Diplomacy and International Institutions

  • International Finance
    Academic Webinar: International Financial Architecture
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    Tamar Gutner, associate professor of international affairs at American University’s School of International Service, leads the conversation on the international financial architecture. FASKIANOS: Thank you. Welcome to today’s discussion of the Fall 2023 CFR Academic Webinar Series. I’m Irina Faskianos, vice president of the National Program and Outreach at CFR. Thank you for joining us. Today’s discussion is on the record and the video and transcript will be available on our website, CFR.org/academic if you would like to share them with your colleagues or classmates. As always, CFR takes no institutional positions on matters of policy. We are delighted to have Tamar Gutner with us to discuss the international financial architecture. Dr. Gutner is an associate professor at American University’s School of International Service, and expert on the performance of international organizations and their roles in global governance. In 2019, she held a CFR Fellowship for Tenured International Relations Scholars at the International Monetary Fund’s Independent Evaluation Office. She is the author of International Organizations in World Politics, published by CQ Press; and Banking on the Environment: Multilateral Development Banks and Their Environmental Performance in Central and Eastern Europe, published by MIT Press. And she recently completed a book manuscript on the birth and design of the Asian Infrastructure Investment Bank and its role in the landscape of development banks. So, Dr. Gutner, thank you very much for being with us today. I thought we could begin by having you outline for us the various change-related proposals and activities facing the World Bank, other multilateral development banks, and the International Monetary Fund. Just a small question, but—(laughter)—over to you. GUTNER: Thank you. Thank you, Irina, for introducing me, and thank you for having me as part of this seminar. I think these seminars are just a fantastic way for scholars, professors, students, and others to engage with these important issues, and I’m really excited to see so many people from around the world and professors and students and I see some colleagues in the audience. So I’m really looking forward to engaging with all of you. Right, so this is a critical time for the IMF and the World Bank and other development banks because their importance has been heightened by the need for them to respond to the various crises and challenges that we’re facing now. Many of these, as you know, are quite difficult to solve, like climate change. And the world is also dealing with the ongoing economic and social and health repercussions from the pandemic, the repercussions of Russia’s invasion of Ukraine including food insecurity. And we’re also living in a time when a lot more countries are at high risk of debt distress, and it’s a time when it’s becoming clear that progress toward achieving the Sustainable Development Goals are stalling. We also have major geopolitical tensions, which is an issue as well. So the IMF and the World Bank are leading international organizations in this scenario today. The IMF has been called the center of the global financial safety net. And the World Bank, meanwhile, is the leading multilateral source of climate finance, and is also playing a huge role in responding to various development challenges that impact its borrowing countries. And also, the regional development banks are addressing these issues as well. So for people who support multilateralism, there’s widespread agreement that no one state or actor can solve any of these cross-border issues on their own. And that means we’re living in a time when cooperation and multilateral action is absolutely essential, and these people agree we need more to be done to address these issues. But we’re also living in a time when many states have inward-looking politics, where there’s rising nationalism and populism. And this has produced people and leaders who either don’t see the value of international organizations (IOs) like the World Bank and IMF or they see them as contrary to national interests. The IOs themselves—the international organizations themselves—also struggle with relevance sometimes and mixed performance sometimes. And the IMF and World Bank constantly face criticism. They’re always being criticized. But I think one important thing to remember is that there’s no consensus among the critics. There are always people who want them to do more. There are people who want them to be abolished. So when you’re exploring the kind of critiques of these organizations it’s important to keep that in mind, just they’re coming from different actors and they have different thoughts. And, meanwhile, these institutions themselves, they have—it’s tricky for them because they have a tough job. They have to be responsive to their member-state shareholders, who don’t always agree with each other. They have to try to be responsive to other stakeholders, for example civil society actors; they don’t always agree with each other or with their member states. And so these institutions are constantly being pulled in different directions and they have to navigate that. To their credit, they do try to adapt and adjust, not always effectively. And there’s also variation in what they’ve done well and haven’t done well. But it’s precisely at this time today with these international crises that the Bank and the Fund and the other MDBs—multilateral development banks—have to try to do better. And what I want to do is offer you a brief overview of some of their efforts to do so and some of the challenges that face these efforts. So I’ll begin with the World Bank, which is in the midst of a process to figure out how to update its mission, its vision, its strategy, and its operating model. And this is a process that has been driven by shareholders, including the G20 members, and lots of other consultations. Last fall—well, first of all, I want to say there are a number of proposals on the table on how to reform the World Bank and other MDBs, and they have in common calling for these institutions to do a lot more to address climate change and other global public goods. And some of them call for more effort to better engage with private capital and to rethink how these institutions, which are in part banking institutions, how they can maximize the impact of their capital. So last fall the World Bank embarked on what’s been called an evolution roadmap to think through ideas for what should be done. This came out late last year amid calls for the Bank to be bigger and better. And this initiative was launched by U.S. Treasury Secretary Janet Yellen a year ago, and she led an effort with other non-borrowing and borrowing countries to call for the whole multilateral development bank system to evolve. As she put it, the world has changed and we need these vital institutions to change along with it. So the idea underlying all of these proposals is for MDBs to be more innovative and efficient. India made MDB evolution a priority in its presidency of the G20 this year, and there have been different expert panels that have also called for radically reformed and strengthened multilateral development banks. So what’s interesting for this audience is this evolution roadmap process will eventually turn into the World Bank’s strategy, its corporate strategy, and the latest version of it will be discussed next week at the IMF-World Bank annual meetings in Marrakesh. So if you’re interested in following that, keep your eyes on the news. And the latest version is seeking approval for measures that will allow the World Bank to boost its lending by $100 billion. So this—the document circulating now for the development—the Joint Ministerial Committee of the World Bank and IMF—and we’ll see what happens with it. And I’m happy to talk more about the document itself in the Q&A. These efforts to reform the World Bank are also impacting other regional development banks. So, for example, the Asian Development Bank recently announced it, too, will lend an additional $100 billion over the next ten years by relaxing some of its risk rules for its banking, how it manages its assets, without jeopardizing its triple-A credit rating. The IMF also has been trying to change and adapt in recent years. It’s not directly part of this evolution framework that’s focusing on MDBs, but the IMF has really turned attention to climate change and also to gender and inequality. And it’s essentially pushing forward a kind of a slow change in thinking where economists, and finance ministers, and central bank leaders have realized that these issues are essential to macroeconomic stability. So climate change has become a more visible focus of the IMF’s work, its work in surveillance, its capacity development activities, and its general work with countries. Its first strategy for mainstreaming gender was adopted in July 2022. And, like the World Bank, it has also created a number of mechanisms to respond to the pandemic. So it has a new resilience and sustainability trust. And the goal of it is to help low-income member states to address climate change and issues like pandemic preparedness. And it also has a new food shock window to offer emergency financing for countries facing food insecurity as a result of everything going on today. So this is—it’s interesting to watch both of these institutions. The IMF typically has a harder time changing because it’s a more rigid, set in its ways organization. But it, too—it’s not your grandmother’s IMF anymore. But all of these efforts are going to face their own sets of challenges. And I want to briefly highlight a few of them before we have our Q&A. So in the World Bank’s roadmap, which is also being called a new playbook, the question is: Is it a zero-sum game to balance more focus on global public goods like climate change with individual countries’ own development priorities? And there are many people who say, no problem. Kristalina Georgieva, the managing director of the IMF, when talking about this balancing issue, she said: Well, we can chew gum and walk at the same time. But these goals may have areas of overlap, where a country’s own development issues