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Genocide, Crimes against Humanity, and War Crimes

According to the Rome Statute of the International Criminal Court, the Geneva Conventions define war crimes to include "willful killing; torture or inhuman treatment, including biological experiments; willfully causing great suffering, or serious injury to body or health; extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; unlawful deportation or transfer or unlawful confinement; and taking of hostages.” 

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  • Ukraine's prosecutor general testified about alleged Russian war crimes at U.S. Helsinki Commission hearing

    Ukraine's Prosecutor General Iryna Venediktova testified at the hearings of the Helsinki Commission on alleged war crimes of Russia in Ukraine, Venediktova said in a Facebook statement on Thursday. "The Helsinki Commission of the US Congress held a hearing on Russia's war crimes in Ukraine. I testified at the hearings about the horrific atrocities committed by the Russian army on our land: the deliberate bombing of civilian objects, killings and torture, the use of rape as a weapon," Venediktova said. The Helsinki Commission is a US government commission that "promotes human rights, military security, and economic cooperation in 57 countries," according to its website. Commissioners include US Senate, House of Representatives and executive branch members. The Ukrainian prosecutor general claimed that the Russian army had committed more than 9,800 war crimes in 70 days of war. She added that the unblocking of Mariupol and the end of the occupation of territories would open even more horrific cases for Ukraine to investigate. She said that "the red lining at the hearings were signs of genocide of the Ukrainian people and the prosecution of the main serial war criminal of the 21st century."  "The deportation of our children in order to erase their identity and bring them up as Russians is a direct proof of the plan to destroy Ukraine. The overriding task of the world community is to develop an effective international mechanism of justice and responsibility for Russia's crimes in Ukraine, which will become a tool now and a safeguard for the future," Venediktova said. Mariupol Mayor Vadym Boichenko has claimed that Russian forces deported almost 40,000 people from Mariupol to Russia or the breakaway Donetsk People's Republic. Russia also said that it has "evacuated" over one million people to Russian territory since Feb. 24. There is no way to verify the Russian data on evacuations. Ukrainian officials have repeatedly said that thousands of citizens are being deported to Russia forcibly.

  • Russian War Crimes in Ukraine

    Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.”  The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice.   Related Information Witness Biographies  

  • Co-Chairman Cohen Condemns Lavrov’s Antisemitic Comments

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

  • Helsinki Commission Digital Digest April 2022

  • Russian War Crimes in Ukraine to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIAN WAR CRIMES IN UKRAINE Wednesday, May 4, 2022 NEW TIME: 2:00 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.”  The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing will discuss the findings of the OSCE report, examine evidence being collected to document Russian war crimes in Ukraine, and analyze paths to bring perpetrators to justice.   The following witnesses are scheduled to testify: Panel 1: OSCE Experts Wolfgang Benedek, Professor of International Law (ret.), University of Graz Veronika Bílková, Associate Professor, Faculty of Law, Charles University in Prague Marco Sassoli, Professor of International Law, University of Geneva Panel 2 Beth Van Schaack, U.S. Ambassador at Large for Global Criminal Justice Timothy Snyder, Professor of History at Yale University; Permanent Fellow, the Institute for Human Sciences in Vienna Iryna Venediktova, Prosecutor General, Ukraine

  • Helsinki Commission Urges OSCE PA to Adopt Ukrainian Declaration Recognizing Russia’s Actions as Genocide

