” he said. Putin’s claim of “denazification,” not only patently false, borders on incoherent to a Western audience, which immediately links Nazism with antisemitism and the Holocaust and thus understands the “denazification” of a country led by a Jewish president to be impossible.   The real nature of Putin’s claim is clear: it is a fallacious attempt to drum up domestic support for his war of aggression in Ukraine designed to resonate with a Russian audience. Putin draws on the Soviet myth of the Great Patriotic War in an attempt to validate his invasion and to obscure the true nature of his war—an attack on Ukrainian identity—under the guise of a mission against Nazism. Within this historical footing, Russians can accept the “denazification” of Ukraine precisely because the myth, like other holdovers from Soviet policy, deemphasizes antisemitism’s connection to Nazism and reimagines Nazism primarily as an attack on Soviet and Russian identities, not Jewish ethnicity. The Great Patriotic War World War II occupies a central place in Russian historical memory. The Russian conception of the Great Patriotic War has existed in multiple formulations since the defeat of Nazi Germany, but it consistently centers the role of the Soviet people in defeating Nazism, placing equal emphasis on Soviet victory and on the suffering and sacrifices of the Soviet people. In fact, the Great Patriotic War begins in 1941—rather than 1939—with Nazi Germany’s invasion of the USSR under Operation Barbarossa. The fact that the Great Patriotic War is the term commonly used for World War II by Russians obscures the nature of Russian involvement in the war prior to 1941. This state-sponsored narrative eschews a nuanced understanding of Soviet participation in the Second World War, particularly of the Molotov-Ribbentrop Pact and of the Soviet atrocities committed in Poland and the Baltics during that period of non-aggression between the 1939 pact and the 1941 Nazi invasion of the Soviet Union. The Law Against the Rehabilitation of Nazism, signed into law by Putin in 2014, effectively criminalizes speech regarding these Soviet actions. As the Great Patriotic War emphasizes Soviet anguish, it glosses over the suffering of Jews and other minorities and even the Holocaust itself. Soviet policy historically downplayed the centrality of the Holocaust by centering a collective, Soviet suffering over a particular, Jewish one. Furthermore, denouncing the antisemitic core of Nazism would have directly contradicted the Soviet Union’s own state-sponsored antisemitism. The Holocaust, particularly the millions of deaths that occurred in Soviet territory, was written off in Soviet historical narratives as a crime against the (ethnically ambiguous) Soviet citizenry. For example, the Soviet memorial at Babyn Yar—a site in Kyiv, formerly in the Soviet Union, where 33,000 Jews were murdered by Nazi troops and Ukrainian collaborators over the course of two days—featured an inscription to the “peaceful Soviet citizens” that died there, insinuating that the site formed part of a collective, Soviet suffering rather than acknowledging it as a site of antisemitic genocide. The myth of the Great Patriotic War thus classifies the actions of Ukrainians who collaborated with the Nazis—such as Stepan Bandera and the Organization of Ukrainian Nationalists—primarily as a crime against the Soviet people, with the antisemitic actions and beliefs of these Ukrainians nationalists occupying a secondary—or altogether irrelevant—level of importance. Nonetheless, the collaboration of some Ukrainian nationalists with Nazis during World War II has allowed the Kremlin, through a peculiar melding of myth and reality, to conflate Nazism with the very development of Ukrainian national identity (though, of course, Ukrainian national identity is not synonymous with Nazism, nor did it only begin to develop during the Second World War). Language Laws and Russian Rhetoric As Ukraine has distanced itself from Russian political influence, establishing a distinct national identity has become of a question of greater importance—particularly considering the stifled development of such an identity under the Soviet Union. Putin’s current, baseless, claims of genocide against Russian speakers in Donetsk and Luhansk occur against the backdrop of Ukrainian language laws, which make Ukrainian the country’s sole official language and set forth requirements for the use of Ukrainian in education and media. The most recent of these laws, passed in 2019, was met with harsh criticism from Maria Zakharova, a spokeswoman of the Russian Ministry of Foreign Affairs, who termed it “a law of forced Ukrainization,” and with skepticism from Volodymyr Zelensky, then the president-elect of Ukraine and himself a native Russian speaker. In an earlier reaction to such legislation, Zakharova claimed that “Ukraine uses language genocide on a state level,” echoing the rhetoric of genocide now used by the Kremlin to justify its invasion. Zakharova’s statements recall Soviet policy against Ukrainian national identity. Her use of the term “Ukrainization” echoes the use of the same term under Stalin in a 1932 decree to combat the growth of Ukrainian language and culture (i.e. “Ukrainization”). This decree was issued during the beginning of Holodomor—the genocide against Ukrainians, which began as an unintentional famine yet was retooled by Stalin to deliberately kill millions of Ukrainians. In this sense, contemporary Kremlin claims of “Ukrainization” and “language genocide” toward Russian speakers in Ukraine recall Stalin’s policies of both cultural and literal genocide directed at Ukrainians and Ukrainian national identity. Now, through the distorted lens of the Great Patriotic War and other Soviet policy, the Kremlin misrepresents the development of Ukrainian national identity as a crime against Russian speakers. Analysis of this historical manipulation, however, lays bare the reality of the war as an act of flagrant aggression committed against Ukrainians intended to destroy their culture and identity.

