Urging Passage of H. Res. 310

Urging Passage of H. Res. 310

Hon.
Christopher H. Smith
United States
House of Representatives
114th Congress
First Session
Wednesday, July 08, 2015

Madam Speaker, this week, the world pauses to remember and reflect on the Srebrenica genocide, horrific acts of brutality, wanton cruelty, and mass murder committed in Srebrenica beginning July 11, 20 years ago.

This week, we pause to honor those brave Bosniaks who suffered and died, victims of genocide. This week, the people in the United States and men and women of goodwill throughout the world again extend our deepest condolences and respect to the mothers and surviving family members who have endured unspeakable sorrow and loss that time will never abate. And this week, the international community must recommit itself to justice, once and for all, for those who perpetrated these heinous crimes.

Today, Ratko Mladic and Radovan Karadzic are incarcerated, awaiting final disposition of their cases before the International Tribunal for the former Yugoslavia for multiple counts of genocide, crimes against humanity, and violations of laws and customs of war.

Twenty years ago, Madam Speaker, an estimated 8,000 people were systematically slaughtered by Bosnian Serb soldiers in the United Nations-designated “safe haven” area of Srebrenica. They killed Muslim women and children, but especially sought out and murdered adult males in that area.

These brutal killings were not committed in battle. They were committed against people who were unarmed and helpless and who had been repeatedly assured by Dutch peacekeepers that they would not be harmed if they surrendered.

The evidence is overwhelming that the executions were committed with the specific intention of destroying the Bosnian Muslim population of that area. This intention is the central element in the crime of genocide.

The U.N. peacekeeping forces in Srebrenica were charged with enforcing Security Council Resolution 836, which had pledged to defend the safe areas with “all necessary means, including the use of force.”

But when the moment of truth came, the U.N. forces offered only token resistance to the Serb offensive. Their military and political commanders had redefined their primary mission not as the protection of the people of Srebrenica, but as the safety of the U.N. forces themselves.

When Bosnian Serb Commander Ratko Mladic threatened violence against the blue- helmeted soldiers here is the way one of those soldiers described the reaction. And I quote him: ‘‘everybody got a fright. You could easily get killed in such an operation. As far as I knew, we had not been sent to Srebrenica to defend the enclave, but, rather, as some kind of spruced-up observers.’’

So that is what the peacekeepers became: observers to genocide. Soon they became something more than observers: enablers. On July 13, the Dutch blue-helmet battalion handed Bosnian Muslims who had sought safety within the U.N. compound over to the Serbs. They watched as the men were separated from the women and children, a process which was already well known in Bosnia—it was at the time—as a sign that the men were in imminent danger of being executed. These men were never heard from again.

At one congressional hearing I chaired in March of 1998—and I had six of them— Hasan Nuhanovic, the indigenous translator working for the U.N. peacekeepers in Srebrenica, testified. He was there in the room. Hasan lost his family in the genocide. He was there when Mladic and the commanders of the Dutch peacekeepers talked about the terms.

Here is what he told my panel, in part:

“On July 12, the day before the fall of Srebrenica, the Bosnian Serb Army commander, General Ratko Mladic, requested a meeting with the Dutchbat commander, Lieutenant Colonel Karemans, and local representatives of Srebrenica in the nearby town of Bratunac outside the enclave . . . During the meeting, Mladic assured the Dutch and local delegation that no harm would come to the refugees in Potocari . . .

“Upon returning to the camp, three local representatives are ordered by Dutchbat deputy commander, Major Franken, to prepare a list of all males, all men and boys between the ages of 16 and 65 among the refugees inside and outside the camp. The list of the males among the 6,000 inside the camp was completed the same day . . .

“On July 13, the Dutch ordered 6,000 refugees out of the Potocari camp. The Serbs were waiting at the gate, separating all males from the women and children. Major Franken stated that all the males whose names were on the list would be safe . . . I watched my parents and my brother being handed over to the Serbs at the gate. None of them have been seen since.