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who serves as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commissioners who hold leadership roles in the commission and the OSCE PA, today released a letter urging the assembly to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide. Co-Chairman Cohen was joined in the letter to OSCE PA President Margareta Cederfelt by Chairman Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance; Senate Ranking Member Sen. Roger Wicker (MS), who serves as an OSCE PA vice-president; Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA Committee on Political Affairs and Security; and House Ranking Member Joe Wilson (SC-02). The letter read in part: “It is clear to us that Russian dictator Vladimir Putin and his military regime are engaging in acts of genocide against Ukraine and its people and we urge the OSCE PA to also endorse the Rada’s declaration and issue a similar statement. “We do not come to this conclusion lightly, and we recognize the importance of precision in employing such terminology. However, given the overwhelming evidence—from Putin and his regime’s many comments denying the existence of Ukrainian nationhood and the deliberate targeting of civilians, to the wholesale destruction of Mariupol, the mass graves that now pockmark Ukrainian lands, and reports of forced deportation of Ukrainian people including children to Russia where they are being indoctrinated in “reeducation camps” in attempts to destroy Ukrainian identity—we cannot be silent. The OSCE PA must raise its voice and speak with unity and unmitigated clarity about the unspeakable horrors that are unfolding in Ukraine and be truthful about what is happening there… “Given Russia’s disregard for the 10 Helsinki principles guiding relations between participating States, its manipulation of OSCE rules for its own destructive ends, and its encouragement of neighboring Belarus to be complicit in its war crimes and genocidal actions, the Parliamentary Assembly should make clear where we as a credible body stand. Russia’s horrific war of choice in Ukraine and this unfolding genocide must be described just as it is.” The full letter is available online.

  • Debunking “Denazification”

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

  • Diverse Voices Reporting From Ukraine

    Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"

  • Journalists paint troubling picture of Russian war in Ukraine: 'It's light versus darkness'

    An independent U.S. commission heard vivid descriptions on Wednesday about what it's like to be on the ground in Ukraine for journalists who are responsible for keeping the world updated on Russia's bloody war. In testimony before the independent Commission on Security and Cooperation in Europe, multiple Ukraine-based journalists communicated how Moscow is indiscriminately attacking troops and civilians there and destroying cities. Ukraine is one of the most dangerous assignments in the world for reporters and several have already been killed there since Russia invaded the former Soviet republic on Feb. 24. The CSCE, also known as the Helsinki Commission, heard about the journalists' personal experiences and stories they have encountered in the battle-scarred country for the past eight weeks. Independent Ukrainian journalist Olga Tokariuk said she fled to western Ukraine just days after the fighting began and that she fears what Russia's war could mean for the future of the country, which declared its independence after the fall of the Soviet Union in 1991. "If Russia is not stopped -- if Russia is allowed to take more Ukrainian territory, this will happen everywhere," she told the commission. "Russia will perpetuate genocide on a massive scale. "No one in Ukraine can be safe unless Russia is defeated." Tokariuk added that most of the journalists she knows in Ukraine may have underestimated the danger initially. "Ukrainians had freedom of speech, freedom of press," she said. "We had the feeling that we were part of the free world." Tokariuk described grisly human rights violations in parts of Ukraine, particularly in the east -- including kidnappings, disappearances and forced deportations to Russia. The CSCE -- an independent government agency formed in 1975 to monitor security conditions in Europe -- says that at least seven journalists have been killed so far in Ukraine since the war began. The commission is comprised of several lawmakers from the House and Senate and normally includes three executive members from the departments of Defense, Commerce and State. Those seats are presently vacant. Asami Terajima, a Kyiv Independent journalist, told the lawmakers that she moved to Ukraine when she was 10. "Every single day as the war continues, more Ukrainian civilians are dying and more cities are being destroyed," she said, emphasizing that Russia is not targeting only Ukrainian troops. Freelance conflict reporter Oz Katerji told the commission that although Ukrainian fighters have been successful repelling Russian advances, they need weapons and equipment that will "strike fear in the hearts" of Russian troops. "This is democracy versus totalitarianism," he said. "It's light versus darkness." Evgeny Sakun, a Ukrainian cameraman working for Kyiv Live TV, was the first journalist to be killed after the invasion when Russian missiles struck the television tower in Kyiv on March 1. Award-winning video journalist and documentary filmmaker Brent Renaud was killed in Irpin on March 13 and an attack on a Fox News camera crew near Kyiv killed Irish reporter Pierre Zakrzewski, a cameraman and Ukrainian reporter-producer Oleksandra Kuvshynova a day later. Late last month, journalist Oksana Baulina was killed in Kyiv by a "kamikaze drone" while working for Latvia-based Russian online investigative media outlet The Insider. Jeanne Cavelier, head of Reporters Without Borders' Eastern Europe and Central Asia desk, said a few weeks ago that a quarter of all journalists who have died worldwide in 2022 were killed in Ukraine within the first month of fighting. "As their reporting is essential in order to understand the war in Ukraine and attacking journalists is a war crime under international law, we call on the Russian and Ukrainian authorities to guarantee their safety on the ground," Cavelier said in a statement. Ukraine is ranked 97th out of 180 countries in Reporters Without Borders' 2021 World Press Freedom Index. Russia is ranked 150th. "Journalists in Ukraine risk their lives daily to report the reality of war," the CSCE said in a statement before Wednesday's hearing. "Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions."

