Author: Frank V. Vernuccio, Jr.

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China’s Growing Espionage Threat

In the aftermath of the revelations about Chinese espionage in the cases of Rep. Eric Swalwell and Senator Diane Feinstein, as well the purchase of influence in the Biden family, many are warning of the growing power and threat of Beijing’s agents, covert and open, in the United States.

What are the views of those entrusted with securing America from these acts? The New York Analysis has examined what has been said by key sources:

FBI Director Christopher Wray detailed the [Chinese Communist Party’s] CCP’s “expansive approach” to stealing information and intellectual property.:

Methods include everything from state-sponsored computer hacking to pressuring researchers to steal data and requiring, by law, that Chinese technology firms share data with the CCP.

[China is] doing all it can to exploit our openness while taking advantage of its own closed system,” noted Wray.

He added that the Chinese regime’s theft of U.S. intellectual property has resulted in one of the largest transfers of wealth in human history.

The FBI director’s warning comes as the U.S. and other countries are taking steps to protect intellectual property from the CCP. President Trump in May issued a proclamation aimed at stopping the CCP from misusing U.S. visas to steal research in support of its military.

Wray said the CCP is unable to compete with the United States’ open system on equal terms, and is instead seeking to be the world’s only super power by any means necessary. He said the CCP’s methods of theft and coercion include:

  • Hacking companies and governments to access information.
  • Paying researchers to steal technology and industrial secrets.
  • Censoring journalists and opposing opinions.
  • Threatening dissidents and their families in China and abroad.
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U.S. law enforcement is working with foreign partners to arrest the responsible people. Wray said federal prosecutors have charged Huawei with racketeering conspiracy, alleging repeated thefts of intellectual property from U.S. companies.

Economic espionage cases linked to China have increased roughly 1,300 percent in the last decade, Wray said. The FBI has more than 1,000 investigations into possible theft of U.S. technology and roughly 1,000 more counter-intelligence investigations related to China, Wray said.

But he also drew a distinction between violations caused by China’s government and the valuable contributions of its people around the world, including to the United States.

“Confronting this threat effectively does not mean we shouldn’t do business with the Chinese,” Wray said. “But it does mean that when China violates our criminal laws and international norms, we’re not going to tolerate it.”

At a speech to the Center for Strategic and International Studies,  Wray described his agency’s effort to counter Beijing’s spies:

“Understanding the Chinese counterintelligence threat better will help us respond to it more effectively. China is taking a multi-faceted approach, so we’ve got to have a multi-faceted response. Our folks at the FBI and at DOJ are working their tails off every day to protect our nation’s companies, our universities, our computer networks, and our ideas and innovation. To do that, we’re using a broad set of techniques—from our traditional law enforcement authorities to our intelligence capabilities.

“…I’ll briefly note that we’re having real success, real impact. With the help of our many foreign partners, we’ve arrested targets all over the globe. Our investigations and prosecutions have exposed the tradecraft and techniques the Chinese use, raising awareness of the threat and our industries’ defenses.

“They also show our resolve and our ability to attribute these crimes to those responsible. And we’ve seen how our criminal indictments have rallied other nations to our cause, which is crucial to persuading the Chinese government to change its behavior. We’re also working more closely than ever with partner agencies here in the U.S., and our partners abroad.

“We’ve got a host of tools we can use, from criminal charges and civil injunctions to things like economic sanctions, entity listings, and visa revocations. We’re also working with CFIUS—the Committee on Foreign Investment in the United States—in its review of foreign investments in American companies that produce critical technologies or collect sensitive personal data of U.S. citizens.

“But we can’t do it on our own; we need a whole-of-society response, with government and the private sector working together. That’s why we in the intelligence and law enforcement communities are working harder to give companies and universities the information they need to make informed decisions and protect their most valuable assets.

“Through our Office of Private Sector, the FBI has stepped up our national outreach to spread awareness of this threat. For example, we’re holding conferences for members of our Domestic Security Alliance Council, where we share information with Fortune 1000 companies about China’s continued efforts to steal intellectual property. We also have private sector coordinators in each of our 56 field offices, who lead our engagement with local businesses and universities.

“We’re meeting with these partners frequently, providing threat awareness briefings, and helping them connect to the right people in the FBI, on any concern. Our Office of Private Sector also engages with a variety of academic associations on the China threat, including the American Council on Education, the Association of American Universities, and the Association of Public and Land-Grant Universities.

“Last October at FBI Headquarters, we hosted an Academia Summit where more than 100 attendees discussed how the academic community can continue to work with the FBI and other federal agencies to tackle national security threats on our campuses. All of this outreach is geared toward helping our partners take the long view and preventing our openness from being exploited.

“In this country, we value our open, free-market system—including the way it attracts international investment and talent to our country. And we value academic freedom—including international collaboration and the benefits we gain from having talented students from abroad, including China, come here to study. We’re not going to change who we are. But at the same time, we’ve got to be clear-eyed and thoughtful about the threat from China and do everything possible to ensure a level playing field between our two countries. So the FBI is encouraging our business and academic partners to keep the long view in mind when engaging with China.

“We’re asking executives and boards of directors to carefully consider who they choose to do business with and who they make part of their supply chains. A decision to enter into a joint venture or contract with a particular vendor might look good to them in the near term. It might make a lot of money today; it might sound great on the next earnings call. But it might not look so great a few years down the road, when they find themselves bleeding intellectual property or hemorrhaging their most sensitive data.

“We’re also encouraging universities to take steps to protect their students from intimidation or control by foreign governments and to give them ways to report such incidents. We’re urging them to seek transparency and reciprocity in their agreements with foreign institutions. And to do their due diligence on the foreign nationals they allow to work and study on their campuses.

“Finally, we’re asking our private sector and academic partners to reach out to us if they see something that concerns them. We’re going to keep working to build trusted relationships with them, so that they know—with confidence—that we’re here to help.

