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Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act
A How-To Guide
Thursday, May 24, 2018

The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them.

Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned.

Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions.

As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice.

Download the full guide to learn more.

Contributor: Paul Massaro, Policy Advisor

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  • Steven Schrage Appointed Helsinki Commission Executive Director

    WASHINGTON—Rep. Joe Wilson (SC-02), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the appointment of Dr. Steven P. Schrage as Helsinki Commission Executive Director. “The Helsinki Commission welcomes Dr. Steven Schrage to its already impressive team. His rich foreign policy experiences and academia background with the State Department, White House, Congress, Duke, Harvard, Cambridge University, Johns Hopkins School of Advanced International Studies (SAIS) as well as other institutions, make him uniquely qualified to lead the Commission as Executive Director. “I welcome Steven’s ideas and insights to further compliment the Commission’s mission, and look forward to working closely with him,” said Chairman Joe Wilson. “I am honored to join Chairman Wilson’s Helsinki Commission team and help support his long and impressive work to advance American interests and cooperation abroad,” said Schrage. “With the largest war in Europe since World War II and new global challenges facing America and our allies, there has never been a more critical time for the Commission on Security and Cooperation in Europe’s mission.” Schrage has previously served as Co-Chair of the G8’s Crime and Terrorism Group and Deputy Assistant Secretary of State, where he oversaw over $2 billion in global assistance and operations and over 2000 personnel after 9/11. Beginning days after the start of Russia’s 2022 invasion of Ukraine, Schrage spent much of the last year volunteering and researching border and human security challenges on the Ukraine-Poland border.  He also served in the executive branch as a Senior Advisor in the Office of the U.S. Trade Representative, and as the Foreign Policy Director and in other headquarters policy roles for major presidential campaigns. Schrage has considerable Congressional experience as a Senate Chief of Staff, International Trade Counsel for the Ways and Means Committee, and on the policy team of the Speaker of the House. His first day at the Commission was March 13, 2023

  • Helsinki Commissioners re-introduce Ukrainian Genocide Resolution in the House and Senate

    Today, Helsinki Commission Ranking Member Rep. Steve Cohen (TN-09), Chairman Rep. Joe Wilson (SC-02), Commissioners Rep. Marc Veasey (TX-33), Rep. Richard Hudson (NC-09), Rep. Emmanuel Cleaver (MO-05) along with Reps. Sheila Jackson Lee (TX-18), Lloyd Doggett (TX-37), Bill Keating (MA-09), Maria Elvira Salazar (FL-27), Marcy Kaptur (OH-09), Mike Quigley (IL-05), Bill Pascrell (NJ-09), André Carson (IN-07), Brendan Boyle (PA-02), introduced a resolution condemning Russian actions in Ukraine as a genocide under applicable international laws in the 118th Congress.   The resolution was also re-introduced in the U.S. Senate on February 16th by Helsinki Commission Co-Chair Senator Ben Cardin (MD) and Senator Jim Risch (ID). Commissioners Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Richard Blumenthal (CT) as well as Senators Lindsey Graham (SC), Michael Crapo (ID), Tim Kaine (VA), Rick Scott (FL), Amy Klobuchar (MN), Shelley Moore Capito (WV), Joe Manchin (WV), John Barrasso (WY), Patty Murray (WA), Marco Rubio (FL), and Todd Young (IN) joined Sens. Cardin and Risch as original co-sponsors.    The resolution calls on the United States, along with NATO and EU allies, to support the government of Ukraine, support tribunals and investigations on Russian war crimes, use the Global Magnitsky sanctions on those responsible, and describes the substantial and significant evidence of Russia’s systemic actions to eliminate Ukrainians. The Commission applauds this vital resolution to hold Russia accountable for their atrocities.   For more information click here. The resolution was first introduced in the 117th Congress in the House of Representatives by Helsinki Commission Ranking Member Rep. Steve Cohen and Chairman Joe Wilson, along with Commissioners Marc Veasey, Richard Hudson, and Representatives Brian Fitzpatrick and Marcy Kaptur, along with companion legislation in the Senate by Helsinki Commission Co-Chair Sen. Ben Cardin and Sen. Jim Risch. 

