Thomas Kleine-Brockhoff (GMFUS): “We need a robust German-American relationship at the core of NATO”

Dr. Karen Donfried, president of the German Marshall Fund (GMF) of the United States was nominated Assistant Secretary of State for European and Eurasian affairs in the Biden administration last week. Several other GMF experts have already taken up key positions: Derek Chollet (counselor to the State Department), Laura Rosenberger (director for China on the National Security Council) or Julianne Smith (senior advisor to the Secretary of State). Thomas Kleine-Brockhoff, vice president of the GMF, shares his insights about the future of the transatlantic relationship under the Biden administration and the need to reinvent NATO’s conventional defence around German contributions.

Revisionism in Romania, in the Context of the Centennial

This article is summarising the conclusions of a research conducted over the Romanian mainstream and social media, seeking to identify the presence of secessionist and revisionist narratives, what are the conditions facilitating their presence, and who are the actors benefiting. The research was part of the project Revealing Russian disinformation networks and active measures fuelling secessionism and border revisionism in the CEEconducted under the supervision of Political Capital, Budapest

Disinformation about Romanian-Hungarian relations as presented in Romanian mainstream and social media is primarily an illustration of home-grown mistrust between two communities lacking proper dialogue and knowledge of each other, a mistrust that, in addition, was historically cultivated as an instrument of manipulation during the decades of communism. External interference merely amplifies domestic content and provides every now and then the additional spin that serves the interests of – most often – Russia. 

Given the highly negative track-record of relations between Bucharest and Moscow, the population on the whole tends to be quite resilient in front of openly promoted pro-Russian narratives (interaction rates with Russian media outlets such as sputnik.md or RT also remain low); however, Russian-backed local actors or ‘useful idiots’ whose agendas largely overlap with the Kremlin’s and who embrace similar rhetoric can be quite successful in their presentation of Romanian-Hungarian relations as irreconcilable. These also feed the Russian efforts to present Romania as a hypocrite, revisionist and interventionist state, aiming to reunite with the Republic of Moldova, and permanently interfering in Moldovan politics for that purpose – which is most often the focus of Russian propaganda. Only in isolated cases (such as a relatively recent interethnic incident in the Uz Valley over a war cemetery) are there signs of coordination between Russian outlets and the internal groups that are behind the flare in Romanian-Hungarian tensions. 

Thus, the most frequent producers (and at the same time beneficiaries) of disinformation about Romanian-Hungarian relations are the (multiplying) far-right, nationalist, anti-liberal groups; political actors do jump on board when they identify an opportunity to harness interethnic tensions to collect votes, but generally refrain from translating inflammatory rhetoric into political action. Until recently, the theme mostly featured in the discourse of the more populistic Social-Democrats (absent any major far-right or otherwise radical political party in Romania, the PSD has tried to appeal to this particular electorate as well). Paradoxically, liberal and German ethnic president Klaus Iohannis tried to use the same language to recapture some of this audience not long ago, by playing on the requests for enhanced autonomy advanced by the Hungarian minority – but with mixed results, as he got a lot of negative fallout from some of his own core electorate.

In a sample of articles covering relevant events (Romania’s anniversary of its 1918 Great Unification, i.e. the reintegration of territories once part of the Austro-Hungarian Empire; the above-mentioned inter-ethnic incident in Uz Valley followed by a row of rather undiplomatic exchanges) and containing key words signaling potential inflammatory content, less than half of the articles were in fact presenting positions against Hungary /the Hungarian minority in Romania. The general number of press articles containing unequivocal chauvinistic/ xenophobic assertions is rather low in Romanian media – which should not be mistaken, however, for the absence of such attitudes in the collective mindset.

The mutual social and cultural disconnect between the Romanian and Hungarian minorities are, on the one hand, the result of short-sighted government policies on both sides, which have generated socio-economic cleavages and inequality, and on the other side of occasionally deliberate attempts by both Bucharest and Budapest to maintain control over their respective communities in Transylvania and be able to use the rhetoric of secessionism when that served their interests. With the population in the rest of the country being rather ignorant of local realities in the counties with a sizeable Hungarian populations, perceptions were largely formed by government or political communication and the media. This has led to historically-based stereotypes, shaped both in the past (by the socialist regime) and at the present time (by nationalists and populists), whereby a common Romanian identity and the feeling of national solidarity are largely shaped by the rallying call to unity against a plethora of external enemies that have forever coveted Romanian territories – Hungary among them, also through its ‘internal agents’: Hungarian ethnics living in Romania. Calls for secession from the Hungarian minority and the interference of Budapest-backed elements in stirring local tensions have provided the element of truth that has strengthened the credibility of such narratives.

Looking at the discourse around Romanian’s Centennial anniversary and that of the Treaty of Trianon (2018), one can easily note that most disinformation/ misinformation revolved around the nationalistic, ethno-centrist narratives exaggerating the unique role that the Romanian population have played in achieving the Great Unification and romanticising the events surrounding it. This amounts, as described, to the creation (or continuation) of an alternative national history meant to use rather widely-shared feelings of victimisation to generate commonality of identity and purpose: ‘The Great Unification was made by the Romanian people. The help received during the process was not crucial or decisive’, ‘there are external, and internal occult forces acting to diminish/deny the importance of the 1918 Great Unification’, ‘reunification between Romania and the Republic of Moldova is of the greatest importance’, ‘Russia is aggressively promoting its policy of maintaining its sphere of influence/vassal states’, ‘there are important resentments among the European states (especially those who were on the losing side of the WWI) towards Romania’s Great Unification’.

These are further facilitated by the rise of nationalism, nativism and the irresponsibility of political discourse, whose populist tones cater to these audiences. Such topics are picked up by mainstream media – including those that overestimate the role that Romania played in WWI and the Great Unification, or calls for reunification with the Republic of Moldova, a kind of ‘border revisionism’, which continues to be seen by a significant part of the population as acceptable and thus forces politicians to at least not oppose it openly (thus adding more fuel to the fire and feeding the Russian messaging about Romanian revisionism).

More fringe nationalist media will also distribute a set of narratives about Hungary’s alleged subversive behaviour, its hidden agenda in dividing Romania by supporting the secession of the Hungarian majority Szekler Land, and generally its actions as a regional disruptor. Among these, ‘Hungary is supporting territorial revisionism in Szekler Land’, ‘Hungary has a hidden, historical plan to annex the territories it has lost as a consequence of the Trianon Treaty’, ‘Hungary is a vile state predisposed to mingling in Romania’s internal affairs’, ‘the ethnic Hungarian population in Transylvania (and their political representatives) are hostile to the Romanian population’, ‘Romania holds military superiority over Hungary’. These fringe media republish one another intensively and fuel an ecosystem gathering anti-liberal, orthodox groups together with far-right and xenophobic ones. The vocabulary used in promoting the narratives in this set is usually xenophobic and chauvinistic.