do coincide with these global public goods, but there may be areas where they do not. And that’s something that has to be worked out. There’s also some criticism in civil society and other actors about asking the multilateral banks to do much more to engage with the private sector. First of all, this idea has been around for a while, this idea of turning billions and trillions, for example, was part of the 2015 UN Financing for Development Conference. And it hasn’t really come through. So it’s a difficult issue to do. There’s going to be more work on it. But some organizations actually are concerned about potential negative effects of prioritizing incentives for private finance to provide co-financing to development efforts, because private sector goals are not always the same as public goals, right? So there’s some areas of tension. And finally, I just want to flag that all of these organizations are calling for more collaboration. Collaboration is almost the magic wand that will help all these efforts to work out better. And, in fact, if you look at the IMF’s new annual report, which was just published, it lists on its front page “committed to collaboration.” But, in fact, it’s not that easy for these organizations to collaborate. And I’m happy to break that down a little bit more. And so this great emphasis on something that can be difficult will be something that these organizations have to grapple with. I’m happy to talk about more of the issues in our Q&A, but I think I should stop here and open it up to questions or comments. FASKIANOS: Thank you, Tammi. That was fantastic. So we’re going to go to all of you for your questions. (Gives queuing instructions.) OK, so I’m going to take the first question from Mojúbàolú Olúfúnké Okome. Q: Thank you. Mojúbàolú Olúfúnké Okome. I’m a professor of political science at Brooklyn College. And I’m just wondering about this financial architecture that is much criticized, as you said. And I’m wondering the extent to which the criticism informs new decisions that are taken. So the criticisms about people who say the organization should be abolished is coming from the Global South, where there’s been feeling since the 1970s that these organizations are not sufficiently sympathetic or understanding of the challenges faced by the countries that had unsustainable debt, and are still in a deeper state of unsustainable debt today. So how is the global architecture on these—in these organizations dealing with these challenges? I heard for the first time, like, in the last five years—Lagarde, I think it was—that said, oh, we made mistakes in some of the advice that we were giving. So who pays for those mistakes? People’s lives are damaged, economies are wrecked. And you know, so what are the—what’s the good of these changes, really? GUTNER: Yeah, thank you so much for that question, because that’s a really good reflection on some of the harsh criticism that these institutions face. And I also would not be someone who says they do everything right, because they don’t. But it has been interesting to watch some of the ways that they’ve evolved. So, for example, they do interact much more with civil society than they used to. I mean, it used to be in the old days when the IMF and World Bank had their annual meetings, civil society actors would protest outside on the street in Washington, DC. And I would tell my students, feel free to go down there but please maybe try not to get arrested, you know? So there were—there were very large protests. Now, when they have the annual meeting, civil society actors are in—are part of it. They’re engaged in seminars. They’re engaged in discussion. The institutions have strengthened some of their accountability measures, although I could argue some of them are also still weak. But there have been changes. So for example, the IMF now addresses and thinks about social protection, which it didn’t used to do, and social safety nets, which it didn’t used to do in the past. So you can argue that these changes aren’t enough, and they’re too late, and it’s still harmful. But I think there is evidence that they do try to evolve and adapt, maybe not perfectly. And also, it’s really difficult to change a huge institution. It’s like turning a large ship. You know, it doesn’t happen quickly. But the narrative today is different from the past. I mean, there is—there is more focus on climate change, for example. Which you can argue some countries, it’s not really their priority. But even that’s changing. More countries, more developing countries, are realizing that issues of climate change are related to them, whether it’s through natural disasters, you know, hurricanes, floods, mud—you know, all of this. So I think it’s—I think this criticism is still out there. And it exists. The institutions are imperfect. But they do—they do slowly try to adjust and adapt. And if you dig into it, if you go into detail, you’ll find that they do a better job in some issues than others, in some countries than others, in some periods of time than others. So as a scholar I would argue that you—it’s hard to make a blanket statement about them without kind of unpacking, you know, specific cases and over time. FASKIANOS: Thank you. I’m going to take the next written question from Jon-Paul Maddaloni, a military professor at the U.S. Naval War College: For the World Bank, what is the definition of creditworthy? Is this a debt-to-GDP ratio? Is there a standard here that may be part of the developing world grievance against the World Bank? GUTNER: So there are complex ways of assessing that. But basically, one of the major ones is to decide if a country is eligible for IBRD loans, which are International Bank for Reconstruction and Development, the main part of the World Bank, which are loans that have to be repaid. And if a country is relatively less creditworthy or poor countries can access grants, or no-interest loans, or concessional funding from the World Bank’s arm that’s called IDA, the International Development Association—or, Agency. (Laughs.) I just—I just call it IDA. So if you’re—if you’re able to access IDA funding, you’re relatively less creditworthy. The World Bank also has other facilities to offer—both the bank and also the IMF—capacity development, which is just money given for technical assistance. And those are the different categories for the World Bank. So countries can change category. So if a country becomes more economically stronger, it can graduate from IDA concessional financing. If it becomes weaker, it can access that financing. And there are some countries which can get a blend. In other words, they’re creditworthy enough to be able to take some amount of loans, but not enough so that all of their financing can be a loan form. So these are some of the ways that the World Bank responds to different categories of creditworthiness. FASKIANOS: Fantastic. I’m going to take the next question from Fordham’s International Political Economy and Development Program. They have a raised hand. If you can just say who you are. (Laughter.) Q: Thank you for being with us today. I’m Genevieve, part of the Fordham IPED Program. My question is, what are some specific examples of how a country’s national political landscape and private interests cause these setbacks for cross-sectoral collaboration in these development banking efforts? And how do these large banking institutions work around corruption, for example? GUTNER: I’m sorry. Can you repeat the first part about collaboration—cross-sectoral collaboration? Q: Yeah. What are some specific examples of how a country’s national political landscape and private interests cause setbacks for cross-sectoral collaboration for these development banks? And then we could take corruption as an example. GUTNER: So I’m not 100 percent sure what you mean by the—by the cross-sectoral collaboration. When I’m focusing on collaboration, or when the narrative is focusing on collaboration, it’s really focusing more on collaboration between, for example, the World Bank and IMF. How do they collaborate? And the answer to that is, they haven’t collaborated well for almost eighty years. But that’s not—what I think you’re asking is, what happens between these institutions and the national level? Well, one issue—the issue of corruption has become much more widely discussed in both the World Bank and the IMF. In the past, it was seen as a domestic political issue, which is really outside their articles of agreement. They’re not supposed to get involved in these domestic political issues. But there’s much more awareness today that corruption—for example, in the IMF—corruption impacts a government’s health—the fiscal health, their ability to have money to spend on development. And the same is true for the World Bank. So there’s much more attention on these issues. The institutions still have to navigate carefully so that they don’t look like they’re getting involved in politics, even though they can’t really avoid it. But so corruption is much higher on the priority list. And it can impact a country’s ability to get funding from either institutions. So from the World Bank, and they have—they have lists of companies they won’t work with in procurement, for example, who are barred from engaging in procurement. And it’s part of discussions. It shows up in the partnership—the framework documents that both countries produce for individual countries. So a kind of a—this is a long way to say, it’s on the radar and it matters. But a lot of the collaboration issues are related to how the institutions work with each other. But also in country, I should add, that in some countries the donors collaborate on the ground. So they meet together and they try to make sure they’re not overlapping. There’s—it doesn’t always work very well. You know, in some cases it works better than others. But for the institutions to collaborate more with each other, they have faced many challenges in doing that. FASKIANOS: Thank you. I’m going to take the next question from Joshua McKeown, associate provost and director of the international education at State University of New York at Oswego: For context, how much lending does the World Bank do in comparison with regional development banks? GUTNER: Well, I guess it depends. I don’t have all that data at my fingertips, but the World Bank in the last—in—let’s see, I do