  • Steadfast Support for Ukraine: United States Delegation Hosts Ukrainian and Partner Country Parliamentarians on the Margins of the OSCE Parliamentary Assembly

    WASHINGTON – Today, the United States Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), led by Senator Ben Cardin (MD), met with Mykyta Poturaiev, Ukraine’s Head of Delegation and additional representatives of the Ukrainian Rada in Vienna, Austria, along with the Heads of Delegation of Canada, Estonia, France, Latvia, Poland, and the United Kingdom. On the eve of the one-year anniversary of Russia’s full-scale invasion of Ukraine, the parliamentary leaders in attendance pledged their sustained and steadfast support for Ukraine to counter Russian aggression:  “We will continue to stand with Ukraine for as long as it takes to restore Ukraine’s territorial integrity and sovereignty over its 1991 borders. A year after Russia’s unprovoked full-scale invasion of Ukraine, we recommit to combining our efforts to redress this injustice and hold Russia to account for its crimes, including by seeking its suspension from the Parliamentary Assembly (PA). We further urge the PA to host annual sessions and meetings in OSCE participating States prepared to block the participation of Russia’s representatives. We will not allow Russia’s reprehensible propaganda to go unchallenged at the OSCE PA or any other international forum. The world must hold Russia accountable for its aggression and for the war crimes, crimes against humanity, and acts of genocide it is committing against the people of Ukraine. All of us are committed to the recovery and reconstruction of Ukraine and seek restitution from Russia to this end.  “To the people of Ukraine: as you suffer Russia’s attacks on your cities and fight the aggressor in the battlefield, know that you are never alone in your courageous struggle for a secure and democratic future. As missiles rain down and the lights go out, and as you mourn all those you have lost, we mourn with you and share your fight for Ukrainian victory. You have our admiration and above all, our gratitude, as we remain resolutely at your side in solidarity and partnership.”  Joining U.S. Head of DelegationSenator Ben Cardin were delegation members Helsinki Commission Chairman Rep. Joe Wilson (SC-02), Ranking Member Rep. Steve Cohen (TN-09), Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-09), Rep. Marc Veasey (TX-33), and Representatives Sheila Jackson Lee (TX-18) and Lloyd Doggett (TX-37).  The Ukrainian delegation consisted of Mr. Mykyta Poturaiev, Head of Delegation; Mr. Artur Gerasymov, Deputy Head of Delegation, Mr. Pavlo Frolov, Ms. Irina Gerashchenko, Ms. Evgeniia Kravchuk, and Ms. Nataliia Pipa.  Heads of delegations present included Dr. Hedy Fry (Canada), Mr. Sven Sester (Estonia), Mr. Didier Paris (France), Mr. Rihards Kols (Latvia), Ms. Barbara Bartuś (Poland), and Sir John Whittingdale (United Kingdom). 

  • Helsinki Commission Chair and Co-Chair: Statement on Bakhtiyar Hajiyev

    WASHINGTON—Following reports of the sharp deterioration of Azerbaijani dissident Bakhtiyar Hajiyev, Helsinki Commission Chairman Rep. Joe Wilson (SC-2) and Co-Chairman Sen. Ben Cardin (MD) issued the following joint statement: “We are absolutely appalled at the continued unwarranted detention and mistreatment of Azerbaijani civil activist Bakhtiyar Hajiyev, who has been imprisoned on trumped up charges and is facing a precipitous decline in his health as he continues his hunger strike. His sentencing by the Azerbaijani regime is not only completely disproportionate to the allegations raised against him, but also not the first time he has been harassed, detained, and subjected to abuse as a result of his justifiable activism.  “Azerbaijan has been an important U.S. partner and crucial for energy opportunities in the world, but our international relationships rely in no small part on the mutual recognition of basic principles of human rights. This is true for Mr. Hajiyev as well as numerous other political prisoners. “We join our colleagues in the Administration and in Europe in urging Azerbaijani authorities to ensure Mr. Hajiyev’s humane treatment and human rights, and return to its internal and external obligations under the Helsinki Principles."

