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International Law

Principle X of the Helsinki Final Act Decalogue commits the participating States to fulfill “in good faith their obligations under international law.”  This core principle reflects the recognition that the willingness of countries to uphold legal commitments they have made to each other is a necessary component for predictability and stability in international relations. The Helsinki Commission has primarily focused on international law related to human rights, international humanitarian law (war crimes, crimes against humanity, and genocide) and military security obligations undertaken within the framework of the OSCE.

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  • Russia and its Neighbors

    Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.

  • THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA - PART 3

    President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.The hearing concludes with possible U.S. responses with findings and reports to support prospective actions.

  • THE FATE OF THE PEOPLE OF BOSNIA-HERZEGOVINA- PART 2

    President of Intertect Relief and Reconstruction Corp, Frederick Cuny, and former special envoy of the UN High Commissioner for Refugees, José Maria Mendiluce, gave testimony in front of the U.S. Helsinki Commission in regards to the civilian populations of Bosnia-Herzegovina. In their testimony, each witness covered the humanitarian efforts on the ground and its effects on the civilian population, obstacles created by the mafia, and the effects of the Bosnian arms embargo. Also the Commissioners and witnesses discussed the different perspectives of sanction use- employ sanctions to deter the foreign government to follow a desired goal or that the use of such particular sanctions only adds fuel to the survival of the regime via nationalism.

  • The Crisis In Bosnia-Herzegovina

    Sen. Dennis DeConcini presided over this hearing that was held with the state of violence in Bosnia-Herzegovina in mind. The unfortunate former Yugoslavian country had just emerged from a bloody internecine conflict, which resulted in thousands of refugees. The purpose of this hearing was to discuss post-conflict negotiations, and yet, unfortunately, violence started again and escalated after the civil war earlier in the 1990s. The Commissioners, then, asked how the U.S., UN, European Community, and other individual actors, which had been criticized for inaction regarding the crisis, should respond.

  • The New Commonwealth of Independent States: Problems, Perspectives, and U.S. Policy Implications

    This hearing discussed the dissolution of the Soviet Union and the creation of a series of succeeding states. The hearing covered the theme of regional and ethnic divisions as key elements in the unpredicted dissolution of the Soviet Union. The witnesses covered the particular challenges of securing peaceful independence from the “commonwealth of former Soviet Republics” and the democratization process. The conversation centered on the human rights dimension and the process of newly created states signing on to several international treaties and obtaining memberships in international organizations.

  • The Nagorno-Karabakh Crisis: Prospects For Resolution

    This hearing focused on Nagorno-Karabakh, a region in Azerbaijan that has historically been dominated by Armenians and, consequently, has requested to become part of Armenia. The Azeris did not take too kindly to this request, and bloody and violent conflict ensued between the two countries. The hearing examined whether there were still reasons for cautious optimism about a negotiated settlement. This dispute underscored the fact that almost all borders between republics in the former U.S.S.R. were then in dispute. Others present at the hearing included Commissioner Dennis DeConcini, members of the Russia Supreme Soviet Anatoly Shabad, Nadir Mekhtiyev, and Fyodor Shelov-Kovedyaev, Plenipotentiary Representative of Armenia to the United States Alexander Arzoumanian, and Dr. David Nissman, expert on Azerbaijan.

  • Geneva Meeting on National Minorities and Moscow Meeting on the Human Dimension

    The hearing will focus on two important CSCE meetings, the Geneva Experts Meeting on National Minorities.   The Geneva meeting which recently ended was mandated to discuss national minorities, the meeting had three components: exchange of views on practical experience; review of the implementation of relevant CSCE commitments; and consideration of new measures. The distinguished speaker will outline the major points of the Geneva meeting and how the United States can best utilize its success while moving towards the upcoming human dimension meeting in Moscow.

  • CONFERENCE ON SECURITY, STABILITY, DEVELOPMENT, AND COOPERATION IN AFRICA

    This hearing focused on successes of the Helsinki process in guiding Eastern Europe towards democratic governance and how a similar framework could work in Africa. The joint hearing emphasized the need for expedient action for the continent or risk unmanageable stagnating crises. Many former oppressive regimes in Eastern Europe draw parallels to similar governing system in the African continent, such systems lack rule based institutions, political enfranchisement, and civil protections. The Commissioners and the distinguished panelists discuss what measures African countries are taking in their democratization process and what the additional actions should be.

  • Soviet Crackdown in the Baltic States

    This hearing, which Steny H. Hoyer presided over, came at a time during which the United States’ time was occupied elsewhere in the world (i.e. the Middle East). Therefore, the running time of this hearing was expected to be an hour, with a more in-depth hearing to follow later on. In any case, attendees discussed, from the view of the U.S., anyway, that the Baltic States (i.e. Estonia, Latvia, and Lithuania) had all been illegally absorbed into what was then the Soviet Union. Likewise, the Baltic States had raised the issue that enforcement of conscription laws of the Soviet Union in these countries is in and of itself legal within the framework of the Geneva Convention. The consensus of the hearing was that the attempt by Moscow to crush democracy in the Baltic States must be met by the U.S. with the same resolve that the U.S. took in meeting similar attempts in other parts of the world, including collaboration with other countries.