The U.S.-China Security and Economic Review Committee stresses that “The United States faces a large and growing threat to its national security from Chinese intelligence collection operations. Among the most serious threats are China’s efforts at cyber and human infiltration of U.S. national security organizations. These operations are not a recent phenomenon, but reports of Chinese espionage against the United States have risen significantly over the past 15 years.

 “The threat from Chinese intelligence operations also extends overseas. For example, China’s growing technical intelligence collection capabilities are increasing its ability to monitor deployed U.S. military forces. Moreover, by infiltrating and attempting to infiltrate defense entities in U.S. ally and partner countries, China could affect U.S. alliance stability and indirectly extract sensitive U.S. national defense information. Meanwhile, the national security implications of Chinese intelligence collection operations have grown amid U.S.-China competition and Beijing’s expanding military might.”

Illustration: U.S. State Dept.

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China’s Atrocities

There is a significant concern that the Biden Administration will abandon former President Trump’s “get tough” policy with China, particularly in areas such as unfair trade, international aggression, and human rights. In the closing days of the former White House, the State Department issued a report outlining Beijing’s atrocities within its borders.  We present that report, written by then-Secretary of State Michael Pompeo.

The United States of America has led the world in holding the perpetrators of the most heinous human rights abuses accountable. From the Nuremberg Trials, to the creation of the Genocide Convention in 1948, to the declaration of ISIS’s recent genocide against the Yazidis, Christians, and other religious minorities in Iraq and Syria, Americans have given voice to those who have been silenced by evil, and stood with the living who cry out for truth, the rule of law, and justice. We do so not because we are compelled to act by any international court, multilateral body, or domestic political concern. We do so because it is right.

For the past four years, [The Trump Administration] has exposed the nature of the Chinese Communist Party and called it what it is: a Marxist-Leninist regime that exerts power over the long-suffering Chinese people through brainwashing and brute force. We have paid particular attention to the CCP’s treatment of the Uyghur people, a Muslim minority group that resides largely in the Xinjiang Uyghur Autonomous Region in Western China. While the CCP has always exhibited a profound hostility to all people of faith, we have watched with growing alarm the Party’s increasingly repressive treatment of the Uyghurs and other ethnic and religious minority groups.

Our exhaustive documentation of the PRC’s actions in Xinjiang confirms that since at least March 2017, local authorities dramatically escalated their decades-long campaign of repression against Uyghur Muslims and members of other ethnic and religious minority groups, including ethnic Kazakhs and ethnic Kyrgyz. Their morally repugnant, wholesale policies, practices, and abuses are designed systematically to discriminate against and surveil ethnic Uyghurs as a unique demographic and ethnic group, restrict their freedom to travel, emigrate, and attend schools, and deny other basic human rights of assembly, speech, and worship. PRC authorities have conducted forced sterilizations and abortions on Uyghur women, coerced them to marry non-Uyghurs, and separated Uyghur children from their families.

Party apparatchiks have denied international observers unhindered access to Xinjiang and denounced reliable reports about the worsening situation on the ground, instead spinning fanciful tales of happy Uyghurs participating in educational, counter-terror, women’s empowerment, and poverty alleviation projects. Meanwhile, they are delivering far darker messages to their own people, portraying Uyghurs as “malignant tumors,” comparing their faith to a “communicable plague,” and exhorting the Party faithful to implement a crushing blow, telling them “you can’t uproot all the weeds hidden among the crops in the field one-by-one; you need to spray chemicals to kill them all.”

Since the Allied forces exposed the horrors of Nazi concentration camps, the refrain “Never again” has become the civilized world’s rallying cry against these horrors. Just because an atrocity is perpetrated in a manner that is different than what we have observed in the past, does not make it any less an atrocity. Today, I thus make the following determinations:

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  1. After careful examination of the available facts, I have determined that since at least March 2017, the People’s Republic of China (PRC), under the direction and control of the Chinese Communist Party (CCP), has committed crimes against humanity against the predominantly Muslim Uyghurs and other members of ethnic and religious minority groups in Xinjiang. These crimes are ongoing and include: the arbitrary imprisonmentor other severe deprivation of physical liberty of more than one million civilians, forced sterilization, torture of a large number of those arbitrarily detained, forced labor, and the imposition of draconian restrictions on freedom of religion or belief, freedom of expression, and freedom of movement. The Nuremberg Tribunals at the end of World War II prosecuted perpetrators for crimes against humanity, the same crimes being perpetrated in Xinjiang.
  2. In addition, after careful examination of the available facts, I have determined that the PRC, under the direction and control of the CCP, has committed genocide against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang. I believe this genocide is ongoing, and that we are witnessing the systematic attempt to destroy Uyghurs by the Chinese party-state. The governing authorities of the second most economically, militarily, and politically powerful country on earth have made clear that they are engaged in the forced assimilation and eventual erasure of a vulnerable ethnic and religious minority group, even as they simultaneously assert their country as a global leader and attempt to remold the international system in their image.

The United States calls upon the PRC immediately to release all arbitrarily detained persons and abolish its system of internment, detention camps, house arrest and forced labor; cease coercive population control measures, including forced sterilizations, forced abortion, forced birth control, and the removal of children from their families; end all torture and abuse in places of detention; end the persecution of Uyghurs and other members of religious and ethnic minority groups in Xinjiang and elsewhere in China, and afford Uyghurs and other persecuted minorities the freedom to travel and emigrate.

We further call on all appropriate multilateral and relevant juridical bodies, to join the United States in our effort to promote accountability for those responsible for these atrocities. I have directed the U.S. Department of State to continue to investigate and collect relevant information regarding the ongoing atrocities occurring in Xinjiang, and to make this evidence available to appropriate authorities and the international community to the extent allowable by law. The United States, on its part, has spoken out and taken action, implementing a range of sanctions against senior CCP leaders and state-run enterprises that fund the architecture of repression across Xinjiang.