In a context where fringe social and online media increasingly influence mainstream media and radical political positions often push the agenda of centrist parties more to the extremes, dialogue on thorny issues like Romanian – Hungarian relations, in a formal and considerate setting, as well as measures directed at reduction of inequalities among target populations are of paramount importance in helping bridge communities, while ensuring a healthy information space is also a key factor. And as the problem is not located only at a political level (which rather opportunistically uses its pre-existence and helps perpetuate the situation), civil society organisations have an essential role to play in addressing these issues at grassroots level.

‘If the EU fails, we can say goodbye to the liberal order’ – an interview with Samir Saran, President of the Observer Research Foundation (ORF), New Delhi.

To what extent is Europe important for the future of the world order? Europeans feel like they count less and less on the world scene.

Europe is, paradoxically, the single most important geography that will define the future trajectory of the global order. If Europe remains rooted in its fundamental principles – of being democratic, open, liberal, plural, supporting a transparent and open market economy, defending rule of law, the rights of individuals, freedom of speech – the world will have a chance of being liberal. If the European Union is split between the north and south, east and west and we see a large part of it deciding to give up on the Atlantic project and align with more authoritarian regimes – which is quite tempting, due to the material side attached to the choice – that will be the end of the Atlantic project. An EU that is not united in its ethics is an EU that will eventually write its own demise. How will Europe swing? Will it be an actor, or will it be acted upon? 

I have the belief that post-pandemic EU, as a political actor, will see a new lease of life. A new political EU may be born as the pandemic ends. Unless that happens, I believe this is the end of the European Union itself. It is a do it or lose it moment. Unless Europe becomes strategically far more aggressive, far more expansive, aware of its role, obligations and destiny you will see an EU that fades. For me, the most important known unknown is the future of Europe. Will the EU hold? Will the 17+1 become more powerful than the EU 27? Which way will the wind blow on the continent? Will it really be the bastion of the liberal order or will the liberal order be buried in Europe?

The Indo-Pacific is the frontline for European safety

We’ve been used to only existing as part of the transatlantic relationship. In the past few decades, Europe has never really seen itself as an individual actor, but rather in coordination with the US. That is something that is starting to shake now. Do you see Europe acting on its own terms, as a global actor, in the positive case in which the member states do get their act together? Are we rather going to continue to act together with the US? Or find some other partners?

I suspect that with Brexit, you might see a far more cohesive EU, organised around the French military doctrine and French military posture. With an absent UK, I have the feeling that the political cohesion of the EU will increase and that the EU will be far more coordinated in its approach to the geostrategic and geopolitical questions. France realises that by itself, without the size of the EU, it might not be a significant actor. A French military presence will be compelling only if it acts on behalf of the EU.

Europe believed that it could change China by engaging with them, however I suspect China will change the EU before the EU changes China.

In terms of other partners, Europe has made one error. Europe believed that it could change China by engaging with them, however I suspect China will change the EU before the EU changes China. The mistake that the EU makes is that it imagines that an economic and trading partnership will create a degree of political consensus in Beijing. Nevertheless, Beijing is not interested in politics, but in controlling European markets. 

What Europe should do is to consider the importance of India. If the European continent needs to retain its plural characteristics, South Asia is the frontline. What is happening today between India and China is actually a frontline debate on the future of the world order. The Himalayan standoff is just the first of the many that are likely to happen unless this one is responded to. If China is able to change the shape of Asia and recreate the hierarchical Confucian order, don’t be surprised if the fate of Europe will follow the same path. If Europe needs to feel secure in its own existence it needs to create new strong local partnerships – with India, Australia, Indonesia, Japan. The EU needs to see itself as an Indo-Pacific power. The Indo-Pacific is the frontline for European safety. If the Indo-Pacific was to go the other way, the mainland is not going to be safe.

What do you think about the CEE’s role in the new emerging order? We see an increased competition for hearts and minds here. How could India help, in an environment of increased competition and active engagement of China in this space?

The Central Europeans are going to be the centre of attention for many actors. China will buy their love, America will give military assurances and so on. In the near future, many actors will realise the importance of the CEE, simply because it is these countries that will decide which way Europe finally turns. In some ways they are the swing countries, the swing nations that are going to decide whether Europe remains loyal to the ideals of its past or decides to have a new path. CEE countries are in many ways the decisive countries.

CEE has two important options and two important pressures. The options: will they be able to create a consensus (between the Chinese, the Russians, the Old Europe and the new countries like India) or will they be an arena for conflict? Can we create a ‘Bucharest consensus’, where the East and the West, North and the South build a new world order and the new rules for the next 7 decades? If you play it wrong you might become the place where the powers contest, compete and create a mess.

There are also two pressures. Firstly, there is an economic divide in Europe. You are at a lower per capita income, you need to find investment funds for the infrastructure, employment, livelihoods and growth, which results in an economic pressure that needs to be tackled. Therefore, Europe will have to decide if the provenence of the money matters. Does it matter if it is red or green? Does it matter if they come from the West or the East? That is one pressure that needs consideration. How do you meet your own aspirations, while being political about it? 

The other pressure is the road you want to take. How do you envisage the future? Is it going to be a future built on cheap manufacturing? Being an advanced technological society, are you going to be the rule-maker of the Fourth Industrial Revolution or its rule-taker? Secondly, the nature of the economic growth that you are investing in becomes another pressure. This is the second choice that the CEE will have to make. In that sense, I believe that India becomes an actor. As we have experienced this in the past 20 years, we are one of the swing nations that could decide the nature of the world order, thus we may share this experience with you. We have also decided that we don’t want to be a low-cost manufacturing economy like China, but rather a value-creating economy, building platforms. Even if we have a small economic size, we have a billion-people digital platforms, digital cash system, AI laboratories and solutions. 

What is happening today between India and China is actually a frontline debate on the future of the world order. If China is able to change the shape of Asia and recreate the hierarchical Confucian order, don’t be surprised if the fate of Europe will follow the same path.

As we move into the Fourth Industrial Revolution, the tyranny of distance between Europe and India disappears. We don’t have to worry about trade links, land routes and shipping lines. Bits and bites can flow quite rapidly. As we move to the age of 3D printing, to the age of quantum computing, of big data and autonomous systems, the arena where we can cooperate becomes huge. 

India gives Europe room to manoeuvre, room to choose. When it comes to choosing, besides the traditional American and Chinese propositions, there is also a third one – India, a billion-people market.

Do you expect that there is going to be a shift in the EU toward reshoring and ensuring that manufacturing is not captive to Chinese interests or to Chinese belligerence?