  • The Miroslav Medvid Incident

    On October 24, 1985, Soviet Seaman Miroslav Medvid jumped from the Marshal Konev (a Soviet grain freighter) while it was docked in New Orleans, LA, and reportedly attempted to request political asylum in the United States. He was interviewed by U.S. Border Patrol agents on that same night and then ordered returned to his ship. U.S. officials from the INS and State Department subsequently boarded the ship, obtained an agreement from Soviet officials that Medvid would be re-interviewed concerning his desire for political asylum, and proceeded to question him over a period of 2 days. Mr. Medvid consistently held that he did not want political asylum during this second interview process, and was finally returned to his ship on October 29, 1985.  The Medvid case has raised many questions concerning the manner in which U.S. Government officials handled the incident and concerning U.S. asylum policy toward Communist-bloc nations in general. The Senate Subcommittee on Immigration and Refugee Policy held a series of hearings and conducted a staff investigation on the matter. This report addresses the facts developed through that hearing and investigation process. This report is divided into 6 sections: (1) a brief summary of the events from the time of Medvid's desertion to his final return to the Soviet ship; (2) a summary of the hearings that the immigration subcommittee held on November 5, 1985, November 7, 1985, February 5, 1986, and March 7, 1986; (3) a review and discussion of the major issues and points of controversy concerning the incident; (4) a description of the roles played by the individuals who had the most contact with Medvid, and their perspectives on the case; (5) a review of the adequacy. of present INS asylum procedures; and (6) conclusions drawn by the subcommittee based on the hearing and investigation process.

  • Update on Raoul Wallenberg

    This hearing focused on the disappearance of Swedish diplomat Raoul Wallenberg, distinguished diplomat who risked his life to help grant protection to Jewish refugees in Hungary during Nazis occupation. Wallenberg’s whereabouts became unknown when the Soviets liberated Hungary. Despite Soviet declarations that Mr. Wallenberg died in 1947, many witnesses have contested this claim and have reported that he is in fact in Soviet prison. The Commissioners and the witnesses discussed the U.S. response and what further actions may be needed.

  • Implementation Of The Helsinki Accords Vol. VIII – U.S. Compliance: Human Rights

    Commissioner Claiborne Pell and others in attendance, in this series of hearings, looked at their own country’s record on the Helsinki Final Act of 1975. This hearing signified the first time that a state belonging to the Organization for Security and Cooperation in Europe (OSCE), or the “Conference,” had looked at its own record in such a manner, taking into account criticism by other signatories and private domestic monitoring groups, no less. This series of hearings’ purpose was to ascertain progress accomplished, learn what more needs to be achieved, and proclaim a reaffirmation of the U.S. commitment to the Helsinki Final Act’s full implementation.

  • IMPLEMENTATION OF THE HELSINKI ACCORDS VOL. IV - REPORTS ON SOVIET REPRESSION AND THE BELGRADE CONFERENCE

    In light of first anniversary of the creation of the Commission on Security and Cooperation in Europe, this hearing focused on the work and the plight of courageous individuals who utilized the Helsinki accords as instruments for advancing international respect for human rights. In particular, the hearing delved into the case of Anatoly Shcharansky, one of the most courageous spokesmen of human rights in the U.S.S.R., faces treason charges as groundless as they are ominous. The Soviet decision to hold a show trial for Shcharansky with phony evidence and counterfeit witnesses combined with the earlier arrest of members of Helsinki monitoring groups in Russia, Ukraine, and most recently, in Georgia, were in violation of the Helsinki accords.

  • Implementation of the Helsinki Accords Vol I - Human Rights and Contacts

    This hearing focused on the implementation of the Helsinki Accords and explored proposals for advancing compliance.  The Commissioners and witnesses discussed how the accords could better East-West relations. They discussed how the framework of the Helsinki accords helps provide protection against armed intervention in internal affairs, or the threat of such intervention.  The Commissioners heard testimonies from those working on human rights in Warsaw Pact countries and from many American citizens seeking reunification with relatives in Warsaw Pact countries.

  • Podcast: Russian Intention, Russian Aggression

    From September 10 – 16, ZAPAD 2021—a major Russian military exercise that includes thousands of troops—will take place in and around Belarus. The exercise follows months of reports that the Russian military has been involved in actions that potentially could spark a major and violent confrontation between Russia and other countries, including a March deployment by Moscow of some 100,000 new troops in and around Ukraine and a June incident in the Black Sea in which Russian forces seemingly faced off against the British destroyer HMS Defender.  In this episode, Lt. General Ben Hodges (Ret.) analyzes whether these developments represent a major escalation and imminent conflict with Russia; whether they are part of a deliberate, coordinated strategy by the Kremlin; and what, if any, guardrails could prevent Russian aggression against its neighbors or a direct conflict with NATO. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 18 | Russian Intention, Russian Aggression

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