have the World Bank data at my fingertips. Let me just pull it up. See where I had it. The World Bank in its current annual report, the IBRD committed $38 and a half billion in 2023. IDA committed $34 billion. The regional banks are much smaller, so the World Bank tends to be the largest. But there’s also a lot of variation across the regional banks as well. Now it’s important to say that they will often cofinance projects with each other. So the regional banks will engage with the World Bank, and they’ll have shared projects, and they’ll work together. There are times where they also will compete with each other on occasion. They might both be interested in funding an airport—building an airport somewhere. And one of them may offer more attractive terms than the other. But the competition is not kind of a serious problem, because basically wherever you look in the world, there’s almost an infinite demand for infrastructure finance. You know, show me a city that doesn’t need a new metro, or the roads repaired, right? So there’s a lot of demand out there for these banks to be able to do what they do. And but that has to be tempered with the, on the other side, how much debt can an individual country take on? And that’s where we’re seeing more serious problems today. FASKIANOS: Thank you. I’m going to take the next question from Samia Abdulle from Professor Fazal’s class. And she is at the University of Minnesota: How has COVID-19 renewed the debate about the World Bank’s role in international development? GUTNER: That’s a great question, because when it comes to crisis, member states turn to these institutions right away. And this is a little separate from your question, but before the global financial crisis, for example, the IMF and the World Bank had seen their demand for their services drop dramatically. There were questions about the legitimacy of the IMF. Then the global financial crisis hit and, boom, they were kind of the go-to organizations to help respond to these issues. So the World Bank and the IMF both responded pretty rapidly to the pandemic. And they each came up with new facilities, they got money out the door quickly, they relaxed some of their conditions. So they both had a kind of a robust response. Now, there are people who are saying, well, it was not enough. It should have been more. But, you know, they did a lot. And in an emergency situation, also, you have to remember, they all had to work at home as well. So everybody was working at home. Nobody could travel, but yet they got a lot of money out the door quickly, in different kinds of ways. And I think what we’re going to have to revisit down the road is, did any of that money disappear? You know, where—was there accountability for all this money, because it was moved out the door so quickly. And the head of the IMF, Kristalina Georgieva, would say: Just save your receipts. (Laughs.) Just save your receipts. But that’s going to be something to see, what happened with this money, where did it actually go, how did accountability work? But the World Bank alone got $30 billion—it dispersed $30 billion in fifteen months at the beginning of the pandemic in emergency support. So they really did step up. And whether it was enough or not is a matter of opinion. But they moved—they did move quickly. And I should just add, since you asked about—I just want to add one thing. The World Bank was involved in getting people access to vaccines, helping weak health infrastructures in countries, and all kinds of issues related to the pandemic. FASKIANOS: Fantastic. So I’m going to take the next written question from Yiagadeesen Samy, who’s the director of the School of International Affairs at Carleton University in Canada: You already covered the AIIB in your opening remarks, and we will be circulating this transcript in the video later, but let’s look at the second part of the question. Can you comment a little bit on whether the proposed changes to MDBs are a reaction to China’s growing influence? And if so, what your views are about the changing geopolitical economic dynamics? GUTNER: It’s so great people are asking these simple questions. (Laughs.) FASKIANOS: I know! GUTNER: Yes. FASKIANOS: Keeping you on your toes! (Laughs.) GUTNER: Yes. So let me preface by saying this: China has different strategies in development banking. On one side, you have the AIIB, for example. On the other side, the Belt and Road Initiative. The AIIB is not—in my research, it’s cut from the same cloth as other development banks. It’s not a threat. It’s a part of the landscape of development banks. It’s part of the community. It was designed by an international group of experts. In fact, the person who wrote the AIIB’s articles of agreement was an American. And the person who designed the AIIB’s environmental and social framework was an American. So it was a—it was a real international effort. And in fact, the World Bank helped the AIIB get set up. So the World Bank volunteered staff and gave the AIIB advice on things like vacation policy and office furniture. This is the Beijing office of the World Bank. And the World Bank even ran the AIIB treasury at the beginning, and it cofinanced projects. So the AIIB is cut from the same cloth as development banks. Now, it does have some differences. It’s has—it’s much smaller. It has a staff under four hundred. The World Bank is ten thousand, for example. And so there are some people who think it might have spurred the World Bank to pay more attention to doing more on infrastructure, which it had moved away from a little bit because that’s the AIIB’s focus. But the Belt and Road is something different. It’s a bilateral initiative. It’s an umbrella for Chinese financial institutions to lend money for infrastructure. It’s not actually an organization. It’s just an umbrella term. And there are differences, because the banks lending under the Belt and Road, Chinese institutions, they don’t follow global norms on environmental and social framework, on safeguards. They’re not transparent. We can’t—we don’t know how the loan is structured. They don’t report the lending numbers to the Paris Club, for example. So there’s a real difference between China’s strategy in the AIIB and China’s strategy in the Belt and Road, which reflects the different natures. There’s not one Chinese strategy. So I think, in a way, the existing development banks help the AIIB more, and their staff help the AIIB more. The Belt and Road is a separate thing. But what I think is going to be interesting is to see if the borders, the boundaries between what is done following global norms, and rules, and procedures, if there’s any kind of crossover with what’s inside those borders and what’s outside those borders. So for example, the AIIB is hosting a facility to help countries better design infrastructure projects that might be undertaken under Belt and Road. And so we just have to keep an eye on that. But it’s not—it’s not a bleak or black and white picture, the way some people describe it. FASKIANOS: Fantastic. A good follow up question from Steven Shinkel, who’s the military professor of national security affairs at U.S. Naval War College: Can you compare the relative use of concessional loans between the World Bank and China? What about loan forgiveness, especially in regions such as Africa and South America? GUTNER: Right. So most of the Chinese lending under Belt and Road is not concessional. Most of it is not concessional. And often interest rates are higher than a comparative loan, even from the IBRD, even non-concessional lending. So they will often charge higher interest rates, but they will have less conditionality. So a country trying to decide who to take a loan from will have to weigh that. Do we want a lower interest rate loan from the World Bank that might have more policy conditionality, we might have to adjust our policy, we might have to think about environmental impacts more? Or do we want a slightly more expensive loan from a Chinese lending institution, but it doesn’t have any strings attached? So that’s kind of the part of the decision-making that borrowers have to go through. On debt—the second part was on, I’m sorry, the question disappeared. On debt? FASKIANOS: Oh, sorry. Yes, the second question is: What about loan forgiveness, especially in regions such as Africa and South America? GUTNER: Well, that’s something that’s being widely discussed right now, because Chinese institutions haven’t been as comfortable about that, or as used to that. And they’re—you know, they’re being pushed by other institutions. Hey, you have to take a haircut too. We all have to—we all have to do that. There is a little bit of that going on. But it’s something—I mean, if you read the article suggested in the email about this talk by Deborah Brautigam, she really unpacks that in great detail. And she makes an argument that there’s some kind of learning and give and take that’s happening and we need to see more of it. FASKIANOS: Fantastic. Next question from Lindsey McCormack, who’s a graduate student at CUNY Baruch College: There’s a lot of activity in the U.S. and Europe with new disclosure standards on climate and social impacts of corporations. How do the multilateral development banks relate to this activity? Are they seeing more pressure to discuss—oh, sorry—disclose climate and social impacts of their lending? GUTNER: Yes. (Laughs.) Yes. Now, they already do a lot. They already have environmental and social safeguards. And they’ve all moved away from funding oil and gas, or mostly oil and some gas. So they’re moving away from that. And they’re all working together, actually—I mean, I think it’s an important example of networking—of the network of MDBs—that they’re all moving toward meeting—complying with the Paris Agreement and showing how they’re doing that. Now, some of this is how they measure things, and how they label things, and how they account for things. So there’s still some debate on whether they’re doing enough. But there’s, for sure, pressure from NGOs and others. And the banks are moving in that direction. And they’re—they’re proudly touting how their projects comply. A high percentage of their projects are complying with the Paris Agreement. But there’s still some interesting criticism coming out. So, for example, there was a recent report by a German NGO that said the World Bank’s private