I think that we are going to see a degree of reshoring everywhere. It is not going to be only a European phenomenon. Political trust is going to become important. Political trust and value-chains are going to affect one another. Countries are going to be more comfortable with partners who are like-minded. They don’t have to agree on everything, but they should be on the same ideological and political spectrum. 

There are two reasons for this. One is the pandemic that we are currently facing and in a way it exposed the fragility of globalisation as we know it. The hippie and gypsy styles of globalisation are over. I think that people are going to make far more political decisions. The second is that as we start becoming more digitalised societies, individual data and individual space are going to be essential, thus you don’t want those data sets to be shared with countries whose systems you don’t trust. Value is going to increasingly emerge through intimate industrial growth, far more intimate in character – it is going to be about the organs inside your body, it is going to be about the personal experiences, about how we live, transact, date or elect. They are all intimate value chains. The intimate value-chains will require far greater degree of thought than the mass production factories that created value in the XXth century.

The EU may be setting the format for managing our contested globalisation

You mention the rising value of trust, as a currency even. In Europe, we often point out that we are an alliance based on values. But even our closest partner, the US seems to be moving in a much more transactional direction, let alone China and others. You are describing a worldview that is relying increasingly on shared values, at least some capacity to negotiate some common ground, on predictability, whereas in many ways it seems that things are moving in the opposite direction, a much more Realpolitik one. Is this something that is going to last?

The pandemic has brought this trend to the fore. People are going to appreciate trust and value systems more than ever. But I think this was inevitable. If you would recall, India used to be quite dismissive of the EU, calling it “an Empire of gnomes”, with no strategic clout. But if you look at the last two years, India has started to absorb, and in a sense to propose solutions that the EU itself has implemented in the past. India came up with an investment infrastructure framework in the Indo-Pacific that should not create debt trap diplomacy, should create livelihoods, respect the environment and recognise the rights and sovereignty of the people. India came up with this when it saw that the Chinese were breaking all rules and all morality to capture industrial infrastructure spaces. The Americans under Donald Trump also came up with the Blue Dot American project for the Indo-Pacific – a framework that was based on values. Whenever you have to deal with a powerful political opponent you throw the rule book in there. If you don’t want to go to war with them, you will have to manage them through a framework of laws, rules and regulations. The value systems are a very political choice. They are practices and choices enshrined in our constitutions and foundational documents. Therefore, dismissing values and norms as being less political or less muscular is wrong. The EU, “the empire of gnomes” that was much criticised for the first two decades as weak and not geopolitical enough, may well become an example for other countries. If it remains solvent, a vibrant union, and if it is not salami-sliced by the Chinese in the next decade, the EU may well be setting the format for managing our contested globalisation.

This pandemic is the first global crisis where Captain America is missing

How does India see the future of the Quad? Usually the Quad is associated with a certain vision of the Indo – Pacific, free from coercion and open to unhindered navigation and overflight. Are we going to see the emergence of a more formal geopolitical alignment or even an alliance to support a certain vision about Asia?

The Quad is going to acquire greater importance in the coming years. It is going to expand beyond its original 4 members. We’ve already seen South Korea and the Philippines joining the discussion recently. We are going to see greater emphasis by all members doing a number of manoeuvres, projects and initiatives together. The next 5 years will be the age of the Quad. The pandemic started this process. I see three areas where the Quad can be absolutely essential.

One is in delivering global public goods, keeping the sea lines open and uncontested so that trade, energy and people can move with a degree of safety and stability. In a sense, I see the Quad replacing the Pax Americana that was underwriting stability in certain parts of the world. 

The second area is going to be around infrastructure and investments in certain parts of the world. I see the Quad grouping many initiatives that will allow for big investments in countries which currently have only one option – China. The Quad will be able to spawn a whole new area of financial, infrastructure and technology instruments closer to the needs of Asians, South Asian, East African, West Asians including the Pacific Islands. The Quad will be the basis of this kind of relationships in the upcoming years.

Thirdly and most importantly, the role of the Quad will be to ensure that we won’t reach a stage where we have to reject the Chinese. None of us wants a ‘No China’ world, because all of us benefit from China’s growth and economic activities. Many of us have concluded that the only way to keep the Chinese honest in their engagements, economical or political, is to be able to put together a collective front in front of them, not negotiate individually. The EU has done that longer than anyone else and that’s why the Chinese don’t like the EU and apply a ‘divide and conquer’ methodology to get more favourable deals. The Quad is in many ways an expression of that reality, as well of that the middle powers in Asia and Pacific (Indonesia, Australia and Japan) will have to work together, sometimes without the Americans, to negotiate new terms of trade and new energy, or technological arrangements. The Quad in many ways is also the ‘make China responsible’ arrangement, an accountability framework which will keep the Chinese honest and responsible actors in the global system.  

The next 5 years will be the age of the Quad. The Quad in many ways is also the ‘make China responsible’ arrangement, an accountability framework which will keep the Chinese honest and responsible actors in the global system.

Do you also see this trend extending into the political sphere in a kind of collective endeavour both in Asia (through the Quad) and in the West (starting with Europe perhaps) to build a new kind of world order? Do you feel that this ‘middle powers concert’ is one possible way to go? Or do you believe that we are going to be disappointed, as we were by the BRICs, when some of the members drowned in their own domestic problems? 

We are part of a world that doesn’t have any superpowers. The last superpower was America, and that ended with the financial crisis ten years ago. Ever since, we have been literally in a world which had quasi-superpowers like the US, to some extent Russia, the Chinese, but there was no real hegemon that could punish people for bad behaviour and reward people for good behaviour. 

Some of the most interested actors in the Indo-Pacific in the last two to three years happened to be the UK and France. A few years ago, they sensed that if they want to be relevant in the future world order, as it is built and as it emerges, they need to be present in the debates that are unfolding in this part of the world. Both partnered with India – to do military manoeuvres, to create maritime domain awareness stations, to invest in infrastructure and to create clearly the beginnings of a new order that might emerge from here. We will have to create these coalitions to be able to get things done.

The pandemic tells us something which is also quite tragic. Ever since I was born I have never witnessed a global crisis that did not have America as a response leader. This pandemic is the first global crisis where Captain America is missing. What makes it even more complicated is that the successor to Captain America has caused the crisis. Hence, you have the old power, which is absent and engrossed in its own domestic realities, and the new power that has been irresponsible and has put us in this position. Both the previous incumbent and the new contender don’t have the capacity to take action in this world by themselves. This tells us that building a coalition of middle powers is absolutely essential. It is not a luxury, it is not a choice. This is something concerning our own existential reasons that we must invest in.