The United States has worked exhaustively to pull into the light what the Communist Party and General Secretary Xi Jinping wish to keep hidden through obfuscation, propaganda, and coercion. Beijing’s atrocities in Xinjiang represent an extreme affront to the Uyghurs, the people of China, and civilized people everywhere. We will not remain silent. If the Chinese Communist Party is allowed to commit genocide and crimes against humanity against its own people, imagine what it will be emboldened to do to the free world, in the not-so-distant future.

Illustration: Pixabay

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Foreign Policy Update

The New York Analysis of Policy and Government provides this summary of the U.S. Position on the Coup in Burma, taken from a State Department briefing.

The U.S. State Department has expressed grave concern regarding the Burmese military’s detention of civilian government leaders, including State Counsellor Aung San Suu Kyi, President Win Myint, and civil society leaders.

After a careful review of the facts and circumstances, The U.S. has assessed that Aung San Suu Kyi, the leader of Burma’s ruling party, and Win Myint, the duly elected head of government, were deposed in a military coup on February 1st.  The State Department continues to call on the Burmese military leadership to release them and all other detained civil society and political leaders immediately and unconditionally.

The U.S. has denounced in the strongest possible terms Burma’s military leaders for seeking to reject the will of the people of Burma as expressed in democratic elections on November 8th, and for taking control of the Government of Burma.  America continues to stand with the people of Burma, as we have done for decades, in their efforts to achieve democracy, freedom, peace, and development.

This assessment triggers certain restrictions in foreign assistance to the Government of Burma, as it should, and in addition, The U.S. will undertake a broader review of our assistance programs to ensure they align with recent events.  At the same time, America will continue programs that benefit the people of Burma directly, including humanitarian assistance and democracy support programs that benefit civil society.

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A democratic, civilian-led government has always been Burma’s best opportunity to address the problems the country faces – weak democratic institutions, intercommunal conflict and strife, an underdeveloped and closed-off economy, and a long history of human rights abuses committed by the military.

The return to civilian rule in 2015 enabled Burma to re-engage with countries and businesses across the globe and move beyond relying on others in the region that do not respect human rights and democratic institutions.

The military’s actions over the last week, and frankly prior to that, have put that progress at grave risk.  A very small circle of Burma’s military leaders have chosen their own interests over the will and well-being of the people.

The U.S. rejects any attempt by the military to alter the outcome of the November 2020 election in Burma.  America will take action against those responsible, including through a careful review of our current sanctions posture as it relates to Burma’s military leaders and companies associated with them.  Most importantly, America will continue to stand with the people of Burma. 

Illustration: Pixabay

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China’s Growing Power Projection

The U.S.-China Economic and Security Review Commission has issued its annual report to Congress. The New York Analysis of Policy and Government will periodically present summaries of their work.

China has made changes to its military strategy, equipment, and  global posture over the last two decades that now enable it to project  power at greater distances from its shores. Under the leadership of  General Secretary Xi, the PLA has begun the process of transforming  itself into a “world-class military” to support his ambitions for national  rejuvenation. China’s strategic requirements relating to the projection  of military power are defending sovereign territory as the CCP defines  it; delaying or denying potential threats or intervention in a regional  conflict or sovereignty dispute by other powers, such as the United  States; and protecting China’s overseas economic interests and sea  lines of communication. PLA strategists argue that a world-class  military must possess a blue-water navy capable of conducting  expeditionary operations with air and ground forces on faraway  continents. Authoritative sources suggest Chinese leaders aspire to  project force and be capable of fighting limited wars around the globe  by the middle of the century. 

Today, the PLA is vigorously updating its equipment, training, and  organization in ways that increase the capacity and range of its power  projection capabilities. The force’s efforts focus on rectifying shortfalls  in six operational areas: amphibious assault, naval power projection,  air power projection and delivery, long-range precision strike, global  logistics, and global command and control. Two notable dimensions  of the PLA’s capability-building efforts are its incorporation of cyber  and space technologies for power projection and its reliance on civilian  entities for global logistics and force sustainment. China’s base in  Djibouti and its expanding access to civilian ports and airfields around  the world also help support the PLA’s global operations. 

China’s power projection capabilities are currently most developed in  East and Southeast Asia, where its activities threaten the security of  the United States and its allies and partners, but these capabilities  diminish as distance from the region increases. To prepare the  groundwork for a future network of overseas military bases and dual 

use logistics facilities, the PLA uses traditional military diplomacy  and humanitarian activities to burnish its image and sway host nation  leaders. China’s overseas access model also relies on civilian ports  operated or majority owned by Chinese SOEs, which may become  dual-use logistics facilities. The PLA’s power projection capabilities  have already had significant ramifications for the U.S. security  architecture in East Asia and could eventually affect the United States’  ability to defend its interests across the globe. 

Key Findings 

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▶ Recent advances in equipment, organization, and logistics have  significantly improved the PLA’s ability to project power and deploy  expeditionary forces far from China’s shores. A concurrent evolution  in military strategy requires the force to become capable of operating  anywhere around the globe and of contesting the U.S. military if  called upon to do so. Chinese leaders have vigorously pushed the  PLA to develop power projection and expeditionary capabilities over  the last 20 years. 

▶ China’s power projection capabilities are developing at a brisk and  consistent pace, reflecting the civilian leadership’s determination  to transform the PLA into a global expeditionary force in a matter  of decades. In the short term (next five years), the PLA will focus  on consolidating the capabilities that would enable it to conduct  large-scale military operations around its maritime periphery. In the  medium term (next 10–15 years), the PLA aims to be capable of  fighting a limited war overseas to protect its interests in countries  participating in the BRI. By mid-century, the PLA aims to be capable  of rapidly deploying forces anywhere in the world. 

▶ China’s basing model includes military facilities operated exclusively  by the PLA as well as civilian ports operated or majority-owned  by Chinese firms, which may become dual-use logistics facilities.  Chinese firms partially own or operate nearly 100 ports globally,  more than half of which involve a Chinese SOE. 