sector lending arm, the IFC—that the IFC was making loans for trade support where that money might go into oil and gas. But you can’t tell, right? So they were calling for more transparency on how the IMF is—how the IFC is doing trade credits. So that’s something that’s very recent. You can look that up and read more about it. FASKIANOS: Just to follow on, how are the multilateral development banks structured? And how effective do you think they are? GUTNER: Structured in terms of what? I mean, I can talk generally in case—so they— FASKIANOS: Yeah, I think corporate structure. GUTNER: So they have—they all have board of governors, which are all the top relevant officials of their member states, typically the finance minister or the central bank head. And they meet once or twice a year. And they make the big decisions. So one thing that’s important to realize is a lot of these countries are members of a lot of development bank—there’s a lot of overlap in membership. And that’s also a way to cross-fertilize ideas, and policies, and things like that. They all have boards of directors, which are more engaged with the day-to-day business. And the—voting is based on your shareholding in the development bank. And that is based broadly on your economic strength. So the economically stronger companies have—stronger countries have a larger share and more voting power. And then you have the presidents of these organizations that have an important leadership role. And then you have the staff. So that’s basically the structure of these development banks. And meeting next week are the board of governors and the directors in Marrakech for the World Bank and IMF. And you can see how they engage with staff and how they help set the strategic tone for the institutions. FASKIANOS: Fantastic. And I just want to remind everybody to raise your hand if you want to ask a question. Everybody’s a little bit shy today, or else Tammi’s been so thorough that you have no questions. (Laughter.) But I have more questions. But first, I’m going to go to Don Habibi, who is a professor at the University of North Carolina Wilmington: With yesterday’s stock market plunge and political instability in the U.S., how much concern should we have over the multitrillion-dollar national debt? GUTNER: So that’s not an issue that directly impacts the international financial institutions, the IMF, and the World Bank, right now. I mean, the U.S. is the largest shareholder of both, and they both—or, the World Bank has a AAA credit rating. So it’s not really—we might be concerned over national debt, but so far it’s not having a big impact on the dollar. So far, it’s not having a big impact on investment. So there’s always kind of some concern, but it’s not—it’s not translating into anything that’s making people nervous about how these organizations operate. But, you know, one place to look for an answer, I’ll tell you this, is when the IMF does surveillance, it does—which are its reports on the economic health of individual member states. It does these surveillance reports even on the rich countries. It does them for everyone. So I would suggest you look for the latest article for surveillance report that the IMF has done on the United States, and see what it has to say about concerns about debt. FASKIANOS: Fantastic. You recently completed a book manuscript on the Asian Infrastructure Investment Bank. Some policymakers and scholars have argued it is a threat to the World Bank. Can you talk about if you agree with that or disagree? GUTNER: Oh, right. So I answered a little bit of that earlier, actually, which is: I don’t think it’s a threat because I think it’s cut from the same cloth as these other development banks in terms of it has similar policies, it has similar governance rules. The World Bank—it’s signed MOUs, memoranda of understanding, with all these other development banks. It cooperates with them. It cofinances projects with them. So I think the narrative of the AIIB being a threat is not correct. Could something change in the future? Who knows. But there has been a recent scandal at the AIIB. And we don’t know how that will yet be resolved, where this past summer the Canadian director of communications resigned dramatically, suddenly, arguing that Communist Party committees were somehow involved in the work of the bank. And we—so, Canada froze its membership. So that’s a bit of a scandal and a crisis at the AIIB. And Canada is doing its own report on what happened. So I kind of think we have to see what comes out of that report. If Canada decided to leave the AIIB, would it impact any other members? Too early to say. But so far, there’s nothing directly threatening about its work. It’s walked and talked and behaved like other development banks. It does have some differences. It has a nonresident board, which was seen as a cost-saving measure. You know, why have all these people sit around and cost a lot of money? But there are some civil society actors who think that that could produce less accountability. If the board is not there, you know, the bank has more kind of autonomy to do—more independence. So there are some differences. But so far, it’s been just another member of the multilateral development bank system. FASKIANOS: Thank you. All right. We have more hands raised, which I’m very excited about. Tanisha Fazal, who is the Weinstein chair of international studies at University of Richmond: You mentioned the difficulties of collaboration between IMF and the World Bank. Can you please elaborate on what you see as the primary obstacles to collaboration between MDBs? GUTNER: Yes. I’m happy to talk about that. So that was the topic of my year—my Council on Foreign Relations fellowship at the International Monetary Fund’s Independent Evaluation Office. And we were evaluating Bank-Fund collaboration. And I was part of the overall evaluation, which you can find online. And I also wrote a separate paper on the history of Bank-Fund collaboration. And I found it to be absolutely fascinating, because these two institutions were created together at the Bretton Woods Conference. And they’re called the Bretton Woods twins. They’re literally across the street from each other. There’s an underground passage that connects the two. They interact all the time. They have a joint orchestra. I don’t know if anybody knew that. (Laughs.) They used to share a library. So there’s a lot of—if any two organizations should be able to work closely together, it’s these two, right? This should be your best case, and yet they’ve struggled for their entire existence. And I think one of the obstacles is that over time their issues have overlapped. So an example of that is today, when the IMF is doing more on climate change, gender, and inequality, which traditionally is the work of the Bank. So their work has kind of—over time, given the issues facing the world, it’s kind of naturally overlapped. And what I found that was very interesting is in over twenty-five different formal attempts the two institutions produced to collaborate with each other—memos and announcements by the heads of the institutions—for decades, what they meant by collaboration was turf delineation. Collaboration meant you stay out of my territory. (Laughs.) I don’t think of that as collaboration. It’s working together on a common objective, right? So that was what they meant by it, and for many years what they—what the solution was, that the institution that’s not in charge of this issue should yield to the judgment of the other one—the yield to the judgment one. So I think turf overlap has been a problem. But even when they make an effort, often they have different incentives, they have different budget cycles, they have different—you know, it’s just not that easy. And the IMF’s latest strategy for collaboration has been when IMF staff encounter an issue that they don’t have expertise in, they should leverage the expertise of the World Bank and other partners. Well, that, to me, sounds like one-way collaboration, which is an oxymoron, right? That if the IMF needs help, it should call the IMF and get help—I mean, call the World Bank and get help. But for the World Bank, they might be busy. (Laughs.) So those kinds of challenges persist. There have been times where they do create a truly collaborative effort, like the HIPC Initiative, or the FSAPs, or the PRSP—sorry for all the acronyms—but where they—where they have a shared work program and shared guidance and shared expectations. Those have tended to work better than big umbrella exhortations by the leaders saying: Collaborate! You know, do more collaboration. Those have tended to work better, but they also run into individual problems. So really, the upshot is, even though you would expect collaboration to be the easiest and make most sense between these two institutions, in fact, it’s often been a struggle. And some people found, when I mentioned the IMF’s resilience trust, that’s something that would normally have been undertaken by the World Bank. So they have not—they have had challenges collaborating, and those continue. FASKIANOS: Thank you. And I need to correct the record, my apologies. So that question was from Tanisha Fazal, who is an associate professor of political science at the University of Minnesota. So the next question is from Sandra Joireman, who is the Weinstein chair of international studies at University of Richmond. So my apologies. So this this question is from Sandra: Some of the previous efforts to address the environmental impacts of certain projects were ineffective. Do you think new efforts to address the environment and climate challenge change will be better? If so, why? GUTNER: So I’m guessing you’re referring to the World Bank? And, yes, there’s a whole long history of the Bank addressing environmental issues. And it really started in the 1980s, when NGOs identified projects that had gone horribly wrong and caused enormous environmental degradation. Like the Polonoroeste highway in Brazil. It was a famous—infamous example. And the Narmada dam in India. These are infamous examples. But when you look over the years, there have been improvements to what kinds of things the Bank can lend money to, how strong the environmental and social safeguards are. So when I look at the whole history of the World Bank and environment, I basically see it is not a one-way