  • Journalists Reporting from Ukraine to Speak at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online staff briefing: DIVERSE VOICES REPORTING FROM UKRAINE Wednesday, April 20, 2022 10:00 a.m. Register: https://bit.ly/3E89IZX Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. This briefing will convene journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion will center on their personal experiences and those of individual Ukrainians they have encountered during the war. The following panelists are scheduled to participate: Oz Katerji, Freelance conflict journalist Asami Terajima, Journalist, Kyiv Independent Olga Tokariuk, Independent journalist based in Ukraine; Non-Resident Fellow, CEPA  

  • Helsinki Commission Digital Digest March 2022

  • International Court orders Russia to suspend invasion of Ukraine

    Helsinki Commission Chairman Senator Ben Cardin joined ABC News to discuss a resolution submitted by himself and others, which was recently adopted by the Senate and called on the Putin regime to be held accountable for war crimes committed during Russia's invasion of Ukraine."I hope that one day in the near future we'll see [Mr. Putin] at the Hague, tried as a war criminal," he said. On March 23, the U.S. Department of State published a statement confirming that Russian forces have committed war crimes in Ukraine.

  • On International Holocaust Remembrance Day, Cardin and Cohen Denounce Recent Antisemitic Activity Across the United States

    WASHINGTON—On the 77th anniversary of the liberation of the Auschwitz-Birkenau in Nazi-occupied Poland, which is designated as International Holocaust Remembrance Day, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement on the recent spate of antisemitic activity across the United States: “We are extremely alarmed by recent events targeting the Jewish community. The distribution of flyers across multiple states touting antisemitic and racist conspiracy theories, invoking Nazi ideologies, and blaming the Jewish community for the COVID-19 pandemic has come hard on the heels of a vicious attack on the Congregation Beth Israel synagogue in Colleyville, Texas. These incidents must be stopped and called out as the dangerous fearmongering they are. Not only on International Holocaust Remembrance Day, but every day, leaders and every person in this country have an obligation to stand up against hate.   “Antisemitism is not just a problem in the United States. We see similar issues in Europe, where Jewish synagogues, schools, and cemeteries once again must tighten security protocols in fear of attack, and the Holocaust is being trivialized for political gain. It is time for the 57 participating States of the OSCE to come together and adopt an international strategy to hold countries accountable for implementing legislation to quash hate crimes and discrimination, protect Jewish communities, and address the dangerous ideologies that lead to violence and sow disunity in our country and abroad. “International Holocaust Remembrance Day serves as a grim reminder of our past failures to protect the Jewish community. Inaction or turning a blind eye to antisemitism and hate only encourages its proliferation. We must ensure that the words ‘never again’ have real meaning by stamping out antisemitism wherever it is found.” Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance and is a member of the United States Holocaust Memorial Council, has called for an OSCE strategy to address antisemitism and other forms of intolerance.  In July, the OSCE Parliamentary Assembly adopted an urgent item he drafted titled “Addressing the Rise in Hate, Intolerance, Violence and Discrimination Across the OSCE Region” that he has called for the new Polish Chair-in-Office to work with OSCE countries to implement.  