▶ Despite the PLA’s progress in building expeditionary capabilities,  it continues to face a number of challenges in projecting power.  These challenges grow more pronounced the farther away the PLA  operates from China’s immediate periphery and include inadequate  airlift, sealift, at-sea replenishment, and in-air refueling capabilities. 

▶ China’s power projection capabilities are robust in East and Southeast  Asia, where it is building military bases (see Figure 11). In the Indian  Ocean, the PLA deploys naval task forces that regularly operate for  seven to eight months as far away as Africa’s eastern seaboard (see  Figure 10). While the PLA’s power projection capabilities diminish  the farther it operates from China, it is beginning to develop the  ability to project power in the South Atlantic, where it occasionally  conducts naval operations, makes port calls, and carries out  military exercises with local partners. In Latin America and the  Caribbean, where PLA power projection capabilities are weakest,  the force is cultivating political influence and greater access to the  region that will complement the satellite tracking station it already  maintains in Argentina.

Photo: The frigate Enshi (Hull 627), Yongzhou (Hull 628), Bazhong (Hull 625), and Wuzhou (Hull 626) steam in formation during a 9-day maritime training exercise in waters of the South China Sea in late November, 2020. They are attached to a frigate flotilla of the navy under the PLA Southern Theater Command. (eng.chinamil.com.cn/Photo by Zhang Bin)

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State Dept. Approves “Cyberspace Security and Emerging Technologies Bureau”

In one of his final acts before the Trump Administration came to an end, then- Secretary of State Michael Pompeo approved the creation of the Bureau of Cyberspace Security and Emerging Technologies (CSET), and directed that it begin operations.  

According to federal studies, The United States and its allies are facing expanding foreign cyber threats as international trade, communication, and critical infrastructure become increasingly dependent on cyberspace. Members of Congress had proposed, in the Cyber Diplomacy Act of 2019 (H.R. 739), to establish a new office within the State Department that would consolidate responsibility for digital economy and internet freedom issues, together with international cybersecurity issues. The State Department subsequently notified Congress of its plan to establish CSET, with a narrower focus on cyberspace security and emerging technologies.

In a release, the State Department emphasized that “The need to reorganize and resource America’s cyberspace and emerging technology security diplomacy through the creation of CSET is critical, as the challenges to U.S. national security presented by China, Russia, Iran, North Korea, and other cyber and emerging technology competitors and adversaries have only increased since the Department notified Congress in June 2019 of its intent to create CSET.”

The CSET bureau will lead U.S. government diplomatic efforts on a wide range of international cyberspace security and emerging technology policy issues that affect U.S. foreign policy and national security, including securing cyberspace and critical technologies, reducing the likelihood of cyber conflict, and prevailing in strategic cyber competition.  The Secretary’s decision to establish CSET will permit the Department to posture itself appropriately and engage as effectively as possible with partners and allies on these pressing national security concerns.

There was some controversy in establishing CSET. The General Accounting Office, in a report last September, found that State coordinates with other federal agencies to advance U.S. interests in cyberspace, but it has not involved these agencies in the development of its plan to establish a new cyber diplomacy bureau. In 2019, State informed Congress of its plan to establish a new Bureau of Cyberspace Security and Emerging Technologies (CSET) to align cyberspace policy resources with an international security focus and improve coordination with other agencies working on these issues. GAO recommended that additional federal agencies be involved.

In 2018, President Trump issued America’s first cybersecurity strategy  in 15 Years.

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That year,  Director of National Security, Dan Coats. Noted that it was  measure of the growth of cyber and America’s vulnerability to it that cyber threat are at the top of the list of worldwide threats.

Coats revealed that “From U.S. businesses, to the federal government, to state and local governments, the United States is threatened by cyberattacks every day.” Russia, China, Iran and North Korea pose the greatest cyber threats, he said, but others use cyber operations to achieve strategic and malign objectives…Some of these actors, including Russia, are likely to pursue even more aggressive cyberattacks with the intent of degrading our democratic values and weakening our alliances.”

The Department of Defense notes that nonstate actors, which include terrorists and criminal syndicates, exploit weak state capacity in Africa, the Middle East, Asia and Latin America, to cause instability and violence within states and among states. A part of many of these malign actors is their use of cyber.  Coats reports that the United States is under attack by entities that are using cyber to penetrate virtually every major action that takes place in the United States.

The crisis has been noted for some time. In 2015, General Keith Alexander, the former commander of the U.S. Cyber Command, openly worried that the United States was not adequately prepared for a cyber attack. He noted that on a scale of  one to ten in preparedness, the U.S. was at about a three. He emphasized that the time to stop a cyber attack is less than a minute–far less time than preparing for an incoming missile attack.”

The Fireeye organization ‘s report, “Gazing into the Cyber Security Future” notes that “As the technology landscape evolves and attackers continue to adapt, we’re going to see new vulnerabilities to mobile, new operating systems and the cloud—and new ways for attackers to exploit these weaknesses. Preventing every breach is impossible.”

Illustration: Pixabay

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Abuse by U.N. Peacekeepers

The U.S. State Department has addressed the issue of enslavement by U.N. peacekeepers in its latest Report on Human Trafficking.

According to the analysis:

Countries that send troops to participate in peacekeeping missions should be responsible for training their troops on human trafficking and holding those troops accountable if they engage, while on such missions, in inappropriate behavior, including human trafficking. Unfortunately, accountability for peacekeepers complicit in human trafficking has persisted as a serious challenge for governments and the international community.

As early as 2004, the UN drew attention to this issue in its report on sexual exploitation by UN peacekeepers in the Democratic Republic of Congo, highlighting the lack of compliance by troop-sending countries with the UN’s official policy against sexual exploitation and abuse. In some cases, peacekeepers have sexually abused or sexually exploited women and girls, including in sex trafficking, such as by threatening their access to food and other necessities to coerce them into sex. Victims in such cases also face enormous pressure not to report these crimes and abuses or the peacekeepers who committed them, and local authorities rarely have the capacity proactively to identify victims of these crimes. The UN and international community have attempted to address the challenges in holding peacekeepers accountable for sexual exploitation and abuse since reports of abuse emerged in the early 2000s.

