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By Annie Lentz, Kampelman Fellow On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan. The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages. U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection. Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.” “The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings. Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide. Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals.  The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative Disaster In the early morning hours of April 26, 1986, during a safety test designed to simulate a power outage, a combination of operator error and inherent flaws in reactor design led to an explosion and fire at Chernobyl Nuclear Power Station’s Reactor 4. The graphite fire burned uncontained for nine days, releasing radioactive particles over most of Europe, contaminating Ukraine and neighboring Belarus most severely. It took nearly two full days for Soviet authorities to begin the evacuation of the approximately 50,000 residents of the nearby city of Pripyat, located just a mile away from the power station. A public admission of the accident only came on the evening of April 28 following diplomatic pressure on the Kremlin from the government of Sweden where, earlier that day, monitors at the Forsmark Nuclear Power Plant north of Stockholm had detected elevated radiation levels and suspected an accident in the Soviet Union. Given the secrecy of the Soviet system, the subjectivity of first-hand accounts, and the breakup of the Soviet Union, some of the why and how of what happened remain controversial. This amusement park in Pripyat was scheduled to open on May 1, 1986, a few days before the disaster. Less than six months after the disaster, construction began on nearby Slavutych, a city to replace Pripyat and house the displaced workers from the Chernobyl Nuclear Power Station and their families. Much work remained to be done to contain and assess the April disaster, not to mention run the remaining three reactors, the last of which ceased to operate only in December 2000. The formal decommissioning process of Reactors 1, 2, and 3 began in 2015 and will continue for decades. To this day, many residents of Slavutych board a special train for the power station’s workers transiting Belarus to enter the Exclusion Zone for work at the plant and nearby storage facilities for spent nuclear fuel. Consequences Thirty-three years after that safety test at Reactor 4 went fatally wrong, the nuclear disaster at the Chernobyl Nuclear Power Station remains the worst in world history, superseding the 1979 partial meltdown of a reactor at the Three Mile Island Nuclear Generating Station in Pennsylvania and eclipsing the meltdown of three reactors at Japan’s Fukushima Daiichi Nuclear Power Plant following damage sustained by a catastrophic tsunami in 2011. The accident at Three Mile Island remains the worst in the history of U.S. commercial atomic energy and ranked a 5 (accident with wider consequences) on the International Atomic Energy Agency’s scale of assessing nuclear and radiological events. Chernobyl and Fukushima are the only two disasters to ever be ranked as a 7 (major accident), the scale’s maximum. Due to the differences in the half-lives of the specific contaminants, a full remediation and resettlement around Fukushima holds far greater promise than around Chernobyl. If radioactive leakage can be fully contained at Fukushima, there is a chance that the area could be declared completely safe for permanent human habitation in less than 100 years. By comparison, the first zone of exclusion immediately surrounding Chernobyl’s Reactor 4 is likely to remain unsafe for permanent habitation for thousands of years. The total human, environmental, and financial cost of the disaster is fraught with obvious political sensitivities, but even in the scientific realm, significant disputes remain. The unprecedented magnitude of the Chernobyl nuclear disaster frustrates efforts to draw a definitive conclusion on the lingering effects of the explosion and fire of 1986. While there is wide agreement that somewhere between 30 and 50 people died in the immediate aftermath as a direct result of the accident, consensus breaks down over estimates of a longer-term assessment of deaths attributable to the radioactive fallout from the disaster. Shortly after the disaster, a zone of approximately 1,000 square miles around Reactor 4 was established, evacuated, and condemned for permanent human habitation. This area—known as the Exclusion or Alienation Zone—has begun the long process of being reclaimed by nature. The area is divided between Zone 1 and Zones 2 and 3. The first zone is the immediate vicinity around the Chernobyl Nuclear Power Station and comprises roughly 15 percent of the total Exclusion Zone. It is also contaminated with transuranium elements that decay over a period of thousands of years, placing this area off-limits indefinitely. Zones 2 and 3 comprise the remaining territory and were largely contaminated with elements that decay much faster. Some of this shorter-term contamination is already gone and the rest could be gone in the coming decades. The Exclusion Zone is as alive as it is hauntingly empty. Forests encroach on what were once fertile fields. Butterflies flutter above concrete cracked open by saplings. Wild horses roam by day and wolves by night, and entropy takes its toll on man-made construction. It almost seems that the flora and fauna suffered more from proximity to humans than they now do from lingering radiation in the contaminated soil—a phenomenon known as the ecological paradox. Containment In those first critical hours after the explosion, when firefighters heroically battled a radioactive blaze, efforts were made to erect temporary barriers around the damaged core of Reactor 4. Those emergency efforts continued once the fire was out, but the hasty construction allowed radiation to continue to escape the confines of the reactor and was structurally unsuitable for containing the deadly transuranium elements inside. In 2018, with the support of the international donor community, Ukraine completed construction on the New Safe Confinement facility designed to safely entomb Reactor 4 for as long as 100 years. Helsinki Commission policy advisor Rachel Bauman inside the structure containing Reactor 4. Support from the West, most notably the United States, is critical to safety. Currently, Western contractors are working with Ukrainian partners to complete the construction of a long-term storage facility for spent nuclear fuel from other reactors across the country. Construction is reportedly on, or slightly ahead of, schedule on this facility that is planned to eliminate Ukraine’s need to contract with Russia for its growing storage needs. Protecting the public from the widely dispersed radioactive particulate found within the Exclusion Zone is the main reason for the establishment of the zone itself as well as the multiple checkpoints encountered when leaving the zone. The most immediate danger to further contamination of habitable areas beyond the Exclusion Zone are wildfires; their smoke disperses contaminated debris into the atmosphere and in the direction of prevailing winds. Ukrainian firefighters have trained regularly with firefighters from the American West as they execute what is not only a domestic priority, but an international responsibility. Other regular challenges to the safe administration of the Exclusion Zone are trespassers pursuing adventure, souvenirs, or wild game. Risks include not only the obvious danger of radiation exposure, but also crumbling construction and poor communications should a rescue be needed. Trespassers also risk the safety of the broader public by inadvertently transporting radioactive materials outside the Exclusion Zone. A final, and enduring, challenge to securing the Exclusion Zone lies with waning public interest and thus political pressure to devoting scarce financial resources to protect this beautiful but contaminated landscape for the long term. The Future Government authorities plan to use Exclusion Zone 1 for dangerous industrial activities such as storing spent nuclear fuel or developing massive solar panel farms designed to replace some of the electricity that was once generated by the power station’s four reactors. The remainder of the Exclusion Zone will serve as a buffer between habitable areas and Zone 1 as well as a unique nature preserve and massive open-air laboratory to study any lingering effects of the disaster. Construction site of a future spent storage facility. As the passage of time has made parts of the Exclusion Zone safer, more and more visitors come to learn about those tragic events of the spring of 1986. Locals are beginning to tap a developing market for nuclear tourism, fueled by politicians, scientists, and thrill-seekers. When leaving the Exclusion Zone and passing through the last checkpoint, travelers are greeted by tour buses, flag-carrying guides, and a roadside kiosk selling cheap t-shirts. Increasing interest in Chernobyl tours, and particularly the photogenic abandoned town of Pripyat, ensure a steady stream of income. The city may no longer generate power, but it continues to generate interest.