trajectory, and as forward or backward. I see it as more zigzag steps, some forward steps, some backward steps, some forward steps, some backward steps. So overall, because climate change is becoming one—it’s about to become a major part of the Bank’s mission and vision. So before it was shared prosperity and poverty reduction, and now it’s going to—if it’s all approved next week—it will be shared prosperity, poverty reduction, and a livable planet. So climate change is kind of moving the front row and center. And that will make it harder for the Bank to fund projects that can be criticized. It will make it much more important that it follows these solid environmental and social framework rules. So I think it’s a move in the right direction. But as I mentioned earlier, we’re still seeing criticism from NGO about things slipping through the cracks, like trade finance, right? Or another area that’s weak is the World Bank—the IFC and the World Bank will sometimes lend money to financial intermediaries. So it’s like—it’s like lending money to a local bank that then lends it out for something else. And there’s been less oversight about how that money is on lent, and whether that can go for something that’s damaging to climate change or the environment. So they’re moving in the right direction. I think there’s been progress. I think there’s been backward steps and forward steps over the whole arc of the World Bank’s efforts in this area. And I think there’s still going to be some criticism as they address some of these areas where there’s slippage. FASKIANOS: Thank you. I’m going to take the next question, a raised hand from Sheri Fink. So, Sheri, if you can say who you are and accept the unmute prompt. Q: Oh, I’m sorry. I think I pressed the wrong button. I didn’t mean to raise my hand. Sorry about that. FASKIANOS: OK. No problem. All right. I will take the next question from Eric Muddiman, master’s student at Norman Paterson School of International Affairs in Ottawa, Canada: In terms of mobilizing more private capital and development, there has been discussion on MDBs’ role in mitigating risk. Private sector are not allowed to invest in BB/BBB ZIP code investments from a regulatory perspective. Are there concrete proposals advancements in these discussions? GUTNER: Yes. Do I know what they all are? No. It’s kind of a live discussion. And I know, in the new World Bank—the latest version of the evolution roadmap, there’s talk about creating, like, a lab—an innovation lab, or a private sector lab, to try to do more. Some of the banks have hubs in some areas where they—areas in the developing world where they might have better access to private sector actors. And they’re trying to engage with private sector actors in conferences and find ways of discussing project ideas. So that’s not as concrete as you like, perhaps, but there are efforts to think about this. And there was a seminar at the spring meetings with private sector actors who are also saying that they felt they could do more to engage colleagues and find ways to bring the private sector and public sector together. So there are initiatives, seminars, hubs, labs. You know, all of this stuff is kind of lively and happening right now. And I do think it will be interesting to see what, if anything, catches on. Because, as I mentioned earlier, this discussion has been going on even before 2015, but the turning billions into trillions discussion. And it just hasn’t worked out that well, because of these issues like risk, right? Private sector actors may not want to involve in countries where the risk is too great and where countries don’t have capacity, where they have weaker capacity. So there are many challenges in this area. And just a variety of activities and ideas being put forward to try to respond. FASKIANOS: Thank you. Next, a raised hand for Walton Brown. You can accept the unmute. There you go, Walton. Q: So I too—I didn’t intend to hit anything. I’m so sorry. FASKIANOS: OK. That’s OK. GUTNER: You can still ask a question. (Laughter.) FASKIANOS: That’s OK! You can still ask a—exactly, Tammi. We can—we can still—we love hearing from you all. So, all right. Well, we will continue on— Q: And my phone is troubled. FASKIANOS: Phone is troubled. (Laughs.) No problem. That’s just fine. OK, so I’m going to go next to—let’s see, we’ve got several who don’t have affiliations, but let me go to Holley Hansen: A lot of previous questions have focused on the World Bank or IMF operations. But going back to your original remarks, there also been discussion on how internal rules and procedures, such as voting, leave stakeholders out of the decision-making process. What major suggested reforms to internal decision-making do you think are viable? And what are the pros and cons of changing those rules? GUTNER: Well, the voting is part of internal decision-making. So the voting is part of that. And the real issue has been, how can—well, one of the real issues is shouldn’t China have a greater stake? Shouldn’t China have a higher stake? Because China is now the number-three largest stakeholder in the World Bank and the IMF, after the U.S., number one, and Japan, number two. But its stake, at around 6 percent, is really less than it should be if you follow the kind of formula they use to calculate a state’s economic strength. It’s been calculated that really it should be more like 12 percent, right? So part of the discussion is how to give developing countries, and especially China, more weight in governance through the—through the voting share. And that’s an ongoing discussion. Right now, in today’s kind of more tense political—global political environment, it’s hard to imagine the U.S. supporting something like that at this juncture of time, although there have been reports that the managing director of the IMF is open to it. So I think this is going to be one of the issues that is discussed in Marrakesh next week, what to do with these voting shares? But they do adjust them every so often. So China did move up from having a lower ranking to now being number three in the IMF and World Bank. So it does happen over time. Internal decision-making is a whole complicated other kind of issue. And these development banks, you know, they all face internal decision-making challenges. They all face kind of common tensions. So one of them is how you balance authority between the country—people who work in the country and people who work on sectoral issues. So how do you—who should—who should have more decision-making authority, the country level or the sector level? There are decision-making issues and tensions between the public sector lending arms of these development banks and the private sector lending arms, because they have different incentives and different goals. So there have been challenges inside these development banks with kind of internal silos and where power and authority should be held. And it’s hard to come up with what the right answer is. You know, there are pros and cons to giving more power to the country or more power to the sector. And in fact, these banks restructure from time to time. And if you look at kind of the history of the restructuring of some of the major development banks, they sort of move back and forth between where they think authority should be located. So these issue—it’s a whole other can of worms than voting power on the board of directors. But it’s important, because it can affect their performance. It can affect their performance and their ability to function effectively. FASKIANOS: Thank you. I’m going to take the last question. We have several quick questions from Fordham again. Let’s see. There you go. Q: OK, thank you. So in the worst case scenario that the U.S. and China engage in conflict in Taiwan, how would the World Bank respond to the economic shocks of this in geographically vulnerable neighboring countries, such as Vietnam, Laos, and the Philippines? GUTNER: That’s a tough question. Thank you for ending this with a really tough question. We’re not supposed to say I don’t know. (Laughs.) We’re supposed to have—that’s a tough one, because, again, China is number three at the World Bank. So if China—couldn’t—most of the time voting doesn’t happen. Most of the time, it’s consensus. So it’s hard to predict. I mean, you’d have to unpack a lot of different things there. You’d have to unpack what kind of—what would the World Bank normally do? Would it normally—would it affect development lending to neighboring countries? I mean, it’s interesting to look at the case of Russia’s invasion of Ukraine and how—what the response to that has been, because Russia’s a member of all these institutions too. But the development banks mostly froze lending to Russia. Also, the AIIB did, because it had to comply—to comply with these sanctions. So Russia lending has been frozen. And these institutions are all giving money to Ukraine to help Ukraine rebuild. So there is kind of a situation that can be—that can be used to compare, to kind of get ideas about what might happen, right? And even at the AIIB, Russia is number three largest shareholder in the AIIB. It’s China, India, and Russia. And the AIIB immediately froze lending to Russia. So we could—we could kind of play out different scenarios, but there’s a lot of unknowns in that case. And I do think looking at the response of MDBs to Russia’s invasion of Ukraine could provide some useful lessons. FASKIANOS: Tammi, we are at the end of our time. And I apologize that we couldn’t get to all the questions. I wonder if you could just take a minute. You were awarded a CFR Fellowship for Tenured International Relations Scholars, which allowed you to work—be placed in a government office. So if you could just take a minute to talk about that experience and encourage other professors to apply. The deadline’s coming up. It’s the end of October. So it just would be great for you to just give us your— GUTNER: Absolutely, yes. All the professors in the audience, please apply for this, because it’s a special, invaluable experience. When you’re—when you’re studying something, and you have the opportunity to be an insider for a year, I can’t even tell you how much you learn. I learned being—and it’s a two-way street. They benefit from the expertise of the scholars who are coming in because we bring a different perspective. We bring different analytical and