Do you see this coalition of middle powers as some sort of a ’league of democracies’? It is a concept that was previously advanced by John McCain and now Joe Biden is embracing as his overarching framework for foreign policy. Do you see the potential for creating this league of democracies as some sort of manager and defender of the liberal international order?

I think it is inevitable. Technology is so intimate that we are not going to trust our data with folks we have a suspicion about. Thus, it is this reality that makes this coalition of democracies and like-minded countries inevitable. Even if we may never call it that, it is going to become that. We are going to notice countries engaging in these intimate industries with others who are similar, who are like-minded, who have similar worldviews. Still, this process may take longer than we have. We do not have the luxury of time, because we are going to be destroyed, divided, decimated and sliced in the meantime.

A few countries will have to take leadership – either the French, the UK, the EU itself, or India, or all of them. Until there is an agreement on a big vision for the new world order we must agree to an interim arrangement and have to create a bridging mechanism that takes us from the turmoil of the first two decades of this century to a more stable second half of the century. We don’t want to go through two world wars in order to achieve this unity, as we did in the past century. We need to have some other mechanisms that will prevent conflict, but preserve ethics. 

In this context the EU-India and the CEE-India projects are essential. It is us who have the most at stake, because our future is on the line. The more the world is in turmoil, the less we will be able to grow sustainably. It is our interest to create and invest in institutions and informal institutions that could preserve a degree of values and allow for stability.

Such a coalition reuniting countries from Central Europe, Western Europe and from Asia (such as India, Australia, Japan) will normalise the behaviour of both America and China. I do not think that they behaved responsibly in the last few years – one because of its democratic insanity, and the second because of its absolutist medieval mindset. Along these lines, you have democratic failure at one end and a despotic emergence at the other end. We need to ensure that democracy will survive and that the middle powers will be able to normalise this moment.

What is Russia’s role in all this? Is Russia going to be on our side? Or is it going to be on China’s – considering that sometimes they seem to, although their agendas perhaps align only when it is opportune for both of them?

Russia has an odd reality. It is a country that has a very modest GDP (the second smallest within the BRICs) but it is also a country that is possibly the second most powerful military force in the world. A big military actor with a very small economic size. This is creates a policy asymmetry in Moscow. It has very little stakes in global economic stability or global economic progress, but it has huge clout in the political consequences of developments around the world. The Russians have somehow to be mainstreamed into our economic future. Unless Russia is going to have an active role in the Fourth Industrial Revolution or have real benefits, their economy will stay in the 20th century and therefore their politics is going to reflect a 20th century mindset. If they are included in the economic policies of the future, their politics will evolve too. It is not an easy transition. Nevertheless I would argue that the Russians have to be given more room in European thinking so that they don’t feel boxed into the Chinese corner. The last thing that we should be thinking of is giving Russia no option but to partner with the Chinese. Perhaps the immediate neighbours (the CEE) will not be open to a partnership, taking into account their political history. But countries like India would be able to offer space for manoeuvre. In that sense, India could be a market, a consumer, an investor in the Russian economic future and the CEE-India partnership could become important. Can we together play a role in normalising that relationship? Can we give the Russians an option other than China? If Russia’s economic future is linked to ours, it doesn’t have to be in the Chinese corner. The Russians are not the Chinese. The Chinese take hegemony to a whole new level; the Russians have this odd asymmetry that defines their place in the world. This asymmetry should be addressed with new economic possibilities and incentives. 

The rise of the Middle Kingdom

We’ve been discussing how to react to a world that is increasingly defined by China. But what are China’s plans? What does China want? 

I do not know their plans, but I can tell you how I see China’s emergence, from New Delhi. I define it through what I call the 3M framework.

Firstly, I see them increasingly becoming the Middle Kingdom. Chinese exceptionalism is defined in those terms. They believe they have a special place in the world – between heaven and earth. They will continue to defy the global rules and they will not allow the global pressures to alter their national behaviour or domestic choices.  So we will see the first M, the Middle Kingdom, emerge more strongly in the years ahead.

This pandemic is the first global crisis where Captain America is missing. What makes it even more complicated is that the successor to Captain America has caused the crisis.

Secondly, this Middle Kingdom will make use of modern tools. They see Modernity as a tool, not as an experience. In that sense they use it to strengthen the Middle Kingdom, not to reform and evolve. Such tools include digital platforms, the control of media and a modern army with modern weapons to control and dominate. 

Thirdly, the final M deals with a Medieval mindset. They are a Middle Kingdom with Modern tools and a Medieval mindset that believes in a hierarchical world. We are a world which has moved away from the hierarchies of the past. The world is more flat, people have equal relationships. The Chinese don’t see it like that. They see a hierarchical world, where countries must pay tribute to them. They sometimes use the Belt and Road Initiative to create the tribute system or the debt trap diplomacy to buy sovereignty. Likewise, they use other tools to ensure the subordination of the countries they deal with.

These three Ms are defining the China of today.

Samir Saran curates the Raisina Dialogue, India’s annual flagship platform on geopolitics and geo-economics, and chairs CyFy, India’s annual conference on cyber security and internet governance. He is also the Director of the Centre for Peace and Security at the Sardar Patel Police University, Jodhpur, India. He writes frequently on issues of global governance, climate change, energy policy, global development architecture, artificial intelligence, cyber security, internet governance, and India’s foreign policy and authored four books, the latest of which is called ‘The New World Disorder’. 

The interview was conducted by Oana Popescu and Octavian Manea, as part of the Central Europe-India Forum Initiative created by the Observer Research Foundation (India), Keynote (Czechia) and GlobalFocus Center (Romania).

“We didn’t think it was going to be a peaceful world:” Brent Scowcroft & the world he helped fashion

Almost exactly thirty years ago, on August 2, 1990, Brent Scowcroft sat on a small airplane. Crammed in the seat in front of him, their knees touching, sat George H.W. Bush, the President of the United States. Bush spent the flight on the phone, calling up leaders around the world.

Scowcroft, who was the American President’s principal foreign policy advisor, was madly revising the speech Bush was going to give at their destination in Colorado – he had to make it compatible with the things that had happened the day before. Saddam Hussein, Iraq’s dictator, had sent his troops to invade neighboring Kuwait. The entire world was now watching the United States. The Cold War was almost over. The Berlin wall had fallen. Two Germanies would soon become one. Faced with naked aggression in a somewhat less-than-crucial context, would American leaders look the other way? Or would they conclude that it was in their country’s interest to intervene?

He had had “absolutely no doubt” about Bush’s determination, Scowcroft subsequently recalled (1). A few days later, after landing back at the White House, Bush told journalists that “this will not stand, this aggression against Kuwait.” And another few months later, an international coalition led by US military forces defeated Iraq’s army, with broad reverberations throughout the international system (2). Brent Scowcroft died a few weeks ago, on 6 August 2020. He was 95. Today, the question on many an analyst’s mind is whether America was very much a different country three decades ago, or whether Washington’s key policymakers back then were a different type of people.

