Title

Title

STANDARD FOR JUSTICE: JUNE 10, 2010
This Day in Commission History
Monday, June 10, 2019

By Annie Lentz,
Kampelman Fellow

On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan.

The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages.

U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection.

Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.”

“The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings.

Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide.

Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals. 

The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

  • Related content
  • Related content
Filter Topics Open Close
  • 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.

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

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

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

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

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

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

  • Helsinki Commission Digital Digest July 2022

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

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

  • Behind Enemy Lines

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

  • Helsinki Commission Hearing to Highlight Life in Ukraine's Newly Occupied Territories

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: BEHIND ENEMY LINES Life in Ukraine’s Newly Occupied Territories Wednesday, July 20, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission As Russia’s genocidal war against Ukraine continues, Ukrainians in occupied territories are demonstrating courageous resistance in the face of atrocities, deprivation, and forced displacement, the scope and scale of which has shocked the world. This hearing will examine the human toll the war is taking on the people of Ukraine. It also will underscore the importance of continued assistance from Ukraine’s partners to help it win the war, restore its territorial integrity, rebuild its shattered infrastructure, and bring Russian war criminals to justice. The following witnesses are scheduled to participate: Panel One: Michael Carpenter, Permanent Representative and Ambassador of the United States to the Organization for Security and Cooperation in Europe Panel Two: Oleksiy Goncharenko, Member of the Verkhovna Rada of Ukraine; Vice President of the Committee on Migration and Refugees, Parliamentary Assembly of the Council of Europe Olga Aivazovska, Head of the Board Civil Network OPORA; Co-Founder, International Center for Ukrainian Victory

  • Shoulder to Shoulder

    Helsinki Commission Co-Chairman Rep. Steve Cohen and Ranking Member Rep. Joe Wilson joined former U.S. Army Staff Sergeant James Vasquez and Lt. Colonel Ripley “Rip” Rawlings (USMC, Ret.) to discuss U.S. volunteers fighting for Ukraine. Mr. Vasquez is a volunteer soldier fighting in Ukraine who partnered with Lt. Col. Rawlings to provide on-the-ground support through an organization called Ripley’s Heroes.   At the beginning of Russia’s unprovoked and brutal invasion of Ukraine, Mr. Vasquez decided to travel to Ukraine and fight alongside Ukrainians. For three months, Vasquez armed and trained Ukrainian soldiers to “fight like gentlemen.” Vasquez noted that Ukrainians are “warriors in spirit and in heart,” but require training and supplies to be most effective. After fighting alongside Ukrainians, Vasquez developed a comradery with his unit, and is returning to Ukraine this month to deliver more supplies and continue fighting. Lt. Col. Rawlings met Vasquez in Ukraine in the early weeks of war and the two decided to launch Ripley’s Heroes, an organization providing essential military support to Ukrainian soldiers. Ripley’s Heroes has Ukrainian partners on the ground, including the Kiev-based NGO Come Back Alive, who help ensure that soldiers receive necessary supplies as quickly as possible. When asked by Rep. Cohen what the United States should do moving forward to support a Ukrainian victory, Lt. Col. Rawlings noted that a key obstacle to providing Ukrainians with warfighting supplies are U.S. commercial regulations on the export of military equipment, such as International Traffic in Arms Regulations (ITAR). According to Lt. Col. Rawlings, rather than simply keeping U.S. military technology out of the hands of nefarious actors, ITAR prevents private U.S. citizens from supporting the war effort by providing simple, effective, non-lethal equipment, like night-vision goggles. Mr. Vasquez agreed that changing U.S. laws to remove the regulations that prevent private citizens from helping Ukraine could help them win the war.