methodological tools. And I just can’t tell you how much I learned that I could never find out as an outsider, including the IMF-World Bank orchestra, or the—(laughs)—yeah, actually, maybe some outsiders know that. But really, to open up the black box of an organization and see firsthand about how things work internally, what the culture’s like, how things get done, what happens in the hallways. I mean, all that stuff, all of those kinds of details really enhanced my scholarship and shaped my research direction, working on these issues of collaboration, for example. So if any of you are considering applying, please feel free to get in touch with me if you have any questions about the fellowship. I’d be happy to discuss it with you. FASKIANOS: Thank you. Thank you for that, and for your amazing insights into these issues. And to all of you for your great questions. You can follow Dr. Gutner on X, the app formerly known as Twitter, at @TGutner. And for the students on this call, CFR has paid internships. So to learn more about the internships you can go to—and also the fellowships—you can go to CFR.org/careers. Follow us at @CFR_Academic, and visit CFR.org, ForeignAffairs.com, and ThinkGlobalHealth.org for research and analysis on global issues. And the next Academic Webinar will take place on Wednesday, October 11, at 1:00 p.m. (EDT). Landry Signé, senior fellow at the Brookings Institution, will talk about Africa on the global stage. So, again, thank you to Tamar Gutner. And to all of you, have a great rest of your day. GUTNER: Thanks for having me. And thanks to everyone for attending. (END)
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    The Fate of Justice in Russia-Ukraine Peace Talks
    While the final chapter of the Russia-Ukraine war has yet to be written, the prospects of any negotiations to achieve a just and lasting peace remain distant. But it is not too soon to consider how accountability, particularly criminal accountability, would fare if any such talks were held between Russia and Ukraine. Russian negotiators will, of course, push back on any proposal for accountability. Ukrainian officials should anticipate a range of Russian positions that would prove incompatible with international justice. The Russians likely will table immunity defenses and counterproposals for amnesties of various types in order to shield their officials and personnel from any criminal prosecutions. Two strategies on the role of justice in the negotiations seem plausible. The first strategy would be to focus the negotiations only on peace objectives – ending the fighting, withdrawal of Russian troops, territorial integrity, reparations, return of Ukrainian children, exchanges of prisoners of war – and not seek any justice objectives. This would simplify the process but also leave accountability off the table to fend for itself. The second strategy would be to seek justice objectives – notably prosecutions of perpetrators of atrocity crimes – but perhaps leverage one or more elements to incentivize agreement on the peace objectives. The Role of Justice and Accountability in a Negotiated Peace   The Ukrainian people and their allies and friends across the globe are desperately seeking justice for the victims of atrocity crimes, namely genocide, war crimes, crimes against humanity, and aggression on Ukrainian territory. The seventh point of Ukrainian President Volodymyr Zelenskyy’s 10-Point Peace Plan is “justice,” which includes establishing a Special Tribunal to prosecute the crime of aggression against Ukraine and creating an international compensation mechanism. Zelenskyy has staked out a firm position on holding all Russian perpetrators to account. During his address in Helsinki on June 2, 2023, U.S. Secretary of State Antony Blinken said that, “A just and lasting peace must address both accountability and reconciliation.” The issue of accountability has been a regular feature of various peace negotiations in recent decades. But no situation on the global landscape is identical to any other in the realm of peace and justice. The Russia-Ukraine war has characteristics that, when considered together, present an extraordinarily challenging scenario for negotiators to navigate: a blatantly unprovoked war of aggression launched and perpetuated by Russia, a permanent member of the U.N. Security Council, against Ukraine without any prospect, yet, of Moscow reversing its illegal cross-border interventions; the infliction of widespread atrocity crimes of a character not seen in Europe since the Balkans war in the early 1990s; the emerging crime of ecocide (or war crimes or crimes against humanity constituting attacks on the environment) significantly amplified with the destruction of the Kakhovka dam on the Dnipro River in June 2023, which caused loss of life and enormous environmental and property damage and human dislocation, not to mention other devastating assaults on the Ukrainian environment during the war; the rapid and intensive investigation of atrocity crimes by a wide range of courts, inter-governmental bodies, and civil society groups – all building a large body of evidence and demanding prosecution; the International Criminal Court (ICC) central role in investigating senior perpetrators alongside the work of domestic Ukrainian criminal courts that face the Herculean task of potentially prosecuting more than 108,000 registered war crimes; while Russian troops who remain on Ukrainian territory and commit atrocity crimes will be exposed to the risk of arrest, a large number of suspects who may be charged with committing such crimes in Ukraine are or ultimately will be residing in Russia and for all practical purposes shielded from arrest and transfer to the custody of Ukrainian courts, the ICC, or any other court of non-Russian jurisdiction in the near term and possibly indefinitely; and the still undecided means of prosecuting the crime of aggression against the highest political and military leaders absent ICC jurisdiction over that crime in the Ukraine situation. Some might speculate that Russian President Vladimir Putin would be discouraged from negotiating since he already is targeted with an international ICC arrest warrant. Additional arrest warrants almost certainly will be issued against Putin in the future, including from other courts. Surely, he would refuse any responsibility for Russian commission of atrocity crimes and reject any means to establish criminal culpability in the peace agreement. Common sense informs such thinking, but so too does the reality that issues of justice are ever present in a world that is highly sensitized to atrocity crimes and to the growing realization – buttressed by three decades of tribunal-building – that such heinous crimes can no longer be planned and committed by political and military leaders with impunity and devoid of any prospect of accountability. Many such leaders have been brought to justice despite earlier common presumptions that they would escape the reach of international law for the commission of atrocity crimes while in office. Further, top political leaders, including former heads of State, have been charged in recent years for other types of crimes, demonstrating that the overall reach of criminal law has expanded significantly for those who hold power or have relinquished it. If the day arrives when Ukraine begins peace negotiations with Russia, accountability should be factored into the strategy that Ukrainian and international negotiators formulate before and during such talks. These considerations are practical necessities given Russia’s likely negotiating position and the demands of the Ukrainian people for justice. There are two over-arching strategies for the fate of justice in such negotiations.  First Strategy: Negotiate Only Peace The First Strategy would have a dual character: to end the armed conflict on largely favorable terms for Ukraine and to pursue accountability that stands separate from the peace negotiations (just as accountability is currently being pursued absent any negotiations for peace). This relatively simple formula for the peace negotiations would leave criminal accountability completely off the peace table. There would be no negotiated agreement to accelerate, slow down, strengthen, or weaken the pursuit of justice. The negotiators would be focused exclusively on the aims of peace rather than justice objectives. The two-track approach in the First Strategy would not assume any cooperation by Russian authorities with Ukrainian objectives for accountability under Ukrainian or international criminal law. There would be no leverage employed during the peace talks to compel the Russians to cooperate with atrocity crimes investigations, enforce arrest warrants, or hold any Russians accountable in Russian national courts. The pursuit of justice would rely solely on the jurisdiction exercised by non-Russian courts as well as the actions and cooperation of the Ukrainian government and many other governments, the United Nations, the European Union and other multilateral institutions, and civil society organizations committed to assisting with investigations and prosecutions of atrocity crimes committed in Ukraine. Thus, the First Strategy would remove the thorny issue of justice from peace negotiations, which could derail the talks because of the personal exposure of Russian leaders to legal jeopardy. Those leaders have a predictable interest in avoiding the legal risk or any acceptance of such criminal liability. The justice track would be pursued simultaneously under its own steady steam, with investigators, prosecutors, and judges seeking to achieve what they can in both the short term, facing Russian non-cooperation, and the long term, when Russian intransigence likely will continue unless Russia one day reforms politically in a manner where at least some cooperation on accountability might be plausible. For example, the latter could arise if Putin loses power and is succeeded by a leadership group that views his surrender or the surrender of any members of his leadership cohort to the ICC as politically useful. After all, former Serbian President Slobodan Milosevic faced exactly that fate in 2001. Once he lost power government authorities surrendered the indicted fugitive to the International Criminal Tribunal for the former Yugoslavia to face justice in The Hague