Despite Bush’s clear words and Scowcroft apparent lack of doubt, the decision to intervene had not come easy. “Yours is a society which cannot accept [ten thousand] dead in one battle,” Iraq’s dictator had told the US envoy in Baghdad before his daring move. He was implying that Americans had no stomach for long wars in far-away places. For as long as America’s capitalist democracy had been engaged in a deadly battle with Soviet totalitarian communism, leaders in both Washington and Moscow had had little choice but to intervene. But now the Soviets were down and the Americans were surprised by their sudden success, the Iraqis reasoned. The world seemed remarkably unrestrained. These circumstances “will not happen again for fifty years,” an adviser told the Iraqi dictator. It was the “opportunity of a lifetime.” Moscow had its own fish to fry and Washington would swallow his land grabbing, Saddam concluded (3).

“We were trying to set up a method of behavior for the post-Cold War world,” Scowcroft later remembered, and this was the key moment where Washington needed to set the tone for the future.

The Iraqi despot was not alone with his assumption. Before boarding for Colorado, Bush and Scowcroft had attended a meeting that seemed to reach that very conclusion. The US government’s key policymakers had congregated for an hour at the White House. “There was sort of a fait acompli atmosphere,” Scowcroft later recalled (4). All gathered had agreed that they had to protect Saudi Arabia – it was inimical to US interests to permit any power to “gain dominance over Gulf oil supplies,” Pentagon planners had argued before. But the world needed oil, and Saddam would provide it, the officials at the meeting had concluded. Liberating Kuwait was “not viable,” budget officials concerned with the costs of a potential deployment had opined. Military leaders doubted whether their political masters possessed the resolve to go to war over Kuwait. Some had even argued that the crisis offered an “interesting opportunity” to boost production and drive down the global price of oil – to the benefit of US consumers. Dick Cheney, Bush’s Secretary of Defense at the time, later remembered that the general feeling had been that most citizens of Kuwait lived “in the south of France anyway.” (5)

Mere hours later, jam-packed on their small plane, Scowcroft told Bush that he was very disturbed at the tone of the morning meeting. It had skipped over “the enormous stake the United States had in the situation, or the ramification of the aggression on the emerging post-Cold War world.” (6) First, there was a regional dimension. Washington wanted to stabilize the Gulf, and Saddam’s actions were reinforcing old antagonisms. Also, neither Iraq nor Iran could be allowed to dominate the region, and Saddam’s incursion was threatening to start tilting the balance in his direction. However, the second – the global order – dimension was dominating. “We were trying to set up a method of behavior for the post-Cold War world,” Scowcroft later remembered, and this was the key moment where Washington needed to set the tone for the future. (7)

In other words, had the remaining superpower allowed a rogue dictator to do what he wanted, others would have registered the message. Scowcroft, together with his principal White House staffers, worked in the background. Luckily, upon further consideration, various other decisionmakers throughout the US government came to the same conclusion. By the time of the next meeting on the crisis, the tenor had changed. “This is the first test of the postwar system,” Larry Eagleburger, the Deputy Secretary of State, underlined. If Saddam succeeded, “others may try the same thing.” This would be a “bad lesson.” The world would become a more dangerous place – with long-term negative consequences for America’s goals of constructing a liberal and democratic global order. Both US security and prosperity would suffer (8). The bottom line was that the US leadership had to accept the costs of intervention now in order to prevent larger future threats to the national interest.

And yet, Bush’s choice – as preordained as it appears in the rearview mirror – was anything but easy (9). For instance, US military leaders were aware that high losses would once again damage their reputation and, hence, their position within the American society. Scarred by the war in Vietnam a few decades prior, military commanders wanted the armed forces to have the support of the population. Their “number one priority was to rearrange the relation with the American people,” a former official told me a few years ago. Thus, military leaders pushed the President to authorize an overpowering but very expensive deployment – they believed that decisive force would end the war quickly and save (American) lives. (10)

This type of military expedition ultimately delivered a crushing victory, but significantly increased Bush’s political costs in case of defeat. Towards the end of August 1990, Bush met Secretary of State James Baker – who was also his best friend – at the White House. Baker cautioned that the Iraq crisis had “all the ingredients that brought down three of the last five Presidents: A hostage crisis, body bags, and a full-fledged economic recession caused by [expensive] oil.” Bush replied: “I know that, Jimmy, I know that. But we’re doing what’s right; we’re doing what is clearly in the national interest of the United States. Whatever else happens, so be it.” (11) Thus, when the military leadership asked for very large forces to be dispatched to the Gulf, Bush – at Scowcroft’s advice – listened carefully and then stood up and said, “You’ve got it. Let me know if you need more.” He then promptly walked out of the room, leaving everyone stunned. (12)

Bush, Scowcroft, and many of their advisers believed that the international arena remained a highly competitive environment. Thus, they thought it was “romantic” and “wrong” to imagine that history could have ended.

Ultimately, Bush and Scowcroft’s choices were grounded in a particular reading of international affairs and, implicitly, of the post-Cold War era. “We didn’t think it was going to be a peaceful world,” Scowcroft later remembered his and the President’s thinking. “We thought it was going to be a messy world.” (13) Francis Fukuyama, who was at that point the deputy director of the State Department’s policy planning staff, had just advanced his famous and popular end-of-history thesis: With communism dead, nations would converge, and conflict would be avoided. But Bush, Scowcroft, and many of their advisers believed that the international arena remained a highly competitive environment. Thus, they thought it was “romantic” and “wrong” to imagine that history could have ended. Regional disputes, long suppressed by the US-Soviet competition, would be reawakened, and new “political and economic” forces would be “unleashed.” Without the US global engagement, Washington’s international politico-economic designs would be imperiled.(14)

Today, we face a chicken and the egg problem. We see how Donald Trump, the current US President, is abandoning long-held American responsibilities. Was America so different three decades ago that it brough people like Scowcroft and Bush to power to served its interests at that point in time? If this is the case, we should brace ourselves – any American President will be transactional, less interested in global order and stability, and more likely to question the utility of the transatlantic alliance. Conversely, maybe the United States did not change that much, but the people who governed it three decades ago were different individuals, with different priorities and different ideas. Should this be the case, there is hope. Maybe the next President will be able to go back on some of the steps this Administration has taken, especially towards mending Washington’s relationship to Western Europe. In any case, the future remains interesting and uncertain. What is certain is that Scowcroft wisdom will be sorely missed.