  • Helsinki Commission Delegation Convenes Historic Black Sea Security Summit, Demonstrates Bipartisan Support for European Security

    WASHINGTON—From June 29 – July 9, Helsinki Commission Ranking Member Sen. Roger Wicker (MS) led a bipartisan, bicameral congressional delegation to Romania, the United Kingdom, Finland, and Sweden to consult with senior officials across Europe about Russia’s war on Ukraine, security in the Black Sea region, and Finland and Sweden’s plans to join NATO. On the shores of the Black Sea in Constanta, Romania, Sen. Wicker and Romanian Foreign Minister Bogdan Aurescu co-chaired the first-ever congressionally-organized Black Sea Security Summit to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation. “Given Russia’s monstrous war on Ukraine and its wider aggression in the region, it is not an exaggeration to say that the Black Sea is currently the epicenter of Euro-Atlantic security and global peace,” said Sen. Wicker. “Ukraine must be successful in this war…Vladimir Putin’s unprovoked aggression against a neighbor cannot stand.” “Over the last 25 years, a key objective of our bilateral strategic partnership has been to act as partners in enhancing our joint security and promoting the democratic and economic development of the Black Sea region.  The continuation of common decisive action in this regard at the bilateral and multilateral level is more relevant than ever,” said Minister Aurescu. “All along the Black Sea coast lies the first line of defense for the Euro-Atlantic community and the first line of support for our partners in Ukraine, the Republic of Moldova, and Georgia.” Prior to the summit, members of the Congressional delegation visited Romania’s Mihail Kogălniceanu Air Base, where they received briefings from U.S., Romanian, and other NATO personnel and met with American troops. Delegation members then traveled to Birmingham, UK, for the Annual Session of the OSCE Parliamentary Assembly (PA). Co-Chairman Rep. Steve Cohen (TN-09) was Head of the U.S. Delegation to the PA and spearheaded U.S. efforts to forge a strong, unified response from international legislators to Russia’s ongoing war of aggression against Ukraine and its people. “All OSCE parliamentarians must stand in solidarity with our Ukrainian colleagues as they battle the Kremlin’s vicious, intolerable war on Ukraine,” said Co-Chairman Cohen. “We must do all in our power—through this forum and all others—to ensure that Ukraine is victorious against Russian aggression.” During the Annual Session, parliamentarians overwhelmingly approved a resolution introduced jointly by Sen. Wicker and the heads of the Ukrainian and Lithuanian delegations, responding to Russia’s war on the Ukrainian people and the greater Russian threat to European security. The document “condemns resolutely and unequivocally the ongoing, intensified, clear, gross and still uncorrected violations of Helsinki Principles as well as of fundamental principles of international law by the Government of the Russian Federation in its war of aggression against Ukraine, as well as the complicity of Belarus in this war of aggression, and calls on the governments of OSCE participating States to do the same.” Several members of the U.S. Delegation successfully introduced more than two dozen amendments, designed to keep the focus on Russia’s current aggression, to an array of other resolutions. In Birmingham, the delegation also co-hosted an event highlighting the growing problem of political repression in Russia and Belarus, especially in the context of protesting the war on Ukraine; met with Mikhail Khodorkovsky to discuss his organization’s work to support political prisoners and democracy in Russia; and held bilateral meetings with the UK’s parliamentary leadership, OSCE officials, parliamentarians from other OSCE countries. Helsinki Commissioner Rep. Richard Hudson (NC-08) was re-elected to his post as chair of the OSCE PA’s Committee on Political Affairs and Security. Following the Annual Session, the congressional delegation stopped in Finland and Sweden to welcome the historic decision of both countries to join the NATO Alliance. In Finland, members met with President Sauli Niinistö, and Finnish parliamentarians including First Deputy Speaker Antti Rinne and OSCE PA Vice President Pia Kauma. In Sweden, they met with Foreign Minister Ann Linde, Deputy Defense Minister Jan Olof-Lin, and a group of members of the Swedish parliament, led by Speaker Andreas Norlén and OSCE PA President Margareta Cederfelt. In addition to Co-Chairman Cohen, Sen. Wicker, and Rep. Hudson, the Congressional delegation included Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Robert Aderholt (AL-04), Rep. Ruben Gallego (AZ-07), and Rep. Marc Veasey (TX-33), as well as Sen. John Cornyn (TX), Rep. Lloyd Doggett (TX-35), Rep. John Garamendi (CA-03), Rep. Sheila Jackson Lee (TX-18), Rep. August Pfluger (TX-11) and Rep. Chris Smith (NJ-04).