  • Helsinki Commissioners Announce Re-Introduction of HARM Act

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

  • Helsinki Commissioners Announce Re-introduction of Combatting Global Corruption Act

    On Tuesday, Helsinki Commissioners Rep. Steve Cohen, Rep. Joe Wilson, and Senator Ben Cardin re-introduced the Combatting Global Corruption Act in both the House and Senate, along with Rep. Bill Keating, Rep. Maria Elvira Salazar and Senator Todd Young. This bipartisan, bicameral legislation formally designates combatting global corruption as a key U.S. national security concern. It would require the State Department to identify corruption in countries around the world and publicly rank their levels of corruption in a three-tiered system. For more information click here. The Combatting Global Corruption Act was first introduced in the 117th Congress. Commission Chairman Senator Ben Cardin and Senator Todd Young introduced the Act in the Senate, along with companion legislation in the House of Representatives, led by Rep. Tom Malinowski and Rep. Maria Elvira Salazar. Helsinki Commission Co-Chairman Rep. Steve Cohen, Commissioner Rep. Emmanuel Cleaver, Rep. Dan Crenshaw and Rep. Dean Phillips are original co-sponsors of the legislation. 

  • Standing with Russia, or staying silent, protects genocide

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

  • Saving Ukraine's Children

    Ukraine’s children are suffering serious injury and trauma due to Russia’s genocidal war on Ukraine. Almost two-thirds of the country’s children have been displaced. Thousands have been injured and, although UNICEF has said more than 1,000 children have been killed, that number is likely much higher as there is no reliable way to verify how many civilians have been killed in the most decimated areas of Ukraine, like Mariupol, where, for example, Russian forces bombed a theater housing hundreds of civilians despite clear markings that children were present. And in addition to its immediate danger, the effects of war on children could have lasting consequences. Many Ukrainian children have witnessed unimaginable violence, including the murders of their own parents or family members. They have had to endure the stress of almost constant bombardment, in fear for their safety. Others have experienced hunger, cold, and weeks spent hiding in wet, frigid basements without daylight or fresh air and without sanitation or healthcare. Disruptions to education may never be fully recovered. Ukrainian children are also being forcibly taken to Russia and put up for adoption into Russian families in an apparent effort to assimilate them, a practice that genocide scholar Timothy Snyder has said could be considered genocide under the 1948 Genocide Convention. The U.S. State Department has said Russian authorities have deliberately separated Ukrainian children from their parents during so-called “filtration” procedures and abducted others from orphanages before putting them up for adoption inside Russia and estimated that the number may be as high as 260,000. Unaccompanied minors are also vulnerable to falling prey to human trafficking.

  • Congress Wants to Boot Russia From U.N. Security Council

    Two U.S. lawmakers heading up an independent U.S. government human rights watchdog have introduced a resolution that calls on President Joe Biden to boot Russia from the United Nations Security Council, just days before the Kremlin’s flagging full-scale invasion of Ukraine is set to hit its 10-month mark.  The bipartisan Helsinki Commission, which called on U.S. Secretary of State Antony Blinken to protest Russia’s standing as a permanent Security Council member in October, wants Congress to argue that Russia’s war has violated the “purposes and principles of the United Nations” and asks U.S. government agencies to take steps to limit Russia’s privileges at the U.N., though it gives the administration some free rein to determine how it might act.   In the congressional resolution shared with Foreign Policy, Reps. Steve Cohen and Joe Wilson said that Russia had committed “flagrant violations” of the U.N. Charter that call into question its right to hold a Security Council seat, including the illegal annexation vote in four Ukrainian oblasts, the perpetration of atrocities in Ukrainian cities such as Bucha, nuclear saber-rattling, and creating risks to the world’s food supply.  Ukraine has also advocated for Russia to be removed from the council, though experts remain skeptical that such efforts will work. The U.N.’s governing charter doesn’t contain any provisions for removing a permanent member of the Security Council. While countries can be removed from the United Nations altogether, doing so would require a two-thirds majority vote in the General Assembly, including the consent of the council itself. “Russia would have to agree to it, and it’s just not going to happen,” said Louis Charbonneau, U.N. director with Human Rights Watch. China is also unlikely to agree to such a precedent.  Though House resolutions are not binding law, the move solidifies thinking both on Capitol Hill and within the Biden administration about how to curb Russian influence in Turtle Bay. The resolution pushes forward a previous effort from the Helsinki Commission—which was created in 1975 as part of a U.S. law that solidified the brief detente between the United States and the Soviet Union—calling on the State Department to initiate a process to strip Russia’s seat on the top U.N. body. One idea, backed by the commission as well as some legal scholars, seeks to challenge Russia’s status as the heir of the Soviet Union’s seat at the Security Council. As one of the initial signatories of the treaty that founded the Soviet Union, alongside Russia and Belarus, Kyiv could make a convincing claim to be the only successor state of the Soviet Union not to have flagrantly violated the principles of the U.N. Charter and issue credentials for one of its own diplomats to take the seat. As deciding on credentials is a procedural matter, it would only require nine of the 15 members of the council to vote in support of Ukraine, Thomas Grant, a senior research fellow at the University of Cambridge, has noted.  The feasibility of such a plan remains a subject of debate. And three decades after Russia took over the Soviet Union’s seat, challenging such precedent could also prove to be an uphill battle. “You’re looking at three decades of recognition of Russia in this place,” Charbonneau said.  But Russia’s long-standing intransigence, along with the full-scale invasion of Ukraine, has gotten both the United States and Ukraine to begin thinking about alternatives to diminish Moscow’s influence. Speaking at the U.N. General Assembly in September, Biden called for reforms of the Security Council, including the possibility of adding more permanent and nonpermanent members, such as for countries in Africa, Latin America, and the Caribbean. The United States also succeeded on Wednesday in ousting Iran from a United Nations panel on women’s rights.

