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Obama issues Presidential Study Directive on Mass Atrocities and Proclamation on suspension of entry into the US of human rights abusers

Today, President Barack Obama issues to presidential documents dealing with issues relating to human rights abusers. The first is a Presidential Study Directive on Mass Atrocities; the second a Presidential Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses. They follow below:

The White House

Office of the Press Secretary

For Immediate Release
August 04, 2011

Presidential Study Directive on Mass Atrocities

PRESIDENTIAL STUDY DIRECTIVE/PSD-10

MEMORANDUM FOR

THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF HOMELAND SECURITY
ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
UNITED STATES TRADE REPRESENTATIVE
REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE UNITED NATIONS
ASSISTANT TO THE PRESIDENT AND NATIONAL SECURITY ADVISOR
DIRECTOR OF NATIONAL INTELLIGENCE
COUNSEL TO THE PRESIDENT
ASSISTANT TO THE PRESIDENT FOR LEGISLATIVE AFFAIRS
DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAIRMAN OF THE JOINT CHIEFS OF STAFF
CHIEF EXECUTIVE OFFICER, MILLENNIUM CHALLENGE CORPORATION
DIRECTOR OF THE PEACE CORPS
DEPUTY ASSISTANT TO THE PRESIDENT AND NATIONAL SECURITY ADVISOR TO THE VICE PRESIDENT
DIRECTOR OF THE NATIONAL SECURITY AGENCY
DIRECTOR OF THE DEFENSE INTELLIGENCE AGENCY

SUBJECT: Creation of an Interagency Atrocities Prevention Board and Corresponding Interagency Review

Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States.

Our security is affected when masses of civilians are slaughtered, refugees flow across borders, and murderers wreak havoc on regional stability and livelihoods.  America’s reputation suffers, and our ability to bring about change is constrained, when we are perceived as idle in the face of mass atrocities and genocide.  Unfortunately, history has taught us that our pursuit of a world where states do not systematically slaughter civilians will not come to fruition without concerted and coordinated effort.

Governmental engagement on atrocities and genocide too often arrives too late, when opportunities for prevention or low-cost, low-risk action have been missed.  By the time these issues have commanded the attention of senior policy makers, the menu of options has shrunk considerably and the costs of action have risen.

In the face of a potential mass atrocity, our options are never limited to either sending in the military or standing by and doing nothing.  The actions that can be taken are many    they range from economic to diplomatic interventions, and from non combat military actions to outright intervention.  But ensuring that the full range of options is available requires a level of governmental organization that matches the methodical organization characteristic of mass killings.

Sixty six years since the Holocaust and 17 years after Rwanda, the United States still lacks a comprehensive policy framework and a corresponding interagency mechanism for preventing and responding to mass atrocities and genocide.  This has left us ill prepared to engage early, proactively, and decisively to prevent threats from evolving into large scale civilian atrocities.

Accordingly, I hereby direct the establishment of an interagency Atrocities Prevention Board within 120 days from the date of this Presidential Study Directive.  The primary purpose of the Atrocities Prevention Board shall be to coordinate a whole of government approach to preventing mass atrocities and genocide.  By institutionalizing the coordination of atrocity prevention, we can ensure:  (1) that our national security apparatus recognizes and is responsive to early indicators of potential atrocities; (2) that departments and agencies develop and implement comprehensive atrocity prevention and response strategies in a manner that allows “red flags” and dissent to be raised to decision makers; (3) that we increase the capacity and develop doctrine for our foreign service, armed services, development professionals, and other actors to engage in the full spectrum of smart prevention activities; and (4) that we are optimally positioned to work with our allies in order to ensure that the burdens of atrocity prevention and response are appropriately shared.

To this end, I direct the National Security Advisor to lead a focused interagency study to develop and recommend the membership, mandate, structure, operational protocols, authorities, and support necessary for the Atrocities Prevention Board to coordinate and develop atrocity prevention and response policy.  Specifically, the interagency review shall identify:

  • operational protocols necessary for the Atrocities Prevention Board to coordinate and institutionalize the Federal Government’s efforts to prevent and respond to potential atrocities and genocide, including but not limited to:  identifying (standing and ex officio) members of the Atrocities Prevention Board; defining the scope of the Atrocity Prevention Board’s mandate and the means by which it will ensure that the full range of options and debate is presented to senior-level decision makers; identifying triggers for the development of atrocity prevention strategies; identifying any specific authority the Atrocities Prevention Board or its members should have with respect to alerting the President to a potential genocide or atrocity;
  • how the Intelligence Community and other relevant Government agencies can best support the Atrocities Prevention Board’s mission, including but not limited to:  examining the multiplicity of existing early warning assessments in order to recommend how these efforts can be better coordinated and/or consolidated, support the work of the Atrocities Prevention Board, and drive the development of atrocity prevention strategies and policies; examining options for improving intelligence and open source assessments of the potential for genocide and mass atrocities; and examining protocols for safely declassifying and/or sharing intelligence when needed to galvanize regional actors, allies, or relevant institutions to respond to an atrocity or genocide; and
  • steps toward creating a comprehensive policy framework for preventing mass atrocities, including but not limited to:  conducting an inventory of existing tools and authorities across the Government that can be drawn upon to prevent atrocities; identifying new tools or capabilities that may be required; identifying how we can better support and train our foreign and armed services, development professionals, and build the capacity of key regional allies and partners, in order to be better prepared to prevent and respond to mass atrocities or genocide.