“I want to explain here that the people hoped that the Dutch were going to protect them, the U.N. peacekeeping troops and all other members of all other organization who were present in Srebrenica who were inside the camp, the people hoped that they would be protected, but the Dutch soldiers and officer gave no other option to the refugees but to leave. So the refugees inside were told to leave without any other choice. My family was told on the evening of 13 July that they should leave. About 6 p.m., there were no more refugees inside the camp.

“I don’t know if this is the topic of the meeting or hearing, but the same night the Dutch soldiers had a party inside the camp because they received two or three trucks full of beer and cigarettes. They played music while I was sitting, not knowing what happened to my family.”

As he went on to say later, they had all been slaughtered.

In July of 2007, Madam Speaker, I visited Srebrenica, where, together with my good friends President Haris Silajdzic and the Grand Mufti of Bosnia, Reis Ceric, I spoke at a solemn memorial service and witnessed the internment of hundreds of wooden coffins of newly discovered victims of the genocide.

It was a deeply moving experience to see 12 years then after the genocide— now it is 20 years—families still grieving loved ones whose bodies were being identified, often miles from the killing sites, as Serb forces, trying to hide the evidence of their crimes, moved the bodies of their victims.

For the record, 10 years ago—in 2005— the House of Representatives overwhelmingly passed H. Res. 199, which I authored, which clearly and unambiguously condemned the Srebrenica massacre for what it was: genocide.

That resolution was a landmark in the recognition of the Srebrenica massacre as a genocide. Two years later the verdict of the International Court of Justice found the same, in confirming the ruling of the International Criminal Tribunal for the former Yugoslavia.

Today the international community is nearly unanimous when it proclaims that the Srebrenica massacre was a genocide. The resolution today, of course, supports that as well.

Astonishingly, Madam Speaker, there are some genocide deniers. That is why this resolution condemns statements that deny that the massacre at Srebrenica constituted genocide. Just last weekend Milorad Dodik, the president of Republika Srpska, asserted that the Srebrenica genocide is a lie.

Madam Speaker, just as it is doing in Ukraine, Russia is utilizing misinformation and historical revisionism in an attempt to destabilize Bosnia and the Balkan region. Today Russia vetoed a British U.N. Security Council resolution that reaffirms that Srebrenica was a genocide.

Russia has encouraged Serbia itself to protest the resolution and emboldened genocide denialism in the Republika Srpska, one of Bosnia’s two constituent entities.

Madam Speaker, this resolution also encourages the administration to fulfill other neglected responsibilities. In particular, it urges the Atrocities Prevention Board to study the lessons of Srebrenica and issue informed guidance on how to prevent similar incidents from recurring in the future.

As you may know, the Atrocities Prevention Board is a U.S. interagency committee established by the administration in 2012 to flag potential atrocities. However, since its creation, the board has been marked by inaction and a complete lack of transparency.

This is unacceptable, especially as conflicts with disturbing parallels to Bosnia before the genocide continue to fester in Syria, the Central African Republic, Burma, and in Burundi.

Africa, in particular, would stand to benefit from a more active board. The conflict in Burundi is currently at a tipping point, and it absolutely needs attention. 

Madam Speaker, despite the need for much greater atrocities prevention in U.S. policy, there have been many promising developments in the Balkan region, and this needs to be underscored.

In particular, I would note that Serbia today is not the Serbia of the Slobodan Milosevic era. That era was marked by nationalist aggression against neighboring countries and peoples, as well as considerable repression at home.

One of those who testified at one of my hearings on Serbia, Curuvija, a great young leader, was murdered on the second day after our bombing began by Serbian people. And the persons who did that have now been held to account. So what has happened there—thankfully, there have now been significant changes in Serbia.

I want to thank my colleagues. I do hope we will have a strong show of support for this resolution.

I reserve the balance of my time.