  • US Soldier Who Voluntarily Fought in Ukraine Says Hardest Days of War to Come

    A U.S. Army veteran who independently and voluntarily fought in Ukraine warned on Thursday that the hardest days of fighting the war are still to come, as the Russian military tightens its control over territory in the eastern part of the country.  Retired U.S. Army Staff Sgt. James Vasquez, who has returned from combat in the country but plans to go back, told the congressional Helsinki Commission during a briefing that while the Ukrainian military is better off now with increased foreign support, the most difficult fighting lay ahead for soldiers. “We have much more support now, and we have the weapons and gear that we need to be able to fight properly,” Vasquez said to the panel. “The fight’s harder than it was when I left. And that was hard fighting when I left.”  Vasquez shared moving and oftentimes difficult details of his time in Ukraine at the hearing, alongside retired U.S. Marine Corps Lt. Col. Rip Rawlings, who is providing logistical support to the Ukrainian military through he and Vasquez’ foundation, Ripley’s Heroes. Vasquez, who has gained a social media following through the videos he shares from the battle’s front lines, said he has “pretty much sold everything I owned” so he can return to the fight in Ukraine. Vasquez explained the evolution of Ukrainian combatants that he witnessed, saying when he arrived the soldiers were fighting “primitively” but then saw them turn into battle-tested warriors. “I was fighting with guys who had a red T-shirt on and sneakers,” said Vasquez. “We were going into battle with white Toyota Camrys with Javelin (missiles) in the back.” But as the fighters have grown more sophisticated, and weapons and gear has rolled in from other countries, Vasquez and Rawlings both warned that the fighting situation was fragile and said Ukraine needs continued support from allies. “We need more, they need more (weapons),” Rawlings said. “We are at a very tenuous and fragile point. This war could go in any direction, very unfortunately.” Rawlings also urged lawmakers to amend export controls that do not allow Americans to send certain military equipment, including certain body armor, to Ukraine. “It is the largest single obstacle that we face,” Rawlings said. “The biggest issue that we have is that a U.S. citizen can go purchase a set of level three body armor, but you cannot purchase it and give it to a Ukrainian.” Rep. Joe Wilson (R-S.C.) lauded the veterans for their decision to volunteer in the Ukrainian conflict at the briefing.  “Foreign fighters have actually come in to heroically volunteer and are enduring intense combat conditions and witnessing the gross human rights violations perpetrated by (Vladimir) Putin.”

  • Helsinki Commission Briefing to Highlight U.S. Volunteers Fighting for Ukraine

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: SHOULDER TO SHOULDER On the Front Lines with the Ukrainian Military’s Foreign Soldiers Thursday, July 14, 2022 2:00 p.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r6604c3bdc74d6eb2ff6c8bfa86784358 In Russia’s war on Ukraine, an unprovoked attack, unspeakable atrocities, and genocidal intent is juxtaposed against a valiant defense of hearth and home, a spirit of national unity, and grassroots mobilization. Not since the 1930s has a foreign war between a larger aggressor and a smaller but tenacious underdog so captivated the imagination of freedom-loving people. Answering the call of conscience, many American combat veterans are now fighting alongside Ukrainian servicemembers, applying their experience in combined arms maneuver and decentralized command to help Ukraine win the war. This briefing will examine the war in Ukraine through the eyes of two American volunteers: former U.S. Army staff sergeant James Vasquez and Lt. Colonel Rip Rawlings (USMC, Ret.). Vasquez fought in Ukraine in the early days of Russia’s full-scale invasion and soon plans to return to the battlefield. Rawlings is providing logistical support to the Ukrainian military through Ripley’s Heroes, a foundation he co-founded with Vasquez.