In answering these questions, the interagency review shall consider the recommendations of relevant bipartisan and expert studies, including the recommendations of the bipartisan Genocide Prevention Task Force, co-chaired by former Secretaries Madeleine K. Albright and William Cohen.

I direct the National Security Advisor, through the National Security Staff’s Director for War Crimes and Atrocities, to oversee and direct the interagency review, which shall include representatives from the following:

Office of the Vice President
Department of State
Department of the Treasury
Department of Defense
Department of Justice
Department of Homeland Security
United States Mission to the United Nations
Office of the Director of National Intelligence
Central Intelligence Agency
United States Agency for International Development
Joint Chiefs of Staff
Peace Corps
National Security Agency
Defense Intelligence Agency

Executive departments and agencies shall be responsive to all requests from the National Security Advisor-led interagency review committee for information, analysis, and assistance.

The interagency review shall be completed within 100 days, so that the Atrocities Prevention Board can commence its work within 120 days from the date of this Presidential Study Directive.

BARACK OBAMA

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The White House

Office of the Press Secretary

For Immediate Release
August 04, 2011

Presidential Proclamation–Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses

SUSPENSION OF ENTRY AS IMMIGRANTS AND NONIMMIGRANTS OF PERSONS WHO PARTICIPATE IN SERIOUS HUMAN RIGHTS AND HUMANITARIAN LAW VIOLATIONS AND OTHER ABUSES

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

The United States enduring commitment to respect for human rights and humanitarian law requires that its Government be able to ensure that the United States does not become a safe haven for serious violators of human rights and humanitarian law and those who engage in other related abuses.  Universal respect for human rights and humanitarian law and the prevention of atrocities internationally promotes U.S. values and fundamental U.S. interests in helping secure peace, deter aggression, promote the rule of law, combat crime and corruption, strengthen democracies, and prevent humanitarian crises around the globe.  I therefore have determined that it is in the interests of the United States to take action to restrict the international travel and to suspend the entry into the United States, as immigrants or nonimmigrants, of certain persons who have engaged in the acts outlined in section 1 of this proclamation.

NOW, THEREFORE, I, BARACK OBAMA, by the authority vested in me as President by the Constitution and the laws of the United States of America, including section 212(f) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would be detrimental to the interests of the United States.  I therefore hereby proclaim that:

Section 1.  The entry into the United States, as immigrants or nonimmigrants, of the following persons is hereby suspended:

(a)  Any alien who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, widespread or systematic violence against any civilian population based in whole or in part on race; color; descent; sex; disability; membership in an indigenous group; language; religion; political opinion; national origin; ethnicity; membership in a particular social group; birth; or sexual orientation or gender identity, or who attempted or conspired to do so.

(b)  Any alien who planned, ordered, assisted, aided and abetted, committed or otherwise participated in, including through command responsibility, war crimes, crimes against humanity or other serious violations of human rights, or who attempted or conspired to do so.

Sec. 2.  Section 1 of this proclamation shall not apply with respect to any person otherwise covered by section 1 where the entry of such person would not harm the foreign relations interests of the United States.

Sec. 3.  The Secretary of State, or the Secretary’s designee, in his or her sole discretion, shall identify persons covered by section 1 of this proclamation, pursuant to such standards and procedures as the Secretary may establish.

Sec. 4.  The Secretary of State shall have responsibility for implementing this proclamation pursuant to such procedures as the Secretary, in consultation with the Secretary of Homeland Security, may establish.

Sec. 5.  For any person whose entry is otherwise suspended under this proclamation entry will be denied, unless the Secretary of State determines that the particular entry of such person would be in the interests of the United States.  In exercising such authority, the Secretary of State shall consult the Secretary of Homeland Security on matters related to admissibility or inadmissibility within the authority of the Secretary of Homeland Security.

Sec. 6.  Nothing in this proclamation shall be construed to derogate from United States Government obligations under applicable international agreements, or to suspend entry based solely on an alien’s ideology, opinions, or beliefs, or based solely on expression that would be considered protected under U.S. interpretations of international agreements to which the United States is a party.  Nothing in this proclamation shall be construed to limit the authority of the United States to admit or to suspend entry of particular individuals into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or under any other provision of U.S. law.

Sec. 7.  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Sec. 8.  This proclamation is effective immediately and shall remain in effect until such time as the Secretary of State determines that it is no longer necessary and should be terminated, either in whole or in part.  Any such termination shall become effective upon publication in the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of August, in the year of our Lord two thousand eleven, and of the Independence of the United States of America the two hundred and thirty-sixth.

BARACK OBAMA

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(HT: Martha Heinemann Bixby)

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Anthony Clark Arend is Professor of Government and Foreign Service at Georgetown University and the Director of the Master of Science in Foreign Service in the Walsh School of Foreign Service.

Commentary and analysis at the intersection of international law and politics.