Between 2007 and 2019, the UN received 1,033 allegations of sexual exploitation and abuse, including instances of sex trafficking, by UN peacekeeping mission members. During the 13-year stabilization mission in Haiti, peacekeepers allegedly coerced women and girls into sex in exchange for necessities such as food. Reports implicate UN personnel from 13 countries. In 2017, media alleged peacekeepers exploited nine Haitian children in a sex trafficking ring. There were reports that soldiers deployed as UN peacekeepers to Liberia sexually exploited women and children, including in sex trafficking, from 2003-2017. In 2015 and 2016, the UN and NGOs reported peacekeepers from 10 countries coerced internally displaced persons into sex in exchange for food and necessities while participating in the UN peacekeeping force in Central African Republic (CAR).

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Over the years, the UN has adopted several important measures to seek to prevent and address allegations of sexual exploitation and abuse, yet the process of holding perpetrators accountable is often opaque and ineffective. Although the UN may investigate allegations and withdraw peacekeepers, only troop- or police-contributing countries may pursue criminal accountability. And while the UN has the authority to dismiss offending personnel from missions, complicit peacekeepers rarely face a formal criminal justice process. The UN investigates whether allegations are substantiated; however, it does not have the authority to hold individual perpetrators accountable and must ultimately rely on the troop- and police-contributing countries to do so according to that country’s laws. Troop- and police-contributing countries rarely initiate and complete criminal proceedings against alleged perpetrators and, as a result, complicit peacekeepers largely act with impunity. Between 2007 and 2019, troop- and police-contributing countries prosecuted and sentenced to prison 51 peacekeepers for sexual abuse and exploitation. In an effort to increase accountability, the UN began publishing the nationalities of peacekeepers alleged to have committed sexual abuse and exploitation offenses in 2015.

In 2016 and 2018, the UN Security Council adopted two resolutions to strengthen the UN’s response to peacekeeper abuses, including a provision supporting the repatriation of the entire country unit in cases of alleged sexual exploitation and abuse where the relevant government has not taken appropriate steps toward accountability, and a provision calling for evaluation of peacekeeping personnel and greater transparency in how such evaluations ensure accountability. Since then, the UN has taken additional steps to withhold payments for accused uniformed personnel, maintain a transparent website that identifies the nationalities of uniformed peacekeepers accused of sexual exploitation and abuse, and share updates on investigations and actions taken by the UN and troop- and police-contributing countries. This information allows other countries to press governments for investigations and accountability against the perpetrators. Further, UN performance reviews of allegations of sexual abuse and exploitation have resulted in the withdrawal of contingents and the use of other mitigating measures. Additionally, the UN Secretary-General has requested countries establish on-site court martial proceedings when allegations arise involving military contingents to improve access to justice for victims. As of December 2019, Egypt, Bangladesh, and South Africahad conducted such on-site court martial proceedings.

In recent years, the UN Secretary-General has sought to improve the UN’s response to victims of sexual exploitation and abuse. Staff serving as victim rights advocates are now posted in high-risk peacekeeping operations to provide victims with adequate protection, appropriate assistance, and reliable recourse to justice. In 2019, these advocates worked with other UN entities, served as the primary interlocutor with victims of sexual exploitation and abuse, and initiated a pilot mapping exercise to identify best practices, gaps, areas of overlap, and lessons learned in victims’ rights approaches and available services. The results of this study will identify existing gaps in service provision and provide recommendations for improvement.

Even though the lack of accountability for public officials complicit in sexual exploitation and abuse is not limited to peacekeepers, the international community must increase pressure on governments to hold accountable those who participate in multinational forces to maintain peace and protect vulnerable populations under the auspices of the UN, NATO, or other organizations. The UN and other organizations carrying out peace operations, and troop- and police-contributing countries must reflect on peacekeepers’ positions of power and privilege relative to the host population and the myriad ways this dynamic contributes to sexual exploitation and abuse. Troop- and police-contributing countries must review, amend, or develop laws to allow prosecution of such crimes when committed by their personnel while serving overseas. Holding individuals accountable for the exploitation of vulnerable populations will bring new trust and honor to peacekeeping missions. The current culture of impunity threatens to tarnish irreparably the important mission of peacekeepers. 

Illustration: Pixabay

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Quick Analysis

“Lets Give Him a Fair Trial Before We Hang Him!”

Judge John H. Wilson (ret.) provided this insightful article to the New York Analysis of Policy and Government.

Events have moved quickly since the January 6 riot at the Capitol (if you are on the right, its called a “riot,” and if you are on the left, its called an “insurrection”).  Less than 10 days after a Trump rally ended with protestors invading the Capitol building, the House of Representatives has voted in favor of impeachment of former President Donald Trump.  His alleged crime?  “Incitement of insurrection.” 

As described by Reuters, “(s)ome Republicans argued the impeachment drive was a rush to judgment that bypassed the customary deliberative process such as hearings and called on Democrats to abandon the effort for the sake of national unity and healing.”  But Democrats would have none of that.  “Democratic congressman Joaquin Castro called Trump ‘the most dangerous man to ever occupy the Oval Office.’ Congresswoman Maxine Waters accused Trump of wanting civil war and fellow Democrat Jim McGovern said the president ‘instigated an attempted coup.’” 

It is worth noting that the first time the House impeached the President, the hearings moved forward at a more leisurely pace.  Speaker of the House Nancy Pelosi famously stated that “no one is above the law” when she announced the House impeachment inquiry in September of 2019.  From there, on October 31st, “The Democratic-controlled House votes 232-196 to pass a resolution setting procedures for the impeachment inquiry,” then held two weeks of hearings during November of 2019.  It was not until December 18, 2019 that the House voted in favor of two article of impeachment.” 