  • 30 Years After Ovcara

    By Robert Hand, Senior Policy Advisor On November 20, 1991, after the fall of the city of Vukovar in Croatia, militant Serb forces removed 265 ill and injured Croats from a hospital. They were taken to the nearby Ovčara farm southeast of Vukovar, where they were abused before being shot and killed, with their bodies dumped in a mass grave. In addition to wounded members of the Croatian armed forces were civilians, including some women and children.   The Helsinki Commission strongly supported the international effort to prosecute those responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, including those most responsible for the crime at Ovčara, which took place early in a series of conflicts associated with Yugoslavia’s disintegration throughout the 1990s.  Many obstacles stood in the way, but after years of persistent effort justice prevailed. However, malicious acts supporting territorial aggression continue in the OSCE region and elsewhere. When remembering Ovčara, it is important to acknowledge the brave few in Serbia—civil society advocates, political activists, journalists, lawyers and judges, and everyday citizens—who consistently have refused to associate themselves with the terrible crimes committed in their name in the 1990s, and seek to this day not only justice but a needed acknowledgement of reality in the face of continued denial and revisionism. A wider acknowledgement led by those holding power today will mean a better future for Serbia and its neighbors tomorrow.

  • 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.

  • 45th Anniversary of the U.S. Helsinki Commission

    I take this time as the Chair of the Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, as we celebrate our 45th anniversary. The Helsinki Commission is the vehicle for U.S. participation in the Organization for Security and Co-operation in Europe (OSCE), representing 57 states that have come together under the OSCE, all the countries of Europe, all the countries of the former Soviet Union, including those located in Central Asia, the United States, and Canada. Mr. President, this is a unique body in that it represents both the executive and legislative branches of government. The executive branch has representatives on the Helsinki Commission, and both the House and Senate have Senators and Representatives that serve on the Helsinki Commission. I am very pleased to have as my co-leader Senator Wicker from Mississippi as the Republican leader in the Senate on the Helsinki Commission. The Helsinki Commission has been responsible for elevating our moral dimension to U.S. foreign policy. Its principles point out very clearly that you cannot have security without dealing with good governance and human rights; you cannot have economic progress unless you have governance that respects the rights of all its citizens. That is why I was so pleased when President Biden announced that his foreign policy would be value-based, that as we participate in our foreign policy challenges, it will always be wrapped in our values, and his recent trip to Europe underscored that important lesson. And then he issued, not two weeks ago, the statement that corruption is a core national security threat and that we have a responsibility to fight corruption in order to protect our national security. I am so pleased of the accomplishments of the Helsinki Commission, particularly from the human rights and human dimension. I go back to my early days in the House of Representatives, when the Soviet Union still existed and the challenges of Soviet Jews trying to emigrate from the Soviet Union. It was the Helsinki Commission that was one of the leading voices to help deal with Soviet Jews. I think about trafficking-in-persons, modern-day slavery, and the efforts that the United States did in leading that effort, including passing landmark legislation in trafficking in persons and establishing a rating system where every country in the world is rated on how well they are dealing with fighting trafficking. Now this has become the model, and so many countries have acted. It was the U.S. Helsinki Commission that led the effort for what Congress was able to pass and the international effort in order to fight