for atrocity crimes. Similarly, the Liberian government consented to the surrender of former President Charles Taylor to stand trial before the Special Court for Sierra Leone, where he was convicted in 2012 and is now serving a 50-year sentence in a British prison. Second Strategy: Leverage Justice for Peace Negotiators might follow a very different course and insist on the issue of accountability being addressed directly in the peace agreement, albeit in radically different ways. It will be difficult for the Ukrainian officials to dismiss accountability as they will be representing a victimized population determined to bring perpetrators of atrocity crimes to justice. But it will be equally difficult for the Russian negotiators to embrace any proposal of accountability for Russian actions which they might view as an admission of guilt, a dark prospect that many Russian citizens would likely resent and resist. The elements that follow explore how accountability strategies could be introduced into the negotiations between Ukraine and Russia. Political factors might, for now, eclipse immediate pursuit of some justice objectives and using justice as leverage would be at the discretion of Ukrainian negotiators during any talks. Each of the elements are designed with that flexibility in mind, employing one, two, or more of the elements depending on policy judgments. Comprehensive and credible justice, which will take years if not decades to achieve, may not rest on the same time schedule as achieving the end of the war and the benefits of peace, territorial integrity, and societal stability. Of course, delayed legal proceedings can undermine successful prosecutions as witnesses become unavailable or their memories fade, tangible evidence becomes increasingly difficult to collect, public interest and support shifts to other priorities, and indicted fugitives burrow ever deeper into safe havens to avoid arrest. The mantra of “justice delayed is justice denied” can ring very true, particularly when elderly defendants die before final verdicts are rendered. But the brutal Russia-Ukraine war demands a pragmatic realization of how to balance justice with peace by examining, in advance, options that could be plausibly raised at the negotiating table by either party. Element 1: Demand full accountability for Russian criminal conduct before criminal tribunals as well as State responsibility before the International Court of Justice under relevant treaties. Accountability essentially would become a peace objective in and of itself and a means for Russia to answer for its crimes. This would be the maximalist justice strategy, but one that would meet steep Russian disinterest and resistance. While full accountability could still be pursued under the First Strategy, its prospect under the Second Strategy and melding it to peace discussions is highly problematic. Element 2: Ask the U.N. Security Council to mandate deferral of certain ICC investigations or prosecutions for one year under Article 16 of the Rome Statute, which governs the ICC. The action would have to be an enforcement resolution under Chapter VII of the U.N. Charter to maintain international peace and security and avoid a veto by any permanent member of the Council: China, France, Russia, the U.K., and the United States. This procedure was pressed by a number of African countries in the past to limit the ICC’s early focus on African situations of atrocity crimes, but the Security Council never acted under its Article 16 authority. The tactic could prove controversial both domestically in Ukraine and among ICC States Parties, including those sitting on the Security Council. The deferral, unless renewed with a veto-free vote in the Security Council, would end after one year with full resumption of any delayed ICC investigations and prosecutions. Element 3: Consult with the ICC prosecutor to take the interests of victims into account in arriving at decisions to prosecute. Article 53(2)(c) of the Rome Statute empowers the ICC prosecutor to decide that there is “not a sufficient basis for a prosecution because…[it] is not in the interests of justice, taking into account all of the circumstances…”  This provision does not prevent or derail investigations. Rather, it allows the prosecutor considerable discretion to take the interests of victims into account when weighing what strategy can best achieve not only justice, but also peace, security, safety, and economic recovery for the victims. While it may appear counter-intuitive to the aims of international criminal justice, under the Rome Statute the ICC prosecutor can elevate non-judicial interests of victims in determining the efficacy of a prosecution. Element 4: Require a temporal limitation (such as signing the peace agreement) on Ukraine’s Article 12(3) declarations under the Rome Statute that have granted jurisdiction to the ICC for atrocity crimes in Ukraine since late 2013. The Article 12(3) declaration is available to States that have not joined the ICC, like Ukraine, to request the Court’s jurisdiction over its own territory for designated atrocity crime situations. If, to advance the negotiations, the declarations are time-limited, the ICC’s jurisdiction could be reactivated with a fresh Article 12(3) declaration if there is Russian noncompliance with the peace objectives, particularly with the commission of new atrocity crimes. Element 5: Suspend efforts to create the Special Tribunal for Ukraine on the Crime of Aggression provided there is Russian compliance with the peace objectives. While the need to prosecute the crime of aggression against Ukraine before an international tribunal remains essential for both Ukraine and the deterrence of aggression globally, the fact that leadership suspects likely will avoid arrest by remaining on safe haven territory, such as Russia, gives Ukraine some flexibility to delay the creation or operational start date of the Special Tribunal in return for compliance with peace objectives at the negotiating table. Element 6: Drop or modify charges of war crimes against prisoners-of-war who would be exchanged between the two countries. Article 119 of the 1949 Geneva Convention III, which both Russia and Ukraine have ratified, posits this possibility with discretionary language: “Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence.”  Applying leniency in some manner for charged or convicted prisoners of war, whose names must be shared and who include Ukrainian soldiers held in Russian detention, could be explored to facilitate their return home, particularly at the conclusion of the war as negotiated by the parties. Element 7: Drop or modify Ukrainian criminal charges against individuals responsible for illegal abductions and transfers of Ukrainian children into Russian custody provided the children are first returned to their Ukrainian parents and guardians. This may prove to be a difficult procedure under Ukrainian law, but, like prisoners-of-war, the return of Ukrainian children would be so central to any peace negotiations that there may need to be an incentive of this character to ensure that it can be accomplished. Element 8: Minimize Ukrainian legal penalties for some of the Ukrainians who collaborated with Russian occupying forces, but only if there is a Russian demand for this type of leniency. Ukraine could offer, for example, to grant such treatment to suspected collaborators who engaged in minor acts of humanitarian cooperation to ensure the survival of the residents in their communities Element 9: Create a new “Accountability Commission” that would digitally record the admissions of responsibility for atrocity crimes by low-ranking soldiers who enjoy safe haven on their national territory and have not surrendered to the custody of foreign courts, but who wish to confess or promote truth. The Accountability Commission would be created with expert international oversight and operated in the spirit of transitional justice to enable victims to reach at least some degree of closure on holding perpetrators responsible for their crimes. Russia would have to agree to cooperate with this mechanism, including a guarantee not to retaliate against those who share information with the Commission. Element 10: Lift certain economic sanctions and unblock at least some frozen assets upon Russian fulfillment of justice objectives. These tools undoubtedly will be used in the negotiations to achieve peace objectives, including the rebuilding of Ukraine. But an important issue will be to what extent they could be used to pursue justice objectives as well. For example, lifting some sanctions might be tied to surrender of designated indicted war criminals. Various sanctions were imposed against Serbia by the United States and the European Union until indicted fugitives of the International Criminal Tribunal for the former Yugoslavia, including former leaders Radovan Karadzic and Ratko Mladic, were arrested on Serbian territory and surrendered to the Tribunal. Also, the seizure of certain frozen Russian assets, particularly if facilitated with Moscow’s consent under the peace agreement, could be used to finance investigations and litigation before national and international courts for years to come. None of these strategies on justice (however configured) would be easy to implement. Each would be controversial. Funding any mechanism of justice would remain difficult. But the strategies should be considered while the pathway to peace negotiations is paved. This publication is part of the Diamonstein-Spielvogel Project on the Future of Democracy.
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    Virtual Roundtable: Prospects for Peace in Nagorno-Karabakh
    Play
    Since December 2022, Azerbaijan has enforced a blockade of the only road linking Armenia to Nagorno-Karabakh, known as the Lachin Corridor. Just as a compromise materialized, Azerbaijan launched an offensive against Nagorno-Karabakh on September 19. A day later, the separatist enclave surrendered and announced a joint ceasefire, and peace talks between Azerbaijan and the Karabakh separatists are ongoing. Please join our speakers, Carey Cavanaugh, professor of diplomacy at the University of Kentucky, and Olesya Vartanyan, senior analyst for the South Caucasus region at the International Crisis Group, for a discussion on the prospects for a lasting settlement.