  • Lawmakers strike bipartisan note to condemn Putin, call for more sanctions

    In a show of unity, Republican and Democratic lawmakers swiftly condemned Russia’s military attack against Ukraine and vowed to inflict economic pain on President Vladimir Putin by imposing a torrent of punishing new sanctions. Sen. Marsha Blackburn, R-Tenn., said she wants Russia cut off from the SWIFT international banking system. Sen. Lindsey Graham, R-S.C., called on international law enforcement to target Putin and his allies by seizing their “lavish apartments, fine art, yachts” and other items.  And Sen. Thom Tillis, R-N.C., said the U.S. must continue to send financial support and arms to Ukraine as it defends itself against Russia.  “Today’s invasion of Ukraine by Russia is a premeditated and flagrant act of war,” said Sen. Jim Risch of Idaho, the top Republican on the Foreign Relations Committee. “These are not the actions of a proud nation and people, but the actions of a desperate man whose only desire is to sow chaos in order to make himself look strong.” His Democratic counterpart, Senate Foreign Relations Chairman Bob Menendez of New Jersey, said Putin’s “unprovoked attack” has underscored the need to blacklist the Russian president and “expel the current Kremlin leadership from the international community.” “Today must mark a historical shift in how the world views and deals with the despot in Moscow,” Menendez said. The flurry of statements and tweets from Capitol Hill came moments after Putin declared Thursday local time in a national televised address that Russia was launching a military operation to support the “demilitarization and denazification” of eastern Ukraine. Explosions could be heard in cities across the country, including in the capital of Kyiv, where emergency sirens sounded. For the most part, Democrats and Republicans struck a bipartisan note, pressing Biden to go further in sanctioning Russia but reserving their fury for Putin. “Following news of Putin’s further invasion of Ukraine with enormous concern and anger,” tweeted Sen. Ted Cruz, R-Texas, typically a vocal critic of Biden. “The US will stand with our Ukrainian allies, continue to provide them with arms to defend themselves, and work to counter Putin and hold accountable those responsible for this aggression.” Rep. Steve Cohen, D-Tenn., who tweeted that he was attending a meeting of the Organization for Security and Cooperation in Europe's Parliamentary Assembly, said he was "listening to Russian lies about their support of Ukrainian people." He questioned how Putin could claim that he wants to "de-Nazify" Ukraine when the country's president, Volodymyr Zelenskyy, is Jewish. "Putin is a wild dog and won’t stop at Ukraine. Hitler didn’t stop at the Sudetenland. Learn from history!" Cohen tweeted. "The United States and all NATO must immediately provide as much military support as possible to the Baltic countries, to Poland, and other allies at risk." And the top Republicans on the House Foreign Affairs, Armed Services and Intelligence committees also took direct aim at Putin. “The last few hours have laid bare for the world to witness the true evil that is Vladimir Putin. …” Reps. Mike McCaul, R-Texas, Mike Rogers, R-Ala., and Mike Turner, R-Ohio, said in a joint statement. “Every drop of Ukrainian and Russian blood spilled in this conflict is on Putin’s hands, and his alone.” Sen. Bill Cassidy, R-La., tweeted, "Russia has just become a pariah nation. Everything short of involving US forces should be done to punish this action. This should be unrelenting." Yet there were a handful of Republicans who placed the blame for the Russian attack at Biden’s feet. “Joe Biden has shown nothing but weakness and indecision,” said Sen. Josh Hawley, R-Mo., who’s considered a possible 2024 presidential candidate. “Now is the time to show strong purpose. Sanction Russia’s energy sector — the engine of its economy — to its knees and reopen American energy production full throttle.” Sen. Bill Hagerty, R-Tenn., a former ambassador to Japan, tweeted that Biden's strategy to prevent a war had failed. "Despite Ukrainian President Zelensky’s persistent call for pre-invasion sanctions, the Biden Administration chose to do nothing until it was too late and must now change course," he wrote. In a statement, Biden said Putin had “chosen a premeditated war” and vowed to unilaterally impose another round of crippling sanctions on Russia on Thursday, just two days after he had targeted Putin with an initial tranche of sanctions. But any congressional action on sanctions will have to wait until at least next week when both House and Senate lawmakers return from their Presidents Day recess.  In the meantime, top Biden administration officials, including Secretary of State Antony Blinken and Defense Secretary Lloyd Austin, are planning to hold an unclassified phone briefing for senators Thursday on the developments in Ukraine.  That will be followed by a separate briefing for House lawmakers. House Speaker Nancy Pelosi and other top Democrats have been comparing Putin’s military incursion to Adolf Hitler’s military advance during World War II, the last time there was a major war in Europe.  “This is a momentous and tragic day when once again we see a dictator in Europe try to remake the map of Europe by using its military power,” House Intelligence Chairman Adam Schiff, D-Calif., said on MSNBC’s “The Last Word with Lawrence O’Donnell.”