References:

  1. Philip Zelikow and James H. McCall, “Interview #2 with Brent Scowcroft,” August 10, 2000, 61, University of Virginia, Miller Center, George H.W. Bush Oral History Project, released August 2020.
  2. The best overview is Richard N. Haass, War of Necessity, War of Choice: A Memoir of Two Iraq Wars (New York: Simon & Schuster, 2010). For a more recent narrative, John Gans, White House Warriors (New York: Norton & Co, 2019), 89-114.
  3. Cited in Jeffrey A. Engel, When the World Seemed New: George H. W. Bush and the End of the Cold War (Boston: Houghton Mifflin Harcourt, 2017), 381 and 388.
  4. Zelikow and McCall, “Interview #2 with Brent Scowcroft,” August 10, 2000, 59.
  5. Sandra Charles, “Memo for Haass: Minutes from NSC/DCM, August 2, 1990, on Iraqi Invasion of Kuwait,” January 22, 1991, Bush Library, Richard N. Haass Presidential Meeting File CF0118-019, NSC Meeting – August 2, 1990 Re: Iraqi Invasion of Kuwait; Philip Zelikow, “Interview with Dick Cheney,” March 16, 2000, 55, University of Virginia, Miller Center, George H.W. Bush Oral History Project; and Norman Schwarzkopf, It Doesn’t Take a Hero: The Autobiography of General H. Norman Schwarzkopf (New York: Bantam, 1993), 297.
  6. George Bush and Brent Scowcroft, A World Transformed (New York: Alfred A. Knopf, 1998), 317–18; and Richard Haass, A World in Disarray: American Foreign Policy and the Crisis of the Old Order (New York, New York: Penguin Press, 2017). Also, Derek Chollet and James Goldgeier, America Between the Wars: From 11/9 to 9/11 (New York: Public Affairs, 2009), 9.
  7. Zelikow and McCall, “Interview #2 with Brent Scowcroft,” August 10, 2000, 61 and 72–73.
  8. John Meacham, Destiny and Power: The American Odyssey of George Herbert Walker Bush (New York: Random House, 2015), 426; and Andrea Mitchell, “Interview with Brent Scowcroft,” November 7, 2007, Princeton University Library, James A. Baker Oral History Project.
  9. For the same conclusion, see Stephen Knott, “Interview with Richard Haass,” May 27, 2004, University of Virginia, Miller Center, George H.W. Bush Oral History Project.
  10. Interview with Joint Chiefs of Staff official, March 2018, Washington D.C. See also Schwarzkopf, It Doesn’t Take a Hero.
  11. James A. Baker and Thomas DeFrank, The Politics of Diplomacy (New York: Putnam, 1995), 277.
  12. Robert M. Gates, “The Scowcroft Model,” Foreign Affairs, August 13, 2020.
  13. Philip Zelikow, “Interview #1 with Brent Scowcroft,” November 12, 1999, 52, University of Virginia, Miller Center, George H.W. Bush Oral History Project.
  14. Brent Scowcroft, “Memo for Bush: US Diplomacy for the New Europe,” December 22, 1989, Bush Library, Scowcroft Collection, 91116 German Unification (December 1989). Also, “Memo for Bush: Your Meetings in Brussels with NATO Leaders,” November 29, 1989, and “US Policy in Eastern Europe in 1990,” January 1990, Bush Library, Scowcroft Collection, 91116 German Unification (November 1989) and NSC Collection, Robert D. Blackwill Chronological Files 30547-010, January 1990. For Francis Fukuyama’s essay, “The End of History?,” The National Interest, no. 16 (Summer 1989): 3–18.

Murder, Blackmail and Corruption: Why CEE needs the Magnitsky Act

What action can the CEE countries take against the “bad guys?” How to send out a clear message that political corruption, blackmail, organ trafficking, rape and other crimes have no place in our countries? And how can we protect ourselves from the worst criminals of the world?

The answer has three words: the Magnitsky Law. An unprecedented global initiative to pass legislation that would allow national governments to impose personal sanctions on human rights violators resembles a thriller movie more than anything.

Who was Sergey Magnitsky, the man whose name probably makes Vladimir Putin grind his teeth in anger? Why is there an undeclared hybrid war raging around this piece of legislation? And how can passing the legislation help the CEE region? 

The story of Sergey Magnitsky – an auditor who changed the world

Eleven years ago, in November 2009, Sergey Magnitsky died in a Russian prison. The reason was neither old age, nor an unfortunate deadly disease. He was tortured, denied medical care, eventually dying of a gall bladder infection. Until the very last moment, he did not stop believing in justice and the positive power of rule of law. Each week, he submitted lengthy official complaints about the state of his health and the way he was treated, requesting contact with his family and proper medical care. During 358 days in detention, he wrote over 400 complaints and petitions seeking justice.

His name is often mentioned together with Anna Politkovskaya and Boris Nemtsov, as a straightforward example of  yet another Russian who paid with his own life for fierce criticism of the Russian political regime. Yet Sergey Magnitsky was never a member of the Russian opposition. He was a lawyer and accountant, working for British billionaire businessman Bill Browder and his hedge fund Hermitage Capital Management, which was until 2004 the biggest foreign investor in Russia. Before his arrest, Magnitsky was investigating a 230 million dollar web of financial fraud, allegedly involving Russian government figures misappropriating funds related to companies which were confiscated from Browder by a criminal group with close ties to Kremlin representatives. His investigations were completely apolitical, purely business-motivated.

Yet in November 2008 three representatives from the Russian Interior Ministry arrested Magnitsky. Ironically, the Interior Ministry officials who arrested him worked for the same officer he testified against. A year later, Magnitsky died in prison. His death has become a symbol of the fight against corruption and the oppression of human rights all over the world. Magnitsky was a tax lawyer and auditor who changed the world, and one who may yet change it even more.

Putin’s Biggest Enemy and International Crusade for Passing the Magnitsky Act

Magnitsky’s death set in motion a spiral of events no one could have anticipated. However, if there was ever a man who could make the impossible possible, Magnitsky’s boss – Bill Browder – was a likely candidate. This billionaire with influential connections at the highest levels of global politics turned almost overnight from one of the biggest advocates of appeasement with the Russian regime and the biggest foreign investor in Russia into, as some call him, Putin’s number one enemy.

His motivation was quite straightforward: there were no legislative tools to bring criminals responsible for Magnitsky’s death to justice. So he decided to persuade the British and the American government to change the legal gamefield. Simply, this law imposes visa bans and asset freezes on individual human rights abusers — particularly those who played a role in Magnitsky’s false arrest, torture and death. However, eventually he decided to turn this into a global initiative, with the ultimate goal of persuading governments all over the world to implement their own version of a piece of legislation called the Magnitsky Act. Browder has spent the last nine years fiercely campaigning for the law, and his efforts are bearing fruit.