trafficking-in-persons. I think about the perpetrators of war crimes and crimes against humanity and genocide, and recognize that it was the Helsinki Commission that pushed to hold those who were responsible for these atrocities accountable, particularly as it related to the Balkan conflict. Then I think about the landmark legislation that was passed in the Congress that deals with sanctions against human rights violators, first the Magnitsky sanctions and then the Global Magnitsky sanctions. It came out of hearings from the Helsinki Commission and legislation that we authored. It is not only the standard here in the United States. It has been adopted as the standard in Europe, in Canada, and in other countries, to make it clear that human rights violators will not be able to hide their illicit funds in our banking system or visit our country. Perhaps our strongest contribution is the oversight hearings that we hold. We also passed the Elie Wiesel Atrocities Prevention Act. But just last week we had a hearing in the Helsinki Commission on how we can prevent atrocities from occurring in the first place. So I am very proud of the accomplishments of the commission. Part of the responsibilities of every member state of the OSCE is that we have the right to challenge any State’s compliance with the Helsinki Final Act Accords. So it is our responsibility to challenge when Russia violates those provisions or when we see violations in Turkey—any member State, we can challenge. But we also have to do our own self-evaluation. As Chairman of the commission, I have been using that opportunity to question conduct in our own country when it does not match the responsibilities that we should have. We saw that in the past in regard to the torture issues in Guantanamo Bay. My participation in the Helsinki Commission goes back to my early days in the House of Representatives and some of my proudest moments of representing our country on the international stage. Let me just give you a few examples. In February 1991, I joined a fact-finding mission to Latvia, Lithuania, and Estonia. That is when the Soviet tanks were in Vilnius. That is when the Soviet Union was demonstrating oppression against the people of the Baltic States. It was a very sad moment of oppression, and we went there to stand up for the people of the region, to let them know that the United States never recognized the Soviet’s occupation of the Baltic States, and that we stood with the people and their independence. It was very interesting. We went from there to Moscow, and Mikhail Gorbachev didn’t want to have anything to do with us. He wouldn’t have a meeting with us, and he wouldn’t acknowledge that we were there. But we had a meeting with Boris Yeltsin, who at that time was the chair of the parliament, and we got great visibility. And Yeltsin supported our efforts to condemn the Russian use of force. I have been to Germany several times. My first trip on behalf of the Helsinki Commission was when it was a divided country, and we went to East Berlin. We were the voices for those oppressed people whose voices could not otherwise be heard, and we gave them hope that one day they would see freedom. I then returned when we were literally taking down the Berlin Wall, and I joined in taking down part of the Berlin Wall. I have part of that as a prized possession in my home. I have returned to Germany as a united country and see what a democratic Germany means and the work of our commission to bring down the Iron Curtain. Germany is now a leading democratic state and a great ally of the United States. I have been to Kyiv, Ukraine, on several occasions. I was there during the Maidan protests, where the people demanded democracy. And then I had a chance to return and monitor the elections in Ukraine with Senator Portman—again, a country that has been able to rid itself of the oppression of the Soviet Union. I have been very active in the Helsinki Commission in regards to the Parliamentary Assembly. I chaired one of their three standing committees. I had a chance to become Vice-President at the Parliamentary Assembly. Today, I acknowledge Senator Wicker, who is Vice-President. It points out the bipartisan nature of the Helsinki Commission and our work on the international platform.