Incredibly, after voting in the articles of impeachment, Pelosi delayed providing those articles to the Senate.  As reported by CNN at the time, “(s)ome progressives have urged Democratic leaders to withhold the articles until Senate Majority Leader Mitch McConnell, a Kentucky Republican, agrees to the parameters for the Senate trial that Democrats have called for…”  When it became apparent that the Senate would not accede to any demands or requests from the House, the Impeachment Managers made a great fanfare of delivering those articles to the Senate on January 15, 2020, almost four months later. 

Compare that approximately 120-day process with that conducted by the House in less than 10 days this January.  With no hearings.  No evidence.  And no witnesses.

In my column of October 31, 2019, I noted the irregularities in the first impeachment of Donald Trump.  Normally, “the Judiciary Committee is tasked with investigating impeachment allegations…(n)onetheless, the House Impeach Inquiry is not being handled by (the) Judiciary Committee alone – instead, the inquiry is being chaired by Congressman (Adam) Schiff (D-CA), as part of a joint committee.”  Further, “the joint committee investigation has been conducted in secret.  Witnesses are being questioned behind closed doors, in a room shielded from electronic usage, such as cell phones or laptops.”  At that time, I compared these procedures to those used by the Star Chamber of Medieval England. 

What are we to say about an impeachment without any hearings or due process for the accused?

“Lynching was originally a system of punishment used by whites against African American slaves. However, it was a common punishment for horse and cattle rustlers in the 19th century. Men caught committing the crime were often hanged on the spot without the benefit of a trial.”   

To his credit, Chief Justice John Roberts has flatly refused to participate in the lynching of former President Trump.  According to Fox News, “(Senator Chuck) Schumer (D-NY) told MSNBC that the decision was up to Roberts.  ‘The Constitution says the chief justice presides for a sitting president. So it was up to John Roberts whether he wanted to preside with a president who is no longer sitting, Trump, and he doesn’t want to do it,’ Schumer said.”

Then who will preside at this impeachment trial?  “Senate President Pro Tempore Patrick Leahy (D-Vt.), the most senior member of the Senate Democratic Conference, will preside over the trial. Leahy on Monday confirmed he would wield the gavel and promised to administer ‘impartial justice.’  ‘The president pro tempore has historically presided over Senate impeachment trials of non-presidents,’ he said in a statement. 

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Yes, you read that right – a senior Democratic senator will preside over the impeachment trial of a Republican former president, on charges brought by a Democratic majority of the House.

To compound the “through the looking glass” insanity of this appointment, Leahy will not only serve as judge of the impeachment trial – he will also be sworn in as a juror, along with the rest of the Senate. 

Luckily, some Senators have shown some sense under these circumstances.  “Sen. Rand Paul said he will force senators to vote…over the constitutionality of holding an impeachment trial for a former president, which he thinks will prove the futility of Democrats proceeding with the effort.”  According to the Washington Times, “’I think it’ll be enough to show that…more than a third of the Senate thinks that the whole proceeding is unconstitutional…’ Mr. Paul told reporters.” 

Though Senator Paul’s Point of Order did not succeed, as the senator stated in a Tweet, “45 Senators agreed that this sham of a ‘trial’ is unconstitutional. That is more than will be needed to acquit and to eventually end this partisan impeachment process. This ‘trial’ is dead on arrival in the Senate.” 

Indeed, Senator Paul and 45 of his colleagues are not the only ones to consider this process invalid and unconstitutional.  According to Brian Darling in Townhall, “The argument against trying Donald J. Trump in the Senate is short and simple. The Constitution forbids an impeachment trial of a private citizen by the U.S. Senate.

“Our Founders did not permit ‘former presidents’ to be subject to impeachment trials. Article II, Section 4 of the Constitution states: ‘The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.’ Seems like an open and shut case that a private citizen, who is a former president, can’t be the subject of a trial in the U.S. Senate.” 

Thus, we have a rushed impeachment vote, without any hearings, evidence or witnesses, presented to a divided Senate, in which a senior Democratic Senator will act as both judge and juror.  What could be unfair about this?

It is worth noting that the only other time the Senate tried to impeach a private citizen was 1876.  William Belknap was accused of “’criminally disregard(ing) his duty as Secretary of War, and basely prostitut(ing) his high office to his lust for private gain.’ A majority of the senators voted to convict Belknap for his crimes, but they failed to reach the two-thirds majority required, so he won acquittal.”   

We can expect the same result here.

Illustration: Pixabay

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Quick Analysis

How Communists Conduct “Deprogramming”

Judge John H. Wilson (ret.) provides this exclusive report to the New York Analysis of Policy & Government

Recently, several prominent journalists and politicians have called for the “deprogramming” of supporters of former President Donald Trump.  Most famously, Newswoman Katie Couric had this  exchange with Bill Maher on his show, “Real Time” – “’(W)hat do you do about these people?’…Mr. Maher said. ‘What do you do about people who are in the government who don’t believe in our way of government?’

“’It is so shocking,’ Ms. Couric responded. ‘Not only are they not conceding, Bill…I also think some of them are believing the garbage that they are being fed 24/7 on the internet, by their constituents, and they bought into this big lie,’ she continued. ‘And the question is how are we going to really almost deprogram these people who have signed up for the cult of Trump.’” 

Couric is not the only media personality who would like to see a change in the viewpoint of those on the right.  As reported by Fox News, Couric’s “language mirrored that of liberal Washington Post columnist Eugene Robinson, who said last week on MSNBC that ‘there are millions of Americans, almost all White, almost all Republicans, who somehow need to be deprogrammed.’” 

In an interview with former cult member Steven Hassan, Joe Hagan of Vanity Fair writes that “Trump, (Hassan) holds, has all the characteristics of a cult leader, and his followers the qualities of a cult, from the all-consuming devotion to a single malignant narcissist to the daily consumption of ‘alternative facts’ to immunize them against cognitive dissonance (a.k.a. reality).”  How would Hassan go about “deprogramming” more than 70 million Americans?  “Hassan says they can be, but the process will require not only empathy and individual family involvement but a wholesale change in how social media and information systems separate fact from dangerous fictions.” 