Relevant countries: 
Leadership: 
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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “THE WESTERN BALKANS: PERSPECTIVES FROM OSCE FIELD MISSIONS” Wednesday, November 1, 2017 10:00 AM Senate Visitors Center Room 202 Live Webcast: www.facebook.com/HelsinkiCommission Since the outbreak of the conflicts associated with Yugoslavia’s break-up in the early 1990s, the Organization for Security and Cooperation in Europe (OSCE) and its field missions have been a central part of the international community’s response. Early OSCE efforts to counter the spillover effects of those conflicts were followed by ongoing assistance in post-conflict recovery and reconciliation. Today, OSCE field missions continue to exist in virtually every country of the region. They encourage the reform and cooperation essential to the long-term stability of the region through activities that broadly support democratic institutions and governance, particularly to strengthen rule of law; programs to promote integration of minority communities, especially Roma, and to counter violent extremism, and more; and regular reporting to the OSCE Secretariat and participating States. The briefing features three Americans who currently hold, or have recently held, senior positions on the OSCE Missions deployed in Bosnia and Herzegovina, Macedonia, and Serbia, reflecting the importance which the United States attaches to having an OSCE presence in countries of concern.  Panelists will comment on developments in those countries during their assignment, the efforts undertaken by their respective missions to assist those countries, and the effectiveness of the OSCE as a multilateral tool for enhancing stability and promoting reform.  An OSCE official will also participate on the panel to comment on the organization’s field work from the Secretariat perspective, and the challenges not only to OSCE field activity in the Western Balkans but throughout the OSCE region. The following experts are scheduled to participate: Ambassador Jonathan Moore, former Head of the OSCE Mission to Bosnia and Herzegovina (2014-2017) Mr. Jeff Goldstein, Deputy Head of the OSCE Mission to Skopje (2016-present) Mr. Michael Uyehara, former Deputy Head of the OSCE Mission to Serbia (2014-2017) Ambassador Marcel Peško, Director of the Conflict Prevention Centre, OSCE Secretariat (2015 – present)

  • The Rule of Law: Justice for the Bytyqi Brothers

    By Robert Hand, Policy Advisor From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. OSCE commitments recognize that adherence to the rule of law is essential to democratic governance and to ensuring respect for human rights and fundamental freedoms. They also emphasize the importance of providing justice in cases of criminal acts which egregiously violate human rights and fundamental freedoms. Justice not only punishes the perpetrator of the crime; it also brings closure to the victim or surviving family and friends, and it allows the society in which it took place to move forward. The Murder of the Bytyqi Brothers Ylli, Agron, and Mehmet Bytyqi were all United States citizens, born near Chicago, Illinois, to ethnic Albanian parents from Kosovo.  (Previously an autonomous province of Serbia within the former Yugoslavia, Kosovo has been an independent state since 2008.) The three brothers, all in their 20s, responded to the brutality of the 1999 Kosovo conflict by joining the so-called “Atlantic Brigade” of the Kosovo Liberation Army.  Hostilities ceased in June of that year, following a NATO air campaign designed to stop Serbian forces from repressing the local population and committing atrocities.  About two weeks later, the Bytyqi brothers agreed to escort an ethnic Romani family, who had been neighbors of the Bytyqi family in Kosovo, to a place of greater safety.  Dressed in plain clothes and unarmed, the brothers accidently strayed across an unmarked administrative border and were arrested by the Serbian police.  They were jailed for two weeks for illegally entering the country.  Rather than being released, Ylli, Agron, and Mehmet Bytyqi were instead placed in the custody of a special operations unit of the Serbian Ministry of Internal Affairs and taken to a training facility where all three were murdered.  Two years later, their bodies were found with hands bound and gunshot wounds to the back of their heads, buried atop an earlier mass grave of approximately 70 murdered Kosovo civilians. Justice Denied While an investigation reportedly continues, no individual has been found guilty – or even charged – for the murder of the Bytyqi brothers.  Senior U.S. officials and Members of Congress, including several serving on the Helsinki Commission, repeatedly have urged that action be taken by Serbian authorities, including war crimes prosecutors in regard to this case; a resolution to that effect is pending in the U.S. House of Representatives.  While serving as Prime Minister from 2014 to 2017, Serbian President Aleksandar Vucic promised quick action on several occasions, both in public gatherings and in private meetings with the Bytyqi family.  Recently, however, he has reportedly criticized those who remind him of his promises or who express concern about the close connections the leading suspect in the case, former Interior Ministry official Goran “Guri” Radosavljevic, has with the ruling Serbian Progressive Party. The execution-style murder of Ylli, Agron, and Mehmet Bytyqi was clearly an extrajudicial act committed by government forces, a horrific crime like so many committed by the Serbian regime of Slobodan Milosevic throughout the 1990s.  The surviving Bytyqi family, currently residing in New York state, has asked for nothing more than bringing those responsible to justice. U.S. Government officials have also called for justice in a case of the three murdered U.S. citizens, even as they otherwise express support for Serbia and its European aspirations. Human rights groups in Serbia have joined the call for justice, including as a way to distance their country from a period in its recent past marked by aggressive nationalism and egregious human rights violations on a massive scale. All that remains if for Serbian authorities to take the action promised by their political leaders.            