  • THE ALARMING RISE IN ANTISEMITISM AND ITS THREAT TO DEMOCRACY

    In response to a rise in antisemitism in the United States and abroad, the Helsinki Commission held a hearing on December 13, 2022, featuring experts on preventing and combatting it. Witnesses testified about current development and how best to respond, as well as reinforced the important role of multilateral cooperation. In an increasingly global world where antisemitism can spread rapidly online, witnesses stressed that every country has a responsibility to combat anti-Semitism, as it has serious implications for democracy. Opening the hearing, Helsinki Commission Chairman Sen. Ben Cardin (MD) expressed his alarm at the shocking rise of antisemitic speech and attacks in recent years in both the United States and Europe. Popular entertainers and public figures such as rapper and producer “Ye,” formerly Kanye West, have spread antisemitic tropes to their followers on social media or through public statements. Antisemitic disinformation and conspiracy theories proliferated in connection with the COVID-19 pandemic. He said that statements by public figures and online disinformation not only serve to normalize prejudice and discrimination, but they also can incite extremism and violent attacks. President Putin has even tried to justify Russia’s brutal invasion of Ukraine through perversely antisemitic statements claiming the invasion was an effort to “de-Nazify” the country, notwithstanding its Jewish president. He highlighted the destructive role of disinformation and the importance of educational programs, calling for a unified strategy to combat antisemitism across government and society: “We must speak out loudly and clearly against antisemitism when it occurs. As leaders, we must lead and fight against hate. We cannot allow antisemitism or any type of prejudice or intolerance to be normalized,” he said. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) raised questions about the cause of the recent increase in antisemitism. Ranking Member Rep. Joe Wilson (SC-02) condemned the rise of antisemitism around the world, highlighted the important work the U.S. Helsinki Commission and the OSCE have done to combat it, and called on countries to take more action: “... it is clear what I stated last week, that antisemitism cannot be tolerated in any situation or under any circumstances.  I’m very concerned by the rise of antisemitic incidents over the past several years, both in the United States and Europe.”  Rep. Ruben Gallego (AZ-03) expressed his disgust at the alarming rise of antisemitism in the United States and Europe, raising concerns about Holocaust denial and securing places of worship: “It seems that every day and every week there’s another bomb threat at a Jewish day school, another discovery of antisemitic graffiti spraypainted on a college campus, or, at its worst, a shooting at a synagogue.”  Rep. Marc Veasey (TX -33) inquired about what Congress should do in response to the rapid acceleration of antisemitism and extremism online: “We know that century-old antisemitic tropes are being increasingly mainstreamed and normalized due, in part, to social media and the amplification of problematic individuals.”  Senator Richard Blumenthal (CT), discussed how to improve hate-crime legislation as well as how to come to terms with the history of antisemitism in the United States: “One of the innovations that we included in hate-crimes legislation was to give judges the option in sentencing to require that the convicted defendant, the perpetrator, perform acts of community service that put him or her in direct – in direct contact with the community who was the victim of the hate crime." Senator Rosen (NV) described how she co-led a bipartisan and bicameral letter signed by 126 members of Congress calling on President Biden to develop a unified national strategy to monitor and combat antisemitism: “I’m proud to say, just last night [Dec. 12, 2022] the White House heeded our call, announcing the formation of an interagency task force to combat anti-Semitism and Islamophobia. And its first order of business is to develop a national strategy to combat anti-Semitism." She also outlined specific actions that the United States must pursue including addressing online antisemitism, allocating increased resources to provide physical security for Jewish institutions, educating students about the Holocaust and anti-Semitism, improving hate crimes data collection and reporting, and advancing a whole-of-government approach to combat this issue. Ambassador Deborah Lipstadt, U.S. Special Envoy to Monitor and Combat Antisemitism at the U.S. State Department reiterated the importance of international coalition building and multilateral institutions in coordinating responses to antisemitism. She highlighted that antisemitism is often inextricably linked to prejudice and violence against other groups and religions: “Antisemitism is not a niche issue. It’s not just about helping or protecting Jews. As you entitled this hearing, it’s also a danger to democracy. Jews are the canary in the coal mine. If something is – if anti-Semitism is manifesting itself, other hatreds cannot be far behind." She also mentioned positive international developments, specifically in the Middle East such as Abraham Accords, and described how countries are starting to rethink their attitudes about antisemitism. Rabbi Andrew Baker, Personal Representative of the OSCE Chairman-in-Office on Combating Antisemitism as well as Director of International Jewish Affairs at the American Jewish Committee (AJC), described the steps OSCE governments should take to better tackle this issue. He emphasized the importance of accurate data collection, securing Jewish community buildings, and expanding Holocaust education in Europe. He also described that preventing the spread of antisemitism online is perhaps the most difficult part of the problem to solve: “We are outnumbered and out-funded by the social media giants. Content monitors are no match for algorithms designed to push grievance as the basic business model.” Members brought several concerns and questions to witnesses about the source of the recent rise of antisemitism, the importance of Holocaust education, how best to allocate resources to secure religious and community spaces, the value of differentiatng among different types of hate crime, and how to halt the rapid spread of antisemitism online. For more information, please contact Janice Helwig, Senior Policy Advisor, at Janice.Helwig@mail.house.gov  