In other words, eliminate the sources of information for Republicans in general, and Trump supporters in particular, such as Fox News, Newsmax, and eventually, usagovpolicy.com.  

Putting aside the obvious fallacy of one side believing it has a monopoly on the truth, and wishing to impose that version of the truth on at least half the American population, deprogramming is not a gentle process.  It is not accomplished with any level of “empathy” either.  According to the New World Encyclopedia, “Deprogramming is the process of removing a person thought to be under ‘mind control’ from a religious or other community and influencing him or her to abandon allegiance to the group…Historically, it usually involved confining the person against his or her will without prior psychological evaluation…The courts in democratic countries where deprogramming occurred have generally ruled that it constitutes a serious crime, involving both kidnapping and a violation of the victim’s right to freedom of religion and association…A widespread state-sponsored, often extremely violent deprogramming campaign is in progress in China against members of the Falun Gong spiritual movement.” 

The Encyclopedia entry goes on to detail the general procedures for deprogramming, procedures with which Mr. Hassan should be very familiar.  These include “Voluntary or involuntary removal from the ‘cult’ community,” “Holding the person in isolation, usually against their will,” and “Eliciting an overt sign that (the) deprogrammee has renounced his or her allegiance to the cult, such as a public renunciation.”

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Now, where have we heard of the need for “public renunciation” before?

“On October 1, 1949, (Mao Zedong) announced the creation of the People’s Republic of China…In the early years came consolidation of victory across his vast, populous nation: there were many class enemies and opponents of the revolution to neutralize and punish…Mao called for the young to go forth and ferret out the people’s enemies…The infamous Red Guards spread across China, waving copies of the Little Red Book of Mao’s slogans…Their ‘struggle sessions’ were highlighted by coerced ‘self‐​criticism’ and public humiliation of anyone deemed insufficiently radical. Anyone in authority could be dragged before a crazed mob. Individuals with Western connections could be punished while their homes were ransacked. Universities were closed, education was abandoned, students were sent into the countryside to work and ‘learn from the peasants.’” 

The concept of a “struggle session” should be examined in more detail.  In her book, Enemies of the People, author Anne F. Thurston gives a description of a notorious struggle session held for the Chinese professor You Xiaoli:

“You Xiaoli was standing, precariously balanced, on a stool. Her body was bent over from the waist into a right angle, and her arms, elbows stiff and straight, were behind her back, one hand grasping the other at the wrist. It was the position known as ‘doing the airplane.’ Around her neck was a heavy chain, and attached to the chain was a blackboard, a real blackboard, one that had been removed from a classroom at the university where You Xiaoli, for more than ten years, had served as a full professor. On both sides of the blackboard were chalked her name and the myriad crimes she was alleged to have committed…

“The scene was taking place at the university, too, in a sports field at one of China’s most prestigious institutions of higher learning. In the audience were You Xiaoli’s students and colleagues and former friends. Workers from local factories and peasants from nearby communes had been bussed in for the spectacle. From the audience came repeated, rhythmic chants … ‘down with You Xiaoli! Down with You Xiaoli!’

“’I had many feelings at that struggle session,’ recalls You Xiaoli. ‘I thought there were some bad people in the audience. But I also thought there were many ignorant people, people who did not understand what was happening, so I pitied that kind of person. They brought workers and peasants into the meetings, and they could not understand what was happening. But I was also angry.” 

It is not likely that either Katie Couric or Eugene Robinson truly wish to subject almost half of America to this form of “reeducation” and “deprogramming.”  More than likely, they will be satisfied with eliminating their competition and becoming the sole source of information and news for the nation.  But to even use this terminology exhibits either a fundamental ignorance of history, or an authoritarian impulse which is unAmerican to it core.  In either case, the impulse to “deprogram” people with whom you have political differences is clearly dangerous for all concerned.

Illustration: Pixabay

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Foreign Policy Update

From the U.S. State Department

National Slavery and Human Trafficking Prevention Month

January is National Slavery and Human Trafficking Prevention Month.  Every year since 2010, the President has dedicated the month to raising awareness about the different forms of human trafficking, also known as modern slavery, and educating people about this crime and how to spot it.  In January, the Department of State raises awareness of human trafficking domestically and abroad through U.S. embassies and consulates.  We also celebrate the efforts of anti-trafficking organizations, communities of faith, state and local law enforcement, survivor advocates, businesses, and private citizens all around the world to promote this important cause.  Everyone can play a part in ending human trafficking.

The History Behind the Month

The significance of January originates from the Emancipation Proclamation, which President Abraham Lincoln issued on January 1, 1863, declaring 3.1 million slaves free.  In 1865, Congress passed and the states ratified the 13th Amendment to the Constitution, officially outlawing slavery and involuntary servitude in the United States.

More than 20 years ago, the Trafficking Victims Protection Act (TVPA) of 2000 enshrined the United States’ commitment to combating modern slavery domestically and internationally.  With this bipartisan law, the United States reaffirmed the fundamental promise of “forever free” enshrined within the Emancipation Proclamation.

In 2010, by presidential proclamation, January was declared National Slavery and Human Trafficking Prevention Month.  Since then, eleven presidential proclamations have followed.   These proclamations not only raise the profile of the issue, they are also snapshots of global trends and challenges, and significant U.S. anti-trafficking policy achievements.  Some highlights include:

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Through National Slavery and Human Trafficking Prevention Month, we as a nation reaffirm President Lincoln’s promise of freedom, and that “neither slavery nor involuntary servitude shall exist in the United States.”  We are reminded that on the first day of the year, and every day following, we must each recommit to do our part to end human trafficking.

Human Trafficking

Trafficking in persons, also known as modern slavery or human trafficking, includes both forced labor and sex trafficking.  Human trafficking represents a threat to international peace and security.  It undermines the rule of law, robs millions of their dignity and freedom, enriches transnational criminals and terrorists, and threatens public safety and national security everywhere.