  • Chairman Cardin, OSCE participating States Commit to Countering Anti-Semitism at Annual Conference in Warsaw

    By Ryn Hintz, Paulina Kanburiyan, and Worth Talley, Max Kampelman Fellows, and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE On February 7 – 8, 2022, the OSCE’s Polish Chair-in-Office organized a high-level conference in Warsaw on Combating Anti-Semitism in the OSCE Region with the support of OSCE’s Office for Democratic Institutions and Human Rights (ODHIR). During the event, government officials, experts, civil society organizations, and the private sector underscored the ongoing threat that anti-Semitism poses not only to Jewish communities, but to democracy everywhere, and the shared responsibility to fight it. In a series of exchanges with experts over two days, more than 100 participants from over 25 countries unilaterally condemned anti-Semitism, Holocaust denial, discriminatory prohibition of religious practices, and other manifestations of prejudice against the Jewish community. They also discussed innovative history education, youth engagement, and legislative responses to foster Jewish life. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance, opened the event by underscoring the need for sustained, coordinated action to end the pervasive anti-Semitism plaguing the OSCE region. “Although recalling the Holocaust is painful, it seems as if we have not fully learned our lesson,” he said. Law Enforcement: A Partner in Combating Hate Speech and Scapegoating OSCE Personal Representative on Combating Anti-Semitism Rabbi Andrew Baker led a session where panelists highlighted the rise in anti-Semitic hate speech, scapegoating, and conspiracy theories since the onset of the global pandemic. Participating States then shared effective national policies and strategies, including best practices of partnering with law enforcement. Addressing Anti-Semitism Online: A Shared Responsibility OSCE Advisor on Combating Anti-Semitism Mikolaj Wrzecionkowski moderated a discussion on steps the private sector, civil societies and governments can take to combat the spread of anti-Semitism online, including actively challenging anti-Semitic algorithms and hashtags, appointing points of contact to address concerns about anti-Semitic content, and promoting educational initiatives among young people, educators, and companies to increase media literacy. The United Kingdom’s Special Envoy for Post-Holocaust Issues, Rt. Honorable Lord Eric Pickles, again underscored the importance of joint action. “At a time of distortion and contempt for our fellow human beings, we need to be able to see our own faces in the faces of strangers,” he stated. Beyond Combatting Anti-Semitism: The Need to Actively Foster Jewish Life Dr. Felix Klein, Federal Government Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism, led a discussion on the challenges and successes of states, cities, and societies in fostering vibrant Jewish communities to both resist the spread of anti-Semitism and uplift Jewish history, culture, and tradition. Panelists shared examples of initiatives to restore cemeteries and monuments, open museums, and compile educational and cultural resources online. Rabbi Pinchas Goldschmidt, President of the Conference of European Rabbis, illustrated the interconnectivity between fostering Jewish life and democracy by discussing recent legislative backlash against Jewish religious practices like circumcision and kosher preparation of meals, further stressing that regulations on these practices must not be prohibitive and should be formed in collaboration with Jewish communities. The Centrality of Education to Address Anti-Semitism and Anti-Roma Discrimination A session moderated by Kishan Manocha, ODIHR’s Head of the Tolerance and Non-Discrimination Department, highlighted the importance of new and innovative education initiatives to address root causes of anti-Semitism and anti-Roma discrimination. Panelists highlighted the need for cross-cultural exposure to combat anti-Semitic and anti-Roma attitudes and build greater connections between those inside and outside Jewish and Roma communities. Policymakers noted the ability to use interactive and digital tools to address histories of discrimination, related not only to the Holocaust but also to Jewish history and contributions to culture and the world. Despite advancements, participants acknowledged that challenges remain: online courses suffer from low completion rates and some curricula address the subject of anti-Roma discrimination only tangentially.  Panelists agreed that addressing anti-Roma discrimination also requires a holistic, inter-curricular approach that builds upon knowledge both of the genocide of Roma and Sinti, and of their histories and cultures. To close the conference, Plenipotentiary of Poland’s Ministry Foreign Affairs, Ambassador Paweł Kotowski called on participants to continue their important work to defeat anti-Semitism and anti-Roma discrimination.

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