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

    By Janice Helwig, Senior Policy Advisor, Demitra Pappas, Senior Advisor Department of State, Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to OSCE   Foreign Ministers and senior officials from the 57 participating States and 11 Asian and Mediterranean partners of the Organization for Security and Cooperation in Europe (OSCE) convened the OSCE Ministerial Council in Lodz, Poland on December 1-2. While the OSCE Ministerial is held annually, this year’s meeting was atypical, due to its taking place amid the greatest crisis in European security since World War II, namely Russia’s full-scale invasion of Ukraine. States Accuse Russia and Belarus of Violating Principles, Stand with Ukraine Polish-Chairman-in-Office, Foreign Minister Zbigniew Rau in his opening remarks pointedly blamed Russia for destroying the security order and attempting to undermine the Organization. Russia’s full-scale invasion of Ukraine in February, abetted by Belarus, violated each of the politico-military, democratic, human rights, and economic and environmental commitments enshrined in the 1975 Helsinki Final Act, an agreement that underpinned European security for nearly 50 years. Most fundamentally, the Lodz Ministerial underscored participating States’ desire to return to the founding principles of the OSCE - the Helsinki Final Act – and to call out Russia’s violation of each. Participating State after participating State took the floor to reaffirm their OSCE commitments and to call Russia to account.  Russia was entirely isolated, with only Belarus attempting, pathetically, to deflect blame on others for “corroding” the spirit of Helsinki. At each instance, participating States overwhelmingly reaffirmed their support for OSCE principles and denounced Russia’s war of aggression on Ukraine, declared solidarity with Ukraine, and demanded accountability for war crimes, the crime of aggression, and violations of international humanitarian law. Participating States also voiced strong support for the work of the OSCE’s autonomous institutions, including the Office for Democratic Institutions and Human Rights and the Representative of the Freedom of the Media in particular, whose mandates and funding are often in Russia’s crosshairs. Many participating States also noted the importance of the three “Moscow Mechanism” reports issued this past year to document Russia’s violations of international humanitarian law in Ukraine and its repression of human rights at home. A joint statement delivered by Finland on behalf of 42 other participating States condemned Russia’s atrocities in Ukraine and called for perpetrators to be held accountable. OSCE Parliamentary Assembly President Margareta Cederfelt advocated establishing a high-level body to assess reparations from Russia. Two other aspects of the Ministerial were unique. Absent were the annual negotiations among participating States on decisions designed to enhance existing commitments on cooperative security, which the Polish Chair assessed as unfeasible due to Russian intransigence. Also absent was Russian Foreign Minister Lavrov, against whom Poland took a principled stand to exclude from attending. OSCE Continued Work in 2022, Despite Russia’s Objections States also used their interventions to welcome OSCE’s development of new approaches in 2022 with regard to sustaining its human rights work and presence in Ukraine to overcome Russia’s attempts to undermine the Organization.  