By some estimates, as many as 24.9 million people — adults and children — are trapped in a form of human trafficking around the world, including in the United States.  Instability caused by natural disasters, conflict, or a pandemic can increase opportunities for traffickers to exploit others.  During the COVID-19 pandemic, traffickers are continuing to harm people, finding ways to innovate and even capitalize on the chaos.

Like the United States, many countries around the world have worked to implement the “3P” paradigm of prosecuting traffickers, protecting victims, and preventing the crime through the passage and implementation of national anti-trafficking laws.  Today, there are 178 parties to the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons.  Only 15 of the 188 countries and territories assessed in the Department of State’s 2020 Trafficking in Persons Report have yet to adhere to this international standard to ensure their laws criminalize all forms of human trafficking, and take concerted steps to prevent human trafficking, protect all victims, and cooperate internationally to combat this global crime.

Despite the nearly worldwide adoption of international and domestic norms to address and prevent human trafficking, we continue to witness traffickers exploit men, women, transgender individuals, and children in the United States and around the world.  But everyone has the power to help make a difference.  Every National Slavery and Human Trafficking Prevention Month proclamation ends with the same call to action, that “all Americans…recognize the vital role we can play in ending all forms of slavery.”

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Quick Analysis

U.S.-China Links in Healthcare and Biotechnology

The U.S.-China Economic and Security Review Commission has issued its annual report to Congress. The New York Analysis of Policy and Government will periodically present summaries of their work.

Beijing views its ability to deliver high-quality healthcare to Chinese  citizens as a key aspect of maintaining its legitimacy, yet much of  China’s healthcare infrastructure is out of date and struggles  to meet even the basic needs of many patients. Consequently,  Chinese policymakers have set ambitious targets for improvements  to China’s healthcare system. In particular, the Chinese government  has prioritized high-growth sectors such as biotechnology (biotech),  digital health, and precision medicine. These sectors not only offer the  potential of improving China’s healthcare system but also align with  Beijing’s industrial policy goals of moving up the global value chain. 

Despite officially encouraging foreign participation in China’s  healthcare sector, the Chinese government continues to place foreign  firms at a disadvantage, most notably in terms of collecting and  sharing healthcare data, which is an increasingly vital component of  new healthcare treatments. This data collection occurs through legal  channels such as investment in U.S. firms and academic research  partnerships as well as illicit methods such as state-sponsored hacking  of U.S. healthcare providers and businesses. China’s collection of U.S.  healthcare data raises privacy concerns for U.S. citizens. China’s 

nonreciprocal collection of health data gives Chinese firms a distinct  advantage in research and development, threatening to erode U.S.  leadership in medicine and biotech by allowing Chinese companies  access to both U.S. and Chinese datasets while blocking U.S.  competitors from Chinese data. This comes at a time when the rapid  advancement of biological sciences has led to a “biorevolution” that  will have increasingly important economic and security implications. 

While Chinese policymakers have aggressively supported cutting edge biotech developments, they have paid far less attention to  China’s public health system. Years of underfunding, increasing  staffing shortfalls, and bureaucratic weaknesses in much of China’s  public health system have undermined the country’s ability to stop  the spread of infectious diseases. Moreover, an increasingly repressive  political atmosphere has silenced healthcare workers and journalists  reporting on such outbreaks, preventing vital information-sharing in  the early stages of the COVID-19 outbreak. Beijing’s unwillingness  to cooperate or share information with foreign governments and  international organizations further obstructed efforts to contain what  was initially a localized outbreak. The widespread loss of human life  and economic devastation in the wake of the COVID-19 pandemic  has vividly exposed the shortcomings in China’s epidemiological  preparedness and demonstrated the worldwide ramifications of the  CCP’s policy priorities. 

Key Findings  

▶ Longstanding problems in China’s public health system, including  funding shortfalls and bureaucratic weaknesses, have undermined  the country’s epidemiological preparedness. These vulnerabilities  are compounded by a political atmosphere that silences and  punishes healthcare workers who raise concerns about potential  disease outbreaks because the CCP fears such disclosures could  undermine social stability. As a result, the risk of another epidemic  in China will remain heightened even as Beijing attempts to improve  its public health system in the wake of the COVID-19 pandemic. 

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▶ Chinese regulators have officially encouraged foreign participation  in China’s healthcare sector but maintain regulatory barriers that  disadvantage foreign firms and hinder free competition. Most notably,  Beijing has placed increasingly tight restrictions on foreign firms’  ability to access and share healthcare-related data collected in China. 

▶ The Chinese government has made the collection of domestic and  foreign healthcare data a national priority and has sought access  to U.S. healthcare data through both licit and illicit means. Chinese  entities have gained access to U.S. healthcare data through  investment in U.S. firms, sales of equipment and services, and  partnerships with U.S. universities and hospitals, even as Beijing  prevents U.S. entities from gaining reciprocal access to Chinese  data. Chinese state-sponsored groups have also obtained U.S.  healthcare data and targeted COVID-19 research by hacking U.S.  healthcare providers and businesses. 

▶ Through its scientific talent recruitment programs, the Chinese  government has systematically targeted the U.S. research  community, particularly participants in the biological and medical  sciences. Although there are many benefits to research cooperation,  Beijing has used financial inducements and other means to  encourage foreign researchers to establish shadow laboratories in  China that mirror federally funded research conducted in the United  States and facilitate the transfer of commercially and medically  valuable research to China. 

▶ While China has made significant improvements to its healthcare  system, substantial shortfalls remain. In particular, China lacks  a long-term care infrastructure for its aging population and its  healthcare system is underequipped to handle challenges posed by  the rise in chronic disease. 

▶ China’s policymakers are making major efforts to improve the quality  and affordability of healthcare, prioritizing innovation in technologies  and treatments to manage rising chronic disease. Prior to the  outbreak of COVID-19, infectious disease monitoring and prevention  have received comparatively less attention

Illustration: Pixabay