  • Black Sea Security Summit

    On the heels of the 2022 NATO Summit in Madrid, on July 1 the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, convened its first-ever multilateral dialogue among key regional allies and partners on Black Sea security. At this historic event on the shores of the Black Sea, members of the U.S. Congress, senior-level government officials from the region, and key international partners came together in a roundtable format to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation.   Co-chaired by Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania, the summit featured a timely and collaborative exchange exploring major themes pertaining to regional security challenges: confronting Russian aggression and the relevance of the Black Sea to Euro-Atlantic security. The co-chairs were joined by senior-level regional government officials and a bipartisan delegation of members of both the U.S. Senate and the U.S. House of Representatives, including Sen. John Cornyn, Rep. Joe Wilson, Rep. Richard Hudson, Rep. Ruben Gallego, Rep. John Garamendi, Rep. Robert Aderholt, and Rep. August Pfluger. Other participants included: Romania Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania State Secretary Simona Cojocaru, State Secretary and Chief of the Department for Defense Policy, Planning and International Relations, Ministry of Defense of Romania MP Pavel Popsescu, Member of the Romanian Parliament; Chair, Defense Committee MP Ana Cătăuță, Member of the Romanian Parliament Ukraine Deputy Minister Oleksandr Polishchuk, Deputy Minister of Defense of Ukraine MP Alexander Goncharenko, Member of the Ukrainian Parliament Bulgaria Deputy Minister Yordan Bozhilov, Deputy Minister of Defense of Bulgaria Ambassador Radko Vlaykov, Ambassador of Bulgaria to Romania MP Kaloyan Ikonomov, Member of the Bulgarian Parliament; Chair, Bulgaria – USA Friendship Group Georgia First Deputy Minister Lasha Darsalia, First Deputy Minister of Foreign Affairs of Georgia Ambassador Nikoloz Nikolozishvili, Ambassador of Georgia to Romania Turkey Ambassador Füsun Aramaz, Ambassador of Turkey to Romania NATO Deputy Secretary General Mircea Geoană, Deputy Secretary General of NATO U.S. European Command Major General Jessica Meyeraan (USAF), Director of Exercises and Assessments, U.S. European Command Relevance of the Black Sea to Euro-Atlantic Security During the summit, participants underscored the importance of security in the Black Sea littoral in the face of Russian aggression. Deputy Secretary General of NATO, General Mircea Geoanӑ, emphasized the importance of the Black Sea to Euro-Atlantic security, stating that the region reflects “broader competition between revisionist and brutal and aggressive Russia and our democratic world.” According to General Geoanӑ, NATO is committed to supporting Ukraine through military, financial, and humanitarian means and providing security in the Black Sea littoral that reestablishes freedom of movement, shipping, and navigation. Bulgarian Deputy Minister of Defense, Yordan Bozhilov noted that the Russian invasion of Ukraine “has far-reaching destabilization implications at the regional level and beyond,” including the resulting energy and food crises. Georgian First Deputy Minister of Foreign Affairs, Lasha Darsalia, emphasized the political, economic, and security importance of the Black Sea region to Georgia and highlighted increased security in the region as an opportunity to increase “international cooperation and connectivity.”  He recalled Georgia’s support for Ukraine in the face of Russian aggression, characterizing the invasion of Ukraine as another step in Russia’s malign attempt to control the Black Sea region. U.S. Representative August Pfluger stressed the importance of the Black Sea region to energy security in the pursuit of decreasing dependence on Russian energy. Confronting Russian Aggression Throughout the summit, participants called for increased unity to confront Russian aggression. Ukrainian Member of Parliament, Alexander Goncharenko, requested a stronger NATO and US presence in Ukraine, after powerfully highlighting Ukrainian bravery in the face of Russian hostility. In reference to Russia’s weaponization of Ukrainian grain supply and the expansion of NATO, Gonchareko stated, “It is very good that the free world is finally uniting, but we must show strength. The first place we must show strength is in the Black Sea, as a humanitarian mission, to save millions of people. Thousands are killed in Ukraine, but millions will die from starvation.” Turkish Ambassador to Romania Füsun Aramaz underscored her country’s support of Ukrainian sovereignty. She acknowledged the common security goals of all participants at the summit and desires close alignment with NATO, but warned against over-militarization of the region, citing a potential to violate the Montreux Convention. “More vessels at sea or more fighter aircraft in the air alone do not mean more deterrence or stronger defense,” she stated. U.S. Major General Jessica Meyeraan of the United States European Command explained that the United States is supporting Ukraine by increasing understanding of Ukrainian security assistance requirements and “collaborating across over 40 nations to understand how we can quickly and effectively satisfy those security cooperation requirements.” Minister Aurescu explained that the projects that maintain regional security structures are the result of bilateral relationships between the United States and various littoral states and are essential in the face of Russian aggression and illiberalism that has resulted in regional and global crises. He also called to “increase the scale and visibility of the U.S. presence in the region,” beyond just a military presence through the creation of a multifaceted strategy based on strategic resilience. Rep. Hudson noted that “NATO stands ready” in the face of increasing threats in the region. In addition, Rep. Gallego emphasized the importance of deterrence by denial, clarifying that this sort of offensive is only possible through a completely integrated defensive approach.