In the years leading up to the Ministerial, Russia had increased its abuse of OSCE’s consensus-decision making to block the Organization’s budget, to close OSCE’s three field missions in Ukraine, and to prevent the convening of OSCE’s signature, annual human rights conference, the Human Dimension Implementation Meeting (HDIM). Yet despite its concerted efforts, Russia failed to block OSCE’s human rights work or eradicate its work in Ukraine. “On the contrary,” as U.S. delegation head, Undersecretary of State Victoria Nuland observed in Lodz, the OSCE “has said no to Moscow’s efforts to divide it, to paralyze it, to destroy it.” Nuland added, the Organization has emerged “even stronger, more flexible, more resilient” under Poland’s stewardship and that of Secretary General Helga Maria Schmid.   After Russia blocked the HDIM, the Polish Chairmanship convened the Warsaw Human Dimension Conference (WHDC) in September, conducting a full review of human rights commitments with the participation of more than one thousand governmental and civil society representatives in attendance. In November, the Secretariat stood up a donor-funded “Support Programme Ukraine” which reestablished an OSCE presence in the country. These are examples of how the OSCE has continued to promote Helsinki principles and deliver programming in spite of Russia’s attempts to undermine it. Side Events, Civil Society Parallel Conference Seek to Close Russia’s “Accountability Gap” A range of side events amplified concerns of participating States and civil society regarding the terrible human toll of Russia’s war and the need for accountability. The first side event explored the increased risk of human trafficking among Ukrainian citizens fleeing the conflict and the illegal abduction and forced adoption of Ukrainian children in Russia. The establishment of a Group of Friends on Children in Armed Conflict was also announced. A side event moderated by Ukrainian Foreign Minister Dmytro Kuleba outlined various means to hold Russia accountable for atrocities committed in Ukraine, including providing support to the Ukrainian Prosecutor General’s Office and to the International Criminal Court through the collection evidence of crimes and aiding in investigations. Minister Kuleba strongly advocated for the establishment of a Special Tribunal to prosecute Russia’s crime of aggression and received broad support. An event featuring Belarusian opposition leader, Sviatlana Tsikhanouskaya and other activists drew renewed attention to the plight of thousands of political prisoners in Belarus and called for the invocation of another Moscow Mechanism report to document ongoing human rights violations by the government of Belarus. Civic Solidarity Platform (CSP), a regional association of human rights civil society organizations, hosted its annual Parallel Civil Society Conference on November 30 which likewise called on participating States to ensure accountability for perpetrators of war crimes and other atrocities in Ukraine.  In response to CSP’s long-standing call for closer collaboration between the OSCE and civil society, North Macedonia, which assumes the Chairmanship of OSCE in 2023, committed to appoint a Special Representative on Civil Society Organizations. Looking Ahead to 2023: North Macedonia Despite Russia’s isolation, its war against Ukraine continues even as Poland plans to pass the leadership of the Organization to North Macedonia as of January 1, 2023. As the incoming Chairman-in-Office, Foreign Minister Bujar Osmani pledged that North Macedonia’s tenure “will be guided by strict observance of OSCE principles and commitments.” He further stressed the cooperative nature of regional security, noting, “Safeguarding OSCE values and respect for international law must be a shared priority. This is of utmost importance. Rebuilding trust and engaging in meaningful dialogue presupposes full compliance with the agreed OSCE commitments and principles. We all have to be accountable for our actions. This is the formula for the way forward.”     