Explaining the Magnitsky Act

Proponents call it the first solely human rights violations-focused sanction mechanism in the world. The Magnitsky Act, specifically, is a piece of legislation allowing individual countries to impose personalised sanctions on individuals violating human rights anywhere in the world. The measures which can be implemented include the power to freeze bank accounts and other assets, and ban individuals from entering a given country.  As a result, the Magnitsky Act can be perceived as a tool to strengthen the foreign policy toolkit of individual countries. So far, seven countries have implemented the legislation: the US, Canada, the UK, and the three Baltic countries; the newest addition to this group is Kosovo, which passed the Magnitsky Act at the beginning of 2020.

However, it is not always sunny in the realm of human rights protection, and the piece of legislation does have a number of forceful critics too.

One of the strongest arguments against it concerns a fear of unnecessary antagonisation of Russia, while other critics call the legislation superfluous, given that there are already a number of recognised and effective international sanction regimes under the auspices of international organisations such as the European Union and the United Nations.

A final common argument against it is the altogether defeatist retort that “sanctions will not change anything.” Taking each of these in turn however, reveals these concerns as largely misplaced and unfounded.

a) Universal Human Rights Protection Tool

Russian President Vladimir Putin has called the law „a purely political and unfriendly act“. And just days after the US act was passed, Russia retaliated through deploying a number of countermeasures, including barring Americans from adopting Russian orphans.

More importantly however, even though the initiative was originally envisaged as a tool against a criminal group with close connections to Russian police and the ministry of finance, responsible for Magnitsky’s death, it has since developed much beyond that. Currently, sanctions apply to 148 individuals and entities suspected of human rights abuses and corruption worldwide.

The US government, for instance, has unilaterally imposed sanctions on 94 individuals and 102 entities from 24 countries, including South Sudan, Uganda, Iraq and Cambodia. Among the individuals listed, we find Myanmar officials responsible for the genocide of Rohingya; doctors and Chinese officials involved in illegal organ trafficking of Uyghurs; and warlords from Africa.

The most prominent individuals listed on the US Magnitsky sanctions list include: Chechen Leader Ramzan Kadyrov; the daughter of late Uzbek President Islam Karimov, Gulnara Karimova, who is involved in political corruption; 17 individuals involved in the murder of Saudi journalist Jamal Khashoggi; and, billionaire Israeli mining magnate Dan Gertler.

b) Targeted Sanctions Mechanism

To address the second counterargument, unlike many international sanctions regimes, the Magnitsky Act, by targeting individuals rather than entire countries or sectors, avoids ‘broad-brush’ sanctions that can disproportionately affect more vulnerable citizens in target states.

This targeted approach also enables the direct sanctioning of malicious individuals and networks, even from countries that are considered to be allies or crucial for broader foreign policy priorities. For instance, the 2017 and 2018 US Global Magnitsky sanctions listed above involved Saudi and Israeli nationals, individuals from countries which are strategic allies of the US and, thus, unlikely to be the subject of broader international financial sanctions.

It is true that the EU already has the power to impose sanctions to promote international peace and security, prevent conflict, fight terrorism and defend democratic principles and human rights. Sanctions can be imposed upon governments of third countries (as is the case of Iran, Burma, Venezuela and others), or non-state entities and individuals. However, this current mechanism seems to be insufficient in ever changing geopolitical environments, and the context of challenges that democracies must face.

The EEAS has already undertaken steps to prepare a new sanction mechanism based upon the same principle as the Magnitsky Act.

It is very likely though that the EU will decide to omit Magnitsky’s name, to avoid creating an impression that the law is primarily anti-Russian. This would go directly against the main idea behind the new EU sanctions regime proposal, which is to enable the EU to impose visa bans or to freeze the assets of individuals from any country in the world who commit serious human rights violations and abuses.

Among the proposed crimes that would trigger such sanctions are: extrajudicial, arbitrary or summary executions, enforced disappearances, torture and other cruel, inhumane and degrading treatment. If the law passes, this would send a strong message to those who may commit or be complicit in abuses that the financial centres and currencies of the world’s two largest economies (the EU and the US) are off limits.

Nevertheless, some EU member states still choose (or have chosen to) pass their own versions of the Magnitsky Act. One of the reasons for this might be that this piece of EU legislation is not without its flaws – the proposal only applies to human rights abuses and doesn’t cover corruption like the US version does.

The original version of the Magnitsky Act in the UK does not cover corruption either. The most likely explanation is that they prefer not to rely solely on the EU’s often slow and cumbersome foreign policy processes. Indeed, the Magnitsky Act can actually strengthen the foreign policy even of the member countries of the EU and make it less dependent on it. The Act enables national countries to pass sanctions more quickly and flexibly or pass them against those individuals whom a majority of EU members might not agree about.

c) Projecting Strong Global Message

It is important to maintain that the Act is not simply a symbolic ‘virtue signal’ of international law. Personalised sanctions are of course only one part of the anti-corruption puzzle, but they are an important tool in the arsenal. Such sanctions make it more difficult for criminals to launder illicit gains or continue to do such business in dollars, pounds or euros, the most common global currencies.

They will enable countries to freeze the bank accounts and assets of individuals within their own territories or local banks. They are a successful example of concrete action being taken against the corrupt and the worst human rights abusers, hitting them where it hurts the most – in their pocket. Indeed, as Browder himself states: “These types of individuals keep their money in the West, where property rights and rule of law exists. This led to the idea of the Magnitsky Act, which freezes assets and bans visas of human rights violators.”

Additionally, the inconvenience of being denied entry to the US, Canada, UK or the EU is also a significant penalty, as is the considerable stigma that comes with being sanctioned. Australia, for instance, is currently considering setting a new precedent in its version of the Magnitsky Act, by also including family members of targeted individuals into travel bans, such as children wanting to study at private schools and universities or parents seeking to go to hospitals.

In the words of Elaine Pearson, director of UN Human right watch: “By joining other countries with similar laws, Australia will be sending a strong message to abusive leaders everywhere that there are far-reaching consequences for their actions.”

Implementation in the CEE space

For Magnitsky-type laws to be effective and to have a meaningful impact, it is crucial that more states join in and introduce an equivalent of the Magnitsky Act. Besides the EU, Australia and Sweden, three countries in the CEE region are currently taking steps to pass the law: the Czech Republic, Slovakia and Romania. What then must these countries do, in order to successfully implement the Magnitsky Act, and ensure that its detractors are proven wrong?