  • Israeli-Palestinian Conflict
    Testimony of Elliott Abrams Before HFAC MENA Subcommittee
      Mr. Chairman and Members of the Subcommittee, Thank you for inviting me here today. As you know, there has been a serious rise in terrorist attacks this year in the West Bank. Why has this happened? I would cite three reasons. First, it's clear that Iran is making an effort to get more money and weapons to terrorists in the West Bank. Much is blocked but some gets through, across the Syrian and Jordanian borders. Like its support for Hezbollah, Iran's support for Palestinian terrorist groups such as Hamas and PIJ is part of its unending efforts against the State of Israel. And I do fear that the billions of dollars to which Iran will now newly have access as part of the prisoner deal will only add to the many more billions they are earning through rising oil exports, and will help fund terrorism against Israel to an even greater degree. Second, Hamas is trying hard to increase terrorism against Israelis in the West Bank and Jerusalem. It is trying to restrain attacks from Gaza, because it wants to avoid Israeli strikes against Hamas itself. And because it has to govern Gaza, it wants a level of calm there, and wants border crossings open and the economy functioning. It wants the violence to be mostly in the West Bank, and it is succeeding in this. So far this year, 35 Israelis have been murdered by terrorists—more than in all of 2022. And third, underlying this increase is the Palestinian Authority's continuing refusal to fight terrorism—unless it comes from their rival for power, Hamas. And of course when doing that, the PA is not really fighting terrorism; it is fighting for its own power against a rival. As long as the "pay for slay" system continues, the message to Palestinians is that terrorists should be honored and rewarded. And indeed year after year, the PA honors individuals who have committed acts of terror by naming plazas or schools after them or announcing what heroes they are or were. Here's just one example: Nasser Abu Hamid (or Hmeid) was a founder and the commander of the U.S.-designated terror organization Al-Aqsa Martyrs Brigades. During the Second Intifada, his terrorist acts included killing two Americans, Binyamin and Talia Kahane, and murdering five Palestinians who collaborated with Israel. When Hmeid died in an Israel prison in December, P.A. President Mahmoud Abbas issued this statement: "to our people, the fighters, and the free people of the world the death of heroic martyr, prisoner and commander Nasser Abu Hmeid, who died as a martyr today as a result of the policy of deliberate medical neglect, 'slow murder.' " The message to Palestinian society is clear: terrorist are heroes. There are clear alternatives to "pay to slay." It would be reasonable for the PA to say that, whatever the crime committed, the criminal's family and children should not suffer for it. The PA could have implemented a welfare-based system, a system of family allowances based on the number of children—as one example. They have steadfastly refused to do so, precisely because such a system would no longer honor and reward terrorists based on the seriousness of their crimes. Palestinian officials and their defenders sometimes say they cannot move away from "pay to slay" because of public support for it. But surveys done for the Washington Institute for Near East Policy by the Palestine Center for Public Opinion found that Palestinian public opinion is quite divided. When asked if they agreed that "The PA should stop special payments to prisoners and give prisoners' families normal social benefits like everybody else -- not extra payments based on their sentences or armed operations," the poll in 2023 found that in the West Bank 38.5% agreed (while nearly 60% disagreed) and in Gaza 45% agreed (and 52% disagreed). And that's with the PA strongly defending its current position. Presumably if the PA changed policy and defended a new approach, those numbers would change as well. The Taylor Force Act continues to constitute effective pressure against the unacceptable pay to slay system. It has not meant abandoning the Palestinian people, for as you know it affects only ESF funds that go directly to the PA or PLO. The Biden administration has resumed funding for UNRWA and this year the United States will again be its largest donor, at over $200 million. Mr. Chairman, I would make three brief points specifically about the Taylor Force Act. First: The Act "urges the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to highlight the issue of Palestinian Authority payments for acts of terrorism and to urge other Member States to apply pressure upon the Palestinian Authority to immediately cease such payments; and urges the Department of State to use its bilateral and multilaterai engagements with all governments and organizations committed to the cause of peace between Israel and the Palestinians to highlight the issue of Palestinian Authority payments for acts of terrorism and to urge such governments and organizations to join the United States in calling on the Palestinian Authority to immediately cease such payments." I do not believe this is being done, and I urge the Subcommittee to ask Secretary Blinken and Ambassador Thomas-Greenfield why not. Second: The Act "calls on all donor countries providing budgetary assistance to the Palestinian Authority to cease direct budgetary support until the Palestinian Authority stops all payments incentivizing terror." I do not believe that is the position of the Biden administration. I believe it has been encouraging other nations, for example Saudi Arabia, to give cash to the PA. There are many ways to support the Palestinian people, of which giving cash to the inefficient, ineffective, and corrupt PA is one if the worst. It encourages and fuels more corruption and allows the PA to continue its "pay to stay" system. We should indeed be urging support for the Palestinian people, but as the legislation states, not for the PA. Third: As you know the Act requires annual reports from the State Department on the "pay to slay" system: on Palestinian laws and practices, the amounts paid to terrorists, U.S. efforts to bring these practices to world attention, and U.S. efforts to persuade the PA to change its behavior. Those reports, under the Act, should be unclassified but may have a classified annex. The classified annex allows State to hide inconvenient facts, and to delay the annual reports. I suggest that you urge State to skip that annex, deliver the annual report on time and in unclassified form, and simply brief you on any classified material. These efforts, like the Act itself, are not at all meant to diminish assistance to the Palestinian people. Rather, they are efforts to direct aid to the Palestinian people rather than to convicted terrorists. I sit on the Advisory Board established under the Middle East Partnership for Peace Act, and Congress has dedicated $50 million per year to help promote, to quote the MEPPA web site, "economic cooperation, people-to-people peacebuilding programs, and advance shared community building, peaceful coexistence, dialogue, and reconciliation between Israelis and Palestinians." My own view has been that we should not use these funds to support talk shops, but rather serious cooperation, for example between Palestinian and Israeli doctors, or pharmacists, nurses, lawyers, or entrepreneurs. There have been some good grants: one brought 15 Israeli and 15 Palestinian experts together to work on handling water scarcity; another trains Israeli and Palestinian medical professionals; one grant is for software training; one supports a program that engages 500 nurses; and a grant called Advanced Trauma Life Support offers courses on how to improve handling medical traumas and involves Israeli and Palestinian trauma surgeons. So the Taylor Force Act does not stop U.S. assistance to Palestinians, but keeps it out of hands in the PA that are channels for paying rewards for terror. What is the longer run prognosis for U.S. aid to the Palestinians? I think it is impossible to answer that question today. The next great change in Palestinian politics will be the end of the rule of Mahmoud Abbas, who is now 87. I expect that there will be a division of his three titles—as leader of the PA, PLO, and Fatah—and a power struggle that may last years. During that period, each contestant will be more responsive to public opinion and to extreme elements of the society than to the United States. For that reason I have no optimism that the PA will change its tune and stop rewarding terrorists in the foreseeable future. Assistance to Palestinians will have to go around the PA rather than through it. Both today and in that coming period, should the United States continue to aid the Palestinian security forces? My answer is yes, and I note that it is also the answer of Israel and Jordan. As I've noted, PA efforts against Hamas or other groups may be self-interested—fights among rivals, not principled fights against terrorism. Yet they can have the same effect of lessening the Iranian-backed terrorism committed by Palestinian groups that Iran supports. And in the postAbbas period, where violent rivalries for power may occur, the absence of PA forces that can work with Israel and Jordan could make a bad situation worse and lead to anarchy. We are all aware that to many Palestinians, the PA and its security forces are doing Israel's work for it by trying to stop some forms of violence and terror in the West Bank. That situation may worsen—or it might conceivably improve post-Abbas when Palestinians will be more focused on their own politics and power struggles than on Israel. What we can, I think, say today is that neither we, nor Jordan, nor Israel —nor the Palestinian citizenry—will benefit if the PA security forces weaken even further or collapse. We have seen the effect of such trends this year as gangs and terrorists gained more and more power in the northern West Bank. Mr. Chairman and members of the Subcommittee, thank you for convening this hearing and for your continuing monitoring of U.S. assistance to Palestinians. This complex and changing situation requires Congressional attention, and we all benefit when this Subcommittee shows such attentiveness to the Palestinian situation.        
  • Diplomacy and International Institutions
    David A. Morse Lecture With Ajay Banga
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    On the eve of his first annual meeting, World Bank president Ajay Banga discusses the bank’s ambitious roadmap at a time it is being called to lead the world in addressing intertwined challenges of poverty alleviation, development, and climate change. The bank’s evolution aims to give the 78-year-old institution a rejuvenated mission and a new approach that focuses on impact, speed, simplicity, and accessibility. The David A. Morse Lecture was inaugurated in 1994 and supports an annual meeting with a distinguished speaker. It honors the memory of David A. Morse, an active Council on Foreign Relations member for nearly thirty years.
  • Taiwan
    The Dangers of Excluding Taiwan from International Organizations
    The exclusion of Taiwan from international organizations hinders the world’s ability to develop comprehensive and effective solutions to a growing set of transnational issues.