  • Helsinki Commission Announces Hearing on Crowdsourcing Victory for Ukraine

      WATCH LIVE                                                                                                                                  CROWDSOURCING VICTORY Inside the Civil Society Campaign to Improve the Lethality and Survivability of the Ukrainian Military   Wednesday, December 7, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 A unique aspect of Ukraine’s decentralized defense has been the rise of civil society organizations marshalling grassroots support for the Ukrainian war effort and humanitarian response. Unlike the USO or care packages Americans send our overseas troops, NGOs are effectively serving as the quartermaster for Ukraine’s troops, supplying tactical gear such as commercial drones, night and thermal vision optics, encrypted radios, and body armor. In many cases, these organizations have supplied this war-winning gear in greater volumes than Ukraine’s government itself, freeing agencies like the Ministry of Defense to focus on securing advanced weapons systems from Western suppliers. These civil society organizations exemplify the total mobilization of Ukrainian society at levels that have only been seen in the West during the Second World War. The hearing will examine logistical and regulatory challenges that often stymie efforts to surge needed gear to the front and will identify policy options for Washington and Brussels to declutter and harmonize an export framework that was never intended for a massive land war in Europe. It will also seek to answer the question of why frontline units with advanced Western weaponry still lack battlefield essentials such as combat optics, secure communications, and vehicles needed to transport casualties from the red zone to hospitals in the rear. The following witnesses are scheduled to testify: Dora Chomiak, President of U.S.-based NGO Razom for Ukraine Taras Chmut, Director of the Ukraine-based foundation Come Back Alive Serhiy Prytula, Founder and Chairman of the Ukraine-based Prytula Charity Foundation   Jonas Öhman, Founder and Head of the Lithuania-based NGO Blue/Yellow for Ukraine    

  • Helsinki Commission Briefing on Russia's Genocide in Ukraine

        Helsinki Commission Co-Chairman Rep Steve Cohen joined a panel of four experts moderated by Helsinki Commission Senior Policy Advisor Michael Cecire to discuss Russia’s genocide in Ukraine. The four panelists included Dr. Timothy Snyder, Richard C. Levin Professor of History at Yale University; Ms. Maria Kurinna, Ukrainian human rights activist and international advocacy advisor at ZMINA; Dr. Eugene Finkel, Kenneth H. Keller Associate Professor of International Affairs at Johns Hopkins University; and Dr. Erin Rosenberg, Senior Legal Advisor, Mukwege Foundation; Visiting Scholar, Urban Morgan Institute for Human Rights. The panelists unanimously agreed that Russia's  invasion of Ukraine meets the definition of the term genocide as defined by the Genocide Convention. According to that definition, genocide occurs when any of the following acts are committed with the “intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such”: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births withing the group; Forcibly transferring children of the group to another group According to Snyder, Russia is unambiguously committing the five types of crimes outlined in the Genocide Convention. However, Russia’s clear statements of genocidal intent in its public statements and the media make it a unique case from a historical perspective. Kurinna spoke to her family’s experience in Luhansk and underscored how Ukrainians are being targeted with death threats and torture for supporting the Ukrainian national identity. She emphasized the importance of identifying Russia’s actions as a genocide distinct from other violations of international law, such as war crimes and mass killings. She called on the US to lead other democracies in labelling Russia’s actions as a genocide. Finkel added that words matter, and the decision to label Russia’s actions in Ukraine as a genocide has political, legal, historical, and moral significance. He stated that we have a moral imperative to stop the genocide that is currently happening and decide whether we are serious about genocide happening “never again.” Rosenberg concluded the panel portion of the briefing with an analysis of the genocide from an international law perspective. She asserted that Russia’s actions do qualify as genocide under the genocide convention and that the Ukrainian nationality is a protected group. However, she added that genocidal intent must be tied to a desire to destroy the group physically or biologically, not just culturally. Further, Rosenberg delineated the unique roles of the US Congress and executive branch under the genocide convention and stressed that while the US must take action to declare Russia’s actions a genocide, it should not seek to reproduce judicial processes when doing so. During the Q&A, the panelists stressed the need to understand Russia’s genocide in Ukraine in a global context and described the precedents that action – or inaction – will set for international security in the decades to come.    