Czech Republic: a one-man crusade

In the Czech Republic, the crusade to get the legislation passed has largely taken the form of a one-man show. The legislation is currently being advocated for by one Member of the Czech Parliament – member of the Czech Pirate Party, vice chairman of the committee on defence and the foreign affairs committee, Jan Lipavský. The Minister of Foreign Affairs, social-democrat Tomáš Petříček, a supporter of the EU version of the Magnitsky Act, seems reluctant to embrace a Czech version of the legislation. This could be, at least in part, a result of political pressure from his own political party and from the Czech president, both of which are known for their closeness to autocratic regimes such as Russia and China.

The Pirate Party is in opposition and therefore has very limited options to get any piece of legislation passed. This means that the chances for passing and implementing the Magnitsky Act by the end of the current political mandate in October 2021 are very slim, to say the least. Similarly to the EU approach, Mr. Lipavský has also decided to omit the name “Magnitsky” in the title and simply name it “The Law on Human Right Protection.” Primarily, because it is against the Czech common practice to name laws after people. Secondly, for reasons akin to the EU’s; to avoid allegations of intentionally targeting only Russian officials.

Slovakia: an outsider agenda

For Slovakia, the Magnitsky Act bears a unique meaning. Until this day, Slovakia is the only country from the CEE region which has a citizen who has been directly targeted by the Magnitsky Act. The US administration has decided to add to its sanction list Marián Kočner, a Slovak oligarch who is directly responsible for the murder of Slovakian investigative journalist Ján Kuciak and his fiancee Maria Kušnírová in early 2018. Similarly to the Czech Republic, Slovakia also supported the European version of the Magnitsky Act.

Nevertheless, Slovak political representatives have indicated their interest in the Magnitsky Act before the decision made by Washington. Like in the Czech Republic, the main driving force behind the legislation was a group of MPs led by a member of the Slovak Parliament and leader of the Political Party “Together”, Miroslav Beblavý. One of the promises he made during the political campaign was the promise of passing this legislation if re-elected. During the late February 2020 parliamentary elections, the coalition of liberal parties Together and Progressive Slovakia did not pass the threshold for entering the parliament. With no other political party having the implementation of the Magnitsky Law on its agenda, it is very unlikely that there will be any significant progress on this matter in the foreseeable future.

Romania: a victim of political power play

Out of the three CEE countries in question, the Magnitsky Law proposal got the furthest in Romania, being presented on the floor of the Romanian Senate. The main initiators of this legislation were three members of the Save Romania Union (USR); Adrian Prisnel, Iulian Bulai, and Cristian Ghinea.

Fighting corruption is the most important topic for the third biggest Romanian party and so it made sense for the USR to make this human rights initiative their own. New sanctions were to be made more “flexible” than the older, country-based ones, and were therefore predicted to have a “strong psychological effect” on the abusers. The main punishment was supposed to be the visa ban and asset freeze.

However the proposal was primarily focused on severe human rights abuses. Similarly to the UK and EU Magnitsky Acts, the Romanian proposal did not list corruption as a crime. However, this might come as a surprise for many observers, given that the proposal came from the so-called “anti-corruption” party.

When the three MPs submitted their proposal to the Committee on Foreign Affairs of Romanian Senate in April 2019, they may have expected a positive reaction from fellow MPs. This was partly because, in 2018, 43 Romanian MPs signed a petition urging the government to adopt a ‘Magnitsky Act’, imposing sanctions on human rights abusers. It was also because the draft had been signed as a sign of support by 33 MPs out of 136, most of them from their own faction, but also by three deputies from the ruling Social Democratic Party and two from the National Liberal Party, the second largest party. Thus, there was an indication of broader support. However, the draft was finally declined by the Committee and only members of the USR ended up supporting it.

In the Romanian case, some claim that the Magnitsky Law became a victim of political power play. Indeed, it may well have been viewed by other Romanian political forces as a potential internal political weapon in political battles with the Social Democrat Party and in the ongoing attempt by the USR to take over support from the National Liberal Party, while also reinforcing its position in its tenuous alliance with the PLUS party, another reformist entity led by former European Commissioner and technocrat Prime Minister Dacian Cioloș.

Another possible explanation is that maneuvering against the proposal may also have simply been an attempt to prevent further antagonising Russia, with relations between the two countries at their lowest point in decades and dialogue practically non-existent. However, the USR was not completely discouraged by their loss. In January 2020, the leadership of the USR announced that they would seek to reintroduce a new version of the law.

There has been no progress on this matter ever since. Partially also because according to some, there is a sense that institutions like the DNA (Anti-Corruption Directorate) are strong enough to handle corruption, including transborder.

Also, the state had shown the will in the past to sanction individuals, such as denying Dmitri Rogozin the right to transit Romanian air space. In conclusion, there is very little urgency or impulse to the Magnitsky act and it is very unlikely it will resurface in a foreseeable period of time.

Why it matters

There are also key reasons, specific to the CEE region, for passing this piece of legislation. Primarily, it is about enhancing an international order based on universal values, which is equipped with mechanisms for preventing their extortion.

CEE countries stand to gain from a rules-based order that has powerful enforcement mechanisms, as opposed to a more transactional system, where their negotiating power is likely to be limited. A piece of legislation strengthening their foreign policy in the name of human rights is an epitome of such an order and a logical addition to a national diplomatic toolkit of post-Soviet countries.

At a more profound level, the Magnitsky package, with its both human rights and anti-corruption dimensions, should become part of an expanded arsenal of tools to compete in the 21st century geopolitical arena. Creatively used, it can simultaneously be leveraged for deterrence purposes, but also for lawfare especially against those foreign adversaries that instrumentalise corruption to manoeuvre, exploit and weaponise certain vulnerabilities within the CEE space. The region is particularly prone to malign foreign interference via corruption, clientelism and lack of transparency. The comprehensive Magnitsky legislation could be seen as an important step in enhancing regional resilience to hybrid operations.

CEE: a hybrid target
Recent years have seen frequent hybrid operations intent on meddling in the internal affairs of CEE countries on the part of both Russia and China, clearly indicating that neither of them respects the sovereignty of the CEE region countries. Such influence operations include, but are not limited to, strategic corruption, espionage, blackmail, performed through hacking, as well as other forms of cyber attacks, including the spread of hostile propaganda and disinformation in both the public and virtual space – with a recent spike since the onset of the COVID-19 pandemic. We can recall attempts of espionage in Poland from Chinese-owned Huawei in 2019, the attempted state coup in Montenegro in 2017, and the attempted assassination of Emilian Gebrev in Bulgaria, to name but a few. Or the very recent “Koněv affair” where the decision of the local government of Prague 6 to remove an old statue of Soviet Marshall Koněv from a square in Prague led to a chain of disinformation campaigns, cyber attacks, and the activation of Czech far-left and far-right civil actors.