  • Tribute to Erika Schlager

    I want to acknowledge one individual who recently announced that she is retiring, Erika Schlager, after 34 years of service to the Commission and to the global community. Erika received her bachelor’s degree from the University of North Carolina in Greensboro, where she graduated magna cum laude and was elected to Phi Beta Kappa. She earned her A.M. degree from Harvard University in Soviet Union studies and her juris doctor degree with honors from the George Washington University Law School. She studied at Warsaw University as a Fulbright fellow and received a diploma from the International Institute of Human Rights in Strasbourg, France. Quite a record. She used that academic preparation to make a difference in the world—and what a difference she made. Erika has been an unfailing professional in her dedication to doing whatever is necessary to ensure that the commission meets its mandate and defends human rights abroad. Her deep expertise, which she has honed over decades of work, is renowned both among policy professionals in the United States and in the countries of Central Europe that she followed for the commission. Erika is one of our nation’s top experts on Europe’s most vulnerable communities. She is a leading voice on Roma rights—Europe’s largest minority, with significant populations also in the United States. I have joined Erika in the crusade to speak up for the Roma population, a group that has been denied citizenship in so much of Europe. What a difference she has made in their lives. Erika has worked with Members of Congress, the Department of State and the Organization for Security and Cooperation in Europe (OSCE) to address issues ranging from the enslavement and sterilization of Roma to a permanent memorial in Berlin dedicated to the Sinti and Roma victims of the Nazi regime, to annual recognition of International Roma Day. She has brought to my attention the candidacy of Ethel Brooks to be the first Roma board member of the U.S. Holocaust Memorial Museum. I know that Erika will continue to bring Roma perspective and history on the Holocaust to further the tolerance, education, and human rights work of the museum. I have the honor of representing the Senate on the Holocaust Memorial Museum board, and I can tell you that Erika is so deeply respected by the professionals at that museum for the work she has done in furthering the goal of that institution to prevent atrocities against any groups of people. Erika has long been one of my top advisers on the Holocaust restitution and Europe’s Jewish community. She has worked closely with me over the years to raise concerns about the rise of Holocaust revisionism in countries like Hungary and Poland; to foster implementation of the Terezin Declaration on Holocaust Era Assets measures to right the economic wrongs that accompanied the Holocaust; and to hold accountable a French railway that transported thousands of Holocaust victims to their deaths. She worked on all of these issues and made significant progress. Erika has been instrumental in ensuring that the Helsinki Commission works to hold the United States accountable for our own human rights record, examining U.S. policies and conduct concerning Guantanamo Bay detention camps and U.S. policy regarding torture. Erika’s counsel greatly assisted me in my role as the Parliamentary Assembly of the OSCE’s Special Representative on Anti-Semitism, Racism, and Intolerance, where I was focused on human rights and justice here at home and across the expanse of the 57 participating States of the OSCE. From the plight of African Americans and Muslims to migrants and refugees, Erika has been integral to the Helsinki Commission’s mandate of upholding the myriad of human rights commitments defined in the Helsinki Final Act and subsequent OSCE agreements. In addition to her many professional milestones and achievements, Erika retires from the commission having left a deeply personal mark on those she worked with, from diplomats and civil servants to the staff of the Helsinki Commission. She is a natural teacher with a gift of taking a complex issue and distilling it in a way that makes it both relevant and accessible. Erika has taught our diplomats at the Foreign Service Institute and spoken at international meetings and at universities across the nation and around the world. She displayed her exceptional teaching ability at the Department of State’s annual training program on Roma rights, and she has ensured that Roma civil society groups could also participate. She has actively sought out dialogue and collaboration with new colleagues to help deepen their understanding of the Helsinki Commission’s role, of the challenges the commission could usefully seek to address abroad, and of the unique tools at its disposal to do just that. Erika is always quick to ask about a colleague’s well-being or inquire after a family member’s well-being. She has fostered collegiality among the Commission’s staff through her unfailing kindness and good nature. In so doing, she has repeatedly demonstrated how deeply she cares, not just for the work she has dedicated her career to, but also for the people whose great privilege it is to call her a colleague and a friend. I will say on a personal basis that I have benefited so much from her friendship, from her understanding, from her strategic thinking, from where we can make a difference. We know there are a lot of problems around the world. We know we can’t settle all the issues. But Erika helped us focus on areas where we can make a difference, and thanks to her input, we have made a difference. I know I speak on behalf of all Helsinki Commission members and staff and scores of other individuals—many who may not know her name—and groups concerned about advancing human rights around the globe and here at home when I say how we will miss Erika. Henry David Thoreau said: ‘‘Aim above morality. Be not simply good; be good for something.’’ Erika has embodied that maxim in her professional career and in her life. She has made an enormous difference, and she will continue to do so. I wish her all the best with respect to her future endeavors. I know we will continue to hear from her. Thank you, Erika, for the way you served the commission, our country, and the global community.

  • Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE Region

    WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.