  • HELSINKI COMMISSION DIGITAL DIGEST JUNE 2022

  • Helsinki Commission to Convene Black Sea Security Summit in Constanta, Romania

    WASHINGTON—On the heels of the 2022 NATO Summit in Madrid, on July 1 the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, will convene its first-ever multilateral dialogue among key regional allies and partners on Black Sea security. At this historic event on the shores of the Black Sea, members of the U.S. Congress, senior-level government officials from the region, and key international partners will come together in a roundtable format to underscore the critical importance of the Black Sea region to European peace and security, and to establish a sustainable, collective approach to ending Russian aggression and enhancing mutual cooperation. BLACK SEA SECURITY SUMMIT A Roundtable Dialogue Hosted by the Commission on Security and Cooperation in Europe Friday, July 1, 2022 1:00 p.m. (UTC+3) Constanța Art Museum Constanța, Romania Watch Live: https://youtu.be/DZskl6-k6No The Black Sea Security Summit plenary will feature a timely and collaborative exchange across two sessions exploring major themes pertaining to regional security challenges: Session 1: Confronting Russian Aggression Session 2: Relevance of the Black Sea to Euro-Atlantic Security The Black Sea Security Summit will be chaired by Helsinki Commission Ranking Member Sen. Roger Wicker (MS), who will be joined by a bipartisan delegation of members of both the U.S. Senate and the U.S. House of Representatives. Regional participants include: Minister Bogdan Aurescu, Minister of Foreign Affairs of Romania State Secretary Simona Cojocaru, State Secretary and Chief of the Department for Defense Policy, Planning and International Relations, Ministry of Defense of Romania Minister Oleksii Reznikov, Minister of Defense of Ukraine First Deputy Minister Lasha Darsalia, First Deputy Minister of Foreign Affairs of Georgia Deputy Minister Yordan Bozhilov, Deputy Minister of Defense of Bulgaria Ambassador Füsun Aramaz, Ambassador of Turkey to Romania Ambassador Radko Vlaykov, Ambassador of Bulgaria to Romania MP Alexander Goncharenko, Member of the Ukrainian Parliament MP Kaloyan Ikonomov, Member of the Bulgarian Parliament; Chair, Bulgaria – USA Friendship Group Deputy Secretary General Mircea Geoană, Deputy Secretary General of NATO Major General Jessica Meyeraan (USAF), Director of Exercises and Assessments, U.S. European Command Members of the media must email stuparsa@state.gov in advance to attend this event. Preregistration closes Thursday, June 30, at 12:00 p.m. (UTC+3).

  • The Helsinki Process: An 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.

