Our Work Never Ends: An Interview with David Crane

By David M. Newstead

(Re-published from The Philosophy of Shaving | Jan. 15, 2017) War crimes investigator David Crane returns to discuss the conflict in Syria, proposed human rights laws in the United States, and the impact of populist elections around the world.

“This is the first time in a long, long time when everything is new and everything is on the table.”

David Newstead: How do you think this wave of populist elections around the world will impact international law and human rights?

David Crane: The honest answer is, I don’t know. One could certainly seem to think that it is not going to augur well for the future. However, that just remains to be seen. I would hope that we could at least keep where we are as opposed to taking steps back. But frankly, I am not confident. This is a clarion call for all of us to work harder, particularly in the public relations realm, to keep the concept of seeking justice for people who are oppressed in some kind of light so that it just doesn’t disappear back into the shadows as it was before the early 1990s.

David Newstead: Human rights laws like the original Magnitsky Act were bipartisan pieces of legislation and had strong Republican support. Do you see any hope for the expanded version of the Magnitsky Act or the Caesar Act in either the Republican controlled Congress or the Trump administration?

David Crane: I helped draft the Magnitsky Act and had testified on the Caesar Act before the House Foreign Affairs Committee earlier in the summer. You know, it’s interesting. It’s kind of a bellwether as to what the sense of Congress is at least right now. The other week, the Caesar Act passed on a voice vote in the House, which was a positive sign.

I’m not so sure about the Senate. I don’t have as good a read on it as I do in the House. I’m very good friends with Congressmen Ed Royce and Chris Smith, two champions of human rights who have worked with me since 2002 when I was doing my work in West Africa. I just don’t think it has the sense of urgency in the Senate that it does in the House. I’m not confident, though I could be surprised, that this is going to move forward. It has to move forward now obviously or it will not see the light of day. And I can’t see within the next year anything like a Caesar Act working its way through a Trump Administration.

I could be wrong, but I’m just not sure. I don’t think the new President-elect has any interest in this area at this point. Sees no need in it. Sees no political benefit in spending his time and energy on these types of issues. I’m not even sure who his main contact is in this area. If it’s Michael Flynn, then that doesn’t augur well.

To answer your question, it’s really up to the likes of Senators Bob Corker and Mitch McConnell. I’m just not getting a sense that they’re going to spend a lot of time of this. I could be wrong, but we just don’t have that momentum in the Senate that we used to have even when it was bipartisan. People like Senators Pat Leahy and Judd Gregg worked the hallways for these laws and worked together for decades. I’ve worked with them myself on getting international criminal law and human rights legislation through and they’ve been pretty good on it. But you know, I’m just not seeing a lot of momentum in the Senate on this.

David Newstead: If Trump’s recent endorsement of Filipino President Rodrigo Duterte’s drug war is any indication, what kind of human rights policies do you think we can expect?

David Crane: I’ve thought this through a lot. We either have a great moment or a moment of tragedy. For some bizarre reason, we have this moment with Russia that is something that is not comfortable for those of us who are old Cold Warriors, but also just individuals who look at Russia very skeptically for a lot of reasons. What an interesting thing if Trump and Putin actually formed a kind of grand alliance to handle some of the challenges internationally. The method may not be palatable, but the end product may be a solution for Syria, for example.

But I don’t know. This is the first time in a long, long time when everything is new and everything is on the table. No one really has a sense, because it’s a complete paradigm shift. Even all the key players in that crazy town that I lived in and worked in for so many years, all the key contacts and the people that make things happen … They’re no longer in power or even in anybody’s inner circle. We can’t shape, mold, or effect current and future policy, because they’re just not listening. Either the new administration is eventually going to come around, because they’re going to have to or they’re not going to get anything done. Or we’re going to see an amazing series of policy shifts internationally the likes of which we haven’t seen since Harry Truman and the Truman Doctrine …

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Our Work Never Ends: An Interview with David Crane