  • Preventing Mass Atrocities

    The mass atrocities and genocides committed in twentieth-century Europe spurred a worldwide consensus that there is a responsibility among states to both prevent and punish such heinous acts. The U.S. Helsinki Commission convened its first hearing of the 117th Congress on May 13, 2021 to examine the interests of the United States in taking an active role in preventing mass killings, war crimes, crimes against humanity, and genocide; review warning signs that indicate risks for atrocities; and discuss the challenges of building and sustaining alliances among states in support of atrocities prevention. Presiding over the hearing, Chairman Sen. Ben Cardin (MD) emphasized the international consensus behind the legal obligation to prevent and punish mass atrocity crimes—large-scale and deliberate acts on civilians that constitute acts of genocide, crimes against humanity, ethnic cleansing, and war crimes—and the responsibility of the United States to recognize and act on early warning signs. Witnesses included Timothy Snyder, the Richard C. Levin Professor of History at Yale University and a permanent fellow at the Institute for Human Sciences in Vienna, and Naomi Kikoler, the director of the Simon-Skjodt Center for the Prevention of Genocide at the U.S. Holocaust Memorial Museum. Snyder offered four recommendations to shape prevention-based policies against mass atrocities. First, foreign correspondents should be present abroad to provide reliable information, as widespread disinformation campaigns often take place before mass atrocities. Second, policymakers should aim to stem panic and assure that citizens can attain necessary resources—at the beginning of a mass atrocity, there is often a sense of scarcity and urgency. Third, prevention policies should focus on strengthening governments and civil society, as mass atrocities often occur in weak states. Fourth, the United States must embody human rights; in recent history, the weaponization of history has increased the risk of mass atrocities. Once states resort to military force to stop mass atrocities, Snyder noted, it is already too late. Therefore, prevention is key. Kikoler testified that mass atrocities are preventable, and effective action based on early warning signs can track, disrupt, and prevent such crimes. Kikoler pointed to troubling signs in the OSCE region, including hate speech targeting ethnic and religious minorities, existing armed conflict, and the rise of authoritarian governance. She also differentiated between upstream risks and imminent warning signs. Kikoler also explained that atrocity prevention is in the best interest of the United States, as mass atrocities can have a devastating destabilizing effect on entire regions. She noted that although the U.S. leads the world in developing tools for atrocity prevention, these tools can still be improved. Discussing the importance of holding those responsible for atrocities accountable, Snyder explained that accountability should extend beyond prosecution to include reputational and financial costs. Kikoler stressed the need to identify gaps in the atrocity prevention architecture, including those in domestic legislation criminalizing the commission of crimes against humanity. Chairman Cardin asked the witnesses for suggestions on improving implementation of the Elie Wiesel Genocide and Atrocities Prevention Act and for suggestions for legislative change. Kikoler recommended that when the next report is released, Congress should convene a hearing and ask the Department of State to review prevention strategies established to address the risks articulated for given states in the report. In addition, she proposed an annual briefing by the intelligence community to Congress on countries that may be at risk of genocide, and expanded atrocity prevention training for Foreign Service Offices in countries deemed at-risk. With support from Kikoler, Snyder suggested an award from American journalists who report on genocide and genocide prevention, or a fellowship providing funding to young Americans interested in reporting on countries at risk. Both witnesses drew attention to the courageous examples of Gareth Jones and Jan Karski, who reported on the Soviet-made famine in Ukraine and the Holocaust, respectively. To conclude the hearing, Chairman Cardin discussed the importance of learning from accurate history, understanding the role of non-governmental organizations in providing information on local communities, and correctly identifying the victim. He also reiterated the responsibility of policymakers to make atrocity prevention a priority in U.S. foreign policy. Related Information Witness Biographies Press Release: Senate Passes Cardin, Young Bipartisan Bill to Bolster U.S. Leadership in Genocide and Atrocity Prevention

  • Helsinki Commission Hearing to Examine Prevention of Mass Atrocities

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: PREVENTING MASS ATROCITIES Thursday, May 13, 2021 9:30 a.m. Watch Live: www.youtube.com/HelsinkiCommission The mass atrocities and genocides committed in twentieth-century Europe spurred a worldwide consensus that there is a responsibility among states to both prevent and punish such heinous acts. At this online hearing, witnesses will discuss why it is in the best interests of the United States to take an active role in preventing mass killings, war crimes, crimes against humanity, and genocide; warning signs that indicate risks for atrocities; and the challenges of building and sustaining alliances among states in support of atrocities prevention. The following witnesses are scheduled to testify: Professor Timothy Snyder, Richard C. Levin Professor of History, Yale University Naomi Kikoler, Director, Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum

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