  • Political Participation and Ethnic Division in Bosnia and Herzegovina

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. While denial of equal opportunities for all citizens to participate in the political life of their country is a concern in many OSCE countries, the ethnic restrictions in the constitution of Bosnia and Herzegovina which deny Bosnian citizens the right to run for certain political offices is perhaps the most blatant example of this problem among the OSCE participating States. Download the full report to learn more.

  • The 2017 Human Dimension Implementation Meeting: An Overview

    Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.  Each year, three special topics are selected for a full-day review.  2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”  This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

  • 2017 Trafficking in Persons Report – the OSCE Region

    Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims.  This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.  Trafficking victim identification and care is critical for proper management of refugee and migrant flows.  In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018.  The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions.  Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year.  This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case.  It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers.  Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so.  Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report.  Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List.  Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan.  States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year.  In recent years the report has also included an assessment of the United States.   Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

  • Chairman Wicker Meets with Valentin Inzko, High Representative for Bosnia and Herzegovina

    On May 16, Austrian diplomat Valentin Inzko, the international community’s High Representative for Bosnia and Herzegovina since 2009, met with Senator Roger F. Wicker, Chairman of the U.S. Helsinki Commission.  Dr. Inzko was visiting Washington for consultations with the U.S. Administration and Members of Congress, prior to reporting to the United Nations Security Council on his work later in the week. The High Representative updated the Senator on the ongoing challenges in implementation of the 1995 Dayton Agreement, which ended a horrific conflict that began in Bosnia in April 1992.   He indicated that nationalist sentiment continues to divide the country.   As a result, efforts to achieve the country’s disintegration take place simultaneous to efforts to achieve the country’s integration into Europe.  Inzko urged that the United States continue to actively engage in Bosnia and Herzegovina, noting U.S. credibility among local stakeholders and the European Union’s challenges in achieving any real progress on its own.  Senator Wicker recalled the major U.S. commitment to Bosnia in the immediate post-Dayton period and asked what policy options are available today.   Among the items discussed were the need to maintain active U.S. diplomatic representation in Bosnia, as well as the potential impact of sanctions or other actions against obstructionist political leaders.  In January, the United States applied sanctions on Milorad Dodik, President of the Republika Srpska entity in Bosnia and Herzegovina, for obstructing Dayton implementation, thereby threatening the sovereignty and territorial integrity of the country. At a Commission hearing the next day on Russia's military threat to Europe, similar concerns were raised as expert witnesses indicated the Western Balkans were in “Russian crosshairs” to influence and destabilize. Russian influence is most visible in Serbia but also in Macedonia and Bosnia. It is particularly strong in the Republika Srpska entity, encouraging Dodik to pursue a secessionist agenda. Russian involvement in the attempted coup in Montenegro last October was also noted, just as the country was in the process of acceding to NATO. Through successive leaderships, the U.S. Helsinki Commission has been at the forefront of congressional efforts to support Bosnia and Herzegovina, not only in line with the terms of the 1995 Dayton Agreement but in compliance with the principles and provisions of the 1975 Helsinki Final Act and subsequent commitments of the OSCE.

