"Abuses [of power] thrive when no one is watching", says leading human rights lawyer, Amal Clooney.
On 15 May 2020, Clooney urged Australian MPs to pass a 'Magnitsky Act' to prevent authoritarian regimes and individuals from undermining civil liberties. Presenting evidence via video before a Senate inquiry into the introduction of such an act, Clooney warned that: "The current health crisis has only served to exacerbate what was an existing human rights crisis."
She emphasised that "international crimes, from genocide in Iraq and Myanmar to war crimes in Syria and Yemen, remain unpunished" as governments around the world were "distracted, divided and simply disinterested" during the global pandemic. Australia's decision on this legislation could define its role in the global fight against human rights violations.
WHAT IS THE MAGNITSKY ACT?
Sergei Magnitsky was a lawyer and tax auditor at Hermitage Capital Management when he uncovered a theft of $230m committed by Russian officials. He blew the whistle, and was consequently arrested in 2008. During his detention, he was tortured and denied medical treatment and died in prison in 2009. In a posthumous trial in 2013, Russia found Magnitsky guilty of tax evasion.
In 2012, the Obama Administration passed the 'Sergei Magnitsky Accountability Act', naming it after Magnitsky to commemorate his bravery. In 2016, the Act was expanded to become 'the Global Magnitsky Human Rights Accountability Act’.
This Act authorises the US President to freeze assets, issue visa bans and impose property sanctions on "foreign persons" responsible for human rights violations. This prevents human rights abusers worldwide from making financial gains in the US. By targeting individuals as opposed to entire countries, the act avoids "broad-based sanctions that can affect vulnerable populations."
According to the Guardian, since the 2016 Act has been in force, the US has "imposed sanctions on 94 individuals and 102 entities from 24 countries, including South Sudan, Uganda, Iraq and Cambodia." Most notably, Magnitsky sanctions were enacted against Saudi Arabian officials implicated in the murder of journalist Jamal Khashoggi.
Since the US passed its 2016 Global Magnitsky Act, other nations have passed similar laws, including Canada, Estonia, Latvia, Lithuania, Kosovo, and the United Kingdom. The EU is currently in the process of developing its own Magnitsky sanctions regime.
In the UK, two important pieces of legislation contain 'Magnitsky' elements: the 'Criminal Finances Act 2017' and the 'Sanctions and Anti-Money Laundering Act 2018.' However, while the US Global Magnitsky Human Rights Act applies to both "human rights abuses and acts of corruption", the UK's 2018 Act only applies to human rights abuses.
In a letter dated 18 March 2020, 45 MPs and Lords called upon UK's Foreign Secretary to sanction "corrupt oligarchs" and "kleptocrats" alongside human rights abusers under the Magnitsky sanctions regime.
"AUSTRALIA SHOULD JOIN THE CLUB"
Clooney called on Australia, as one the world's leading democracies, to "join the club" and pass its own Magnitsky sanctions just as other global powers have done. She said: "At a time where authoritarian leaders are becoming more united and innovative in finding ways to abuse human rights…governments that are defending human rights should do the same. Yet so far only three states - the US, Canada and the UK -have robust global powers to impose targeted sanctions on human rights grounds."
More states are recognising the importance of implementing a Magnitsky sanctions regime, while states that already have such legislation are hoping to strengthen it.
Clooney stressed: "You may not be able to solve every problem in the world or respond to every abuse, but you can make sure your country is not a safe haven for despots and war criminals."
Ayesha is a LLB student at the University of Leeds. As an aspiring barrister, she enjoys advocacy and has spoken at platforms including Tedx and GESF. She has a key interest in both Public and International law. She is also founder of a student-led initiative 'COSMOS' that organises projects to promote the UN Sustainable Development Goals.