  • Russia's Genocide in Ukraine

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

  • Congressmen Cohen and Wilson Introduce Resolution Recognizing International Day of Political Prisoners

    WASHINGTON – Congressman Steve Cohen (TN-09), Co-Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Commission’s Ranking Member, Congressman Joe Wilson (SC-02), today introduced a resolution recognizing October 30 as International Day of Political Prisoners. Congressman Cohen was recently named the Special Representative on Political Prisoners by the Organization for Security and Cooperation in Europe’s Parliamentary Assembly and has been speaking out and calling attention to the treatment of an estimated 1 million political opponents, dissidents, academics, human rights activists, journalists and others worldwide imprisoned for their commitment to democracy and transparency. The resolution calls attention to repressive regimes engaged in “systematic destruction of independent voices, including but not limited to the Russian and Belarusian Governments.”  It clarifies that October 30 was chosen because on October 30, 1974, “Soviet human rights activists and dissidents initiated the idea of marking the day of political prisoners in the USSR and consequently held a hunger strike that day while in jail.” The measure also says that the U.S. House of Representatives “deplores all forms of political repression and imprisonment” and supports State Department efforts to call attention the problem. See the entire resolution here.

  • Congressmen Cohen and Wilson Introduce Resolution Recognizing International Day of Political Prisoners

    WASHINGTON – Congressman Steve Cohen (TN-09), Co-Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Commission’s Ranking Member, Congressman Joe Wilson (SC-02), today introduced a resolution recognizing October 30 as International Day of Political Prisoners. Congressman Cohen was recently named the Special Representative on Political Prisoners by the Organization for Security and Cooperation in Europe’s Parliamentary Assembly and has been speaking out and calling attention to the treatment of an estimated 1 million political opponents, dissidents, academics, human rights activists, journalists and others worldwide imprisoned for their commitment to democracy and transparency. The resolution calls attention to repressive regimes engaged in “systematic destruction of independent voices, including but not limited to the Russian and Belarusian Governments.”  It clarifies that October 30 was chosen because on October 30, 1974, “Soviet human rights activists and dissidents initiated the idea of marking the day of political prisoners in the USSR and consequently held a hunger strike that day while in jail.” The measure also says that the U.S. House of Representatives “deplores all forms of political repression and imprisonment” and supports State Department efforts to call attention the problem. See the entire resolution here.

  • Helsinki Commission Condemns Putin's Attacks on Civilians and Declaration of Martial Law

    WASHINGTON—In light of Vladimir Putin’s continuing terror attacks on Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Russia’s dictator Vladimir Putin has no right, or military ability, to claim swathes of Ukraine’s territory as part of Russia, including areas that Ukrainian forces have recently liberated. Attempting to declare martial law in these areas is a cynical ploy to legitimize the illegitimate, to make real the unreal, and paves the way for further Russian terror and genocide against the Ukrainian nation. “This month’s widespread and deadly strikes on civilian targets—including apartment buildings, playgrounds, and energy facilities and other critical infrastructure—demonstrate a desperate effort to conceal the Kremlin’s ongoing military collapse and to break the will of the Ukrainian people. But Ukrainians’ resolve will not waver, nor will our commitment to their freedom. “We will continue to support Ukraine in every way we can so that they can defend themselves and the democratic ideals we share. And we will call this war what it is—Russia’s genocidal, imperial conquest against a free people.”

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

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

  • Decolonizing the Russian Empire

        Russia’s war of conquest in Ukraine has shocked the world for its brutality and aggression. But the Kremlin’s violent designs in Ukraine, and other military adventures in the Caucasus and Eastern Europe, are part of a larger and longer legacy of Russian imperialism that directly threaten its neighbors and imprison a multitude of nations within its authoritarian empire. This side event explores the destructive effects of Russian imperialism and how the unfolding genocide in Ukraine is a natural outgrowth of these colonial policies. Drawing on regional perspectives of those victimized by Russia’s brutal empire, the panel will highlight the realities of Russian colonialism and what a process of decolonization—elevating marginalized voices and providing for their full political and civic self-expression—would mean for Russia and for its neighbors.

  • My "Hell" in Russian Captivity

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

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