  • The Helsinki Process: A Four Decade Overview

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

  • Smith and Eshoo Reintroduce Emergency Bill to Help Genocide Survivors

    WASHINGTON—Following his December 2016 mission to Erbil in the Kurdistan region of Iraq to meet with Christian survivors of ISIS genocide, Rep. Chris Smith (NJ-04), along with his Democratic colleague Rep. Anna Eshoo (CA-18), today reintroduced their bipartisan legislation to provide emergency relief to survivors of genocide and ensure accountability for perpetrators. The Iraq and Syria Genocide Emergency Relief and Accountability Act (H.R. 390) is an enhanced version of the Smith-Eshoo bill (H.R. 5961) they introduced in 114th Congress. “The reintroduction of this bill is timely because just last month I saw in Iraq the lack of humanitarian aid for Christian genocide survivors. These genocide survivors told me the United States and global community had abandoned them. They are at-risk from freezing winter temperatures and require emergency help,” said Smith. “Tens of thousands of Christian genocide survivors in Iraq and Syria need our help now and it is essential that emergency humanitarian aid for the survivors be provided,” said Rep. Eshoo. “I thank Chairman Smith for his passionate leadership on this issue and I look forward to working with him and all my colleagues in Congress to quickly move this aid package and bring relief to those who continue to suffer.” The Syriac Orthodox Archbishop of Mosul, Nicodemus Sharaf, who had to seek refuge in Erbil from ISIS, told Smith, “We are the last people to speak the Aramaic language. Without help, we are finished.” The Chaldean Catholic Archdiocese of Erbil invited Smith to Erbil and has been supporting more than 70,000 Christians who escaped ISIS – almost 1/3 of the 250,000 Christians remaining in Iraq – with food, shelter, and medical care. It also serves Yezidis and Muslims displaced by ISIS. The Archdiocese has had to rely entirely on donations from organizations like the Knights of Columbus and Aid to the Church in Need. “Because the U.S. Government and United Nations have so far failed to support this life-saving work of the Archdiocese of Erbil, these Christian genocide survivors continue to hang on the edge between life and death,” added Smith.  Among its key provisions, H.R. 390 directs the U.S. Administration to: Support entities that are effectively serving genocide survivors in-country, including faith-based entities; Support entities that are conducting criminal investigations into perpetrators of genocide, crimes against humanity and war crimes in Iraq and Syria; Create a “Priority Two” (“P-2”) designation that Christians and other genocide survivors from religious and ethnic minority communities are of “special humanitarian concern to the United States” and therefore able to access an overseas application interview for the U.S. Refugee Admissions Program without needing a referral from the UN; Vet P-2 refugee applicants like any other Iraqi or Syrian refugee applicant and not admit them to the U.S. unless they have cleared this vetting; Assess and address the humanitarian vulnerabilities, needs, and triggers that might force survivors to flee their homes; Identify warning signs of deadly violence and other forms of persecution against genocide survivors from vulnerable religious and ethnic minority communities, or against other members of these communities, in Iraq or Syria; Identify gaps in U.S. law so that the American justice system can prosecute foreign perpetrators of genocide, crimes against humanity, or war crimes present in the U.S., as well as any Americans who commit such crimes; Encourage foreign countries to add identifying information about suspected perpetrators of such crimes to their security databases and security screening. The other original 15 cosponsors are Rep. Mark Meadows (R), Rep. Juan Vargas (D), Rep. Pete Sessions (R), Rep. Dan Lipinski (D), Rep. Jeff Fortenberry (R), Rep. Louise Slaughter (D), Rep. Trent Franks (R), Rep. Robert Pittenger (R), Rep. Gus Bilirakis (R), Rep. Randy Hultgren (R), Rep. Randy Weber (R), Rep. David Trott (R), Rep. Sean Duffy (R), Rep. Jody Hice (R), and Rep. Barbara Comstock (R).   Background The Smith-Eshoo bill is supported by many groups, including the Knights of Columbus, Family Research Council, In Defense of Christians, 21st Century Wilberforce Initiative, Commission for International Justice and Accountability, HIAS, Aid the Church in Need USA, Open Doors, A Demand for Action, Yezidi Human Rights Organization International, Religious Freedom Institute, Christian Solidarity Worldwide, and Syrian Accountability Project, and Civitas Maxima. It is also supported by all the former US Ambassadors-at Large for War Crimes, David Scheffer (1997-2001), Pierre Prosper (2001-2005), Clint Williamson (2006-2009), and Stephen Rapp (2009-2015), as well as the Founding Chief Prosecutor of the Special Court for Sierra Leone, David Crane; Director of the Center for Religious Freedom Nina Shea; and the author of Defying ISIS, Rev. Johnnie Moore. Since 2013, Rep. Smith has chaired nine congressional hearings on atrocities in Iraq and Syria, including one titled The ISIS Genocide Declaration: What Next? and another titled Atrocities in Iraq and Syria: Relief for Survivors and Accountability for Perpetrators. He authored the bipartisan H. Con. Res 121, which the House passed overwhelmingly and calls for the formation of an ad hoc tribunal for perpetrators of crimes against humanity and war crimes in the Syrian conflict. Smith also authored with Eshoo the bipartisan, historic Frank Wolf International Religious Freedom Act (H.R. 1150), which the President signed into law. Smith and Eshoo also introduced H.R. 5961, the forerunner to H.R. 390. Just before Christmas, Smith traveled to the Erbil area of Kurdistan region of Iraq to meet with Christian genocide survivors and visit a camp for 6,000 displaced Christians, managed and supported by the Archdiocese of Erbil. He also met with Christian leaders; non-governmental organizations; and officials from the U.S., countries like Hungary and Poland that are proactively supporting assistance to Christian genocide survivors, and the United Nations. Christians have lived in Iraq since the 1st century and there were as many as 1.4 million in 2002. Sectarian violence and targeting of Christians reduced their presence to 500,000 by 2013, the year before ISIS started its genocide against them. At the end of 2015, less than 250,000 Christians remained in Iraq.

