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| Sergei Magnitsky’s grave Source: Wikimedia Commons |
By Joanna Wasik, Georgetown Law '12, Guest Blogger
The Magnitsky Act is a decisive step forward in the U.S.’s promotion of human rights and the rule of law abroad. Before it can be heralded as a triumph, however, we must recognize the complicated context of how the Act was enacted, how it will be implemented, and its short term and long-term effects. A closer inspection reveals a delicate interplay of domestic politics, international trade, and political maneuvering in international affairs that must be weighed when assessing the Act’s utility.
The Sergei Magnitsky Rule of Law Accountability Act of 2012 (“Magnitsky
Act”)() was signed into law
in 2012 as part of a larger bill, the Russia Permanent Normal Trade Relations
law or PNTR. The PNTR normalized trade relations with the Russian Federation
and abolished the Jackson-Vanik amendment, which had restricted trade with
Russia and other former communist countries since 1974. Pursuant to Russia’s
entry into the World Trade Organization in August 2012, U.S. legislators were
eager to let U.S. companies take advantage of reduced trade barriers with the
economic powerhouse. As reported by the New York Times,
some estimate that the Russia PNTR could double the amount of U.S. exports to
Russia over the next 5 years.
This same law, which offers an open hand of normalization of trade relations, also contains a slap for those who violate human rights in Russia. The Magnitsky Act allows the United States to deny visas to Russian officials who are deemed human rights abusers, and to freeze their U.S. assets. As detailed by Freedom House, the provision is named for Sergei Magnitsky, a Russian lawyer who died in prison in 2009 after exposing multimillion-dollar fraud by Russian officials. No one has been charged or held accountable for his death in Russia, though the beatings and denial of medical care by jailers and the Russian Department of Interior officials were responsible for his death. In addition to the death of Magnitsky, Human Rights First details many other cases of individuals in Russia whose human rights have been violated with impunity. Freedom House has hailed the Magnitsky Act as a victory for human rights and accountability, calling for such provisions to be applied to U.S. relations with other countries and for European states to pass similar legislation.
Before it can be heralded as a triumph, however, the background and implications of the Magnitsky Act need to be explored.