  • Declare Putin’s War Genocide

    A bipartisan group of U.S. lawmakers introduced a resolution characterizing Russia’s actions in Ukraine as an act of genocide on Friday.  A draft of the resolution, seen by Foreign Policy, argues that atrocities committed by Russian troops in Ukraine, including indiscriminate attacks on civilians, the direct targeting of maternity hospitals and medical facilities, and the forcible transfer of hundreds of thousands of Ukrainians to Russia and Russian-held territory meet the criteria laid out in Article II of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.  Congressional resolutions are commonly used by lawmakers to express strongly held sentiments by members of the House of Representatives or Senate. Although the resolution is not legally binding, it sends a strong message of condemnation of Russia’s actions and indicates ongoing efforts by members of Congress to provide continued support to Ukraine beyond military aid.  In April, U.S. President Joe Biden characterized Russian atrocities in Ukraine as an act of genocide. “We’ll let the lawyers decide internationally whether or not it qualifies, but it sure seems that way to me,” he said, speaking to reporters in Iowa. Biden’s remarks were echoed by the Canadian and British prime ministers while French President Emmanuel Macron and German Chancellor Olaf Scholz declined to use the term, underscoring long-standing differences within the international community as to what constitutes genocide.  As a crime, genocide is distinct from other mass atrocities, and it is defined in the United Nation Genocide Convention as “acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” Since 1989, the U.S. State Department has recognized eight genocides, most recently declaring attacks on the Rohingya Muslims in Myanmar as genocide. U.S. designations of genocide can take years of gathering and analyzing evidence, and senior Biden administration officials noted that the president’s remarks in April did not constitute a formal U.S. policy shift. Arguing that events in Ukraine could constitute genocide, the resolution points to statements made in Russian state media and by senior officials, including by Russian President Vladimir Putin, that undermine Ukrainian statehood and sovereignty; the congressional resolution alleges that the atrocities were carried out with a specific purpose. Proving that the crimes are carried out with deliberate genocidal intent can often be difficult to prove in law.  A number of Russian soldiers and units—which were accused of committing war crimes in the Kyiv suburb of Bucha, specifically torture, rape, and summary executions of civilians—were awarded in April by Putin, who designated the 64th Motor Rifle Brigade as Guards and praised them for their “mass heroism and valor, tenacity, and courage.” The resolution is set to be introduced by Democratic Rep. Steve Cohen and is expected to be co-sponsored by a bipartisan group of House members who sit on the Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe. In April, the commission wrote to the president of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe to endorse a declaration passed by the Ukrainian parliament characterizing Russia’s actions as genocide and urging the assembly to pass a similar resolution.

  • Helsinki Commission Applauds European Commission Recommendation to Grant Ukraine and Moldova Candidate Status

    WASHINGTON—Following the European Commission’s recommendation that Ukraine and Moldova be granted EU candidate status, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We applaud the historic decision of the European Commission to recommend EU candidate status for Ukraine and Moldova. All countries have the sovereign right to choose their own alliances and determine their own foreign policies. The people of Ukraine and Moldova have long cherished the dream of integration with the Euro-Atlantic West. The European Commission’s recommendation rewards their persistent efforts to pursue these aspirations, even in the face of relentless Russian aggression.  “The people of Georgia also have sacrificed much for their European identity over several decades, despite Russian warmongering and the challenges of painful reforms. They have demonstrated that they can rise to the challenge if and when the path is clear.  We believe they too should be offered an equally concrete roadmap to EU membership.  “Ahead of this week’s European Council meeting, we encourage our European friends to grant all three countries candidate status. The path to liberal democracy is never without occasional setbacks and detours, and always in need of vigilance, careful effort, and compromise. We believe candidate status will give all three countries a fighting chance in their common European dream.” On June 17, the European Commission recommended that Ukraine, Moldova, and Georgia be provided pathways to EU membership and that Ukraine and Moldova be conferred candidate status with conditions. On June 23 – 24, the European Council will make its final decision regarding the three countries’ pending applications for EU membership.

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

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

  • European Energy Security Post-Russia

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

Pages