  • Hearing Addresses Genocide, War Crimes Driving Refugee Crisis in OSCE

    WASHINGTON—At a hearing convened today by Helsinki Commission Chairman Rep. Chris Smith (NJ-04), witnesses unanimously expressed support for Chairman Smith’s recently introduced Iraq and Syria Genocide Relief and Accountability Act of 2016 (H.R. 5961), bipartisan legislation that provides relief to victims of genocide, crimes against humanity, and war crimes in Iraq and Syria, and accountability for perpetrators.   “The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Chairman Smith. “Displaced genocide survivors cannot pay for food, medicine, or shelter with words from Washington,” Chairman Smith continued.  “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor.” Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.” “The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.” “The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.” Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.” “The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.” “There is nothing unconstitutional, illegal, unethical or unprofessional about prioritizing their right to survival as a community,” Anderson added, referring to Christian and other communities that face extinction in Iraq and Syria. Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.” “It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. “It is clear, however, that Christians and other religious minorities have become a target for brutality at the hands of the non-state actor ISIS, and that they are fleeing for their lives, and that far too few of them have been attaining U.S. resettlement.” USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chair Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09). In 2013, ISIS began its brutal campaign of extermination and expulsion in Syria, expanding to Iraq in 2014. Many of those who survived these atrocities have been joining the flood of refugees streaming out of the region to Europe and other areas of safety. Resolving their plight is a key component to helping address the refugee crisis and has been of intense interest to countries in the OSCE region.

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