This is not mere do-goodism. By shining a light on wrongdoers, making it harder for dictators to recruit accessories to their crimes and taking incentives away from government functionaries who think there is no downside to following superiors’ edicts, the bill also strikes at the dictators’ power, weakening their hold on the countries and emboldening resistance:
There are several clear benefits to holding individual officials accountable for human rights abuses. First, accountability is grounded in the basic premise that human rights abuses are unacceptable, no matter how powerful or politically connected the perpetrator. We can defend fundamental rights—to free expression, belief, association, etc.—while still conducting business with foreign governments on a range of issues. In almost every case, we are just pressing the foreign government to live up to its own constitution and international agreements.Second, individual accountability is likely to do more than criticism of abuses alone to deter future human rights violations. If a penalty hangs over a perpetrator’s head, he (or she) may think twice about committing the crime.Third, and perhaps most important, calls for individual accountability force authoritarian rulers to make a difficult choice: either they protect the most repugnant officials in their regimes, and thereby attract further scrutiny to the worst aspects of their rule; or they cut loose the very officials who do their dirty work and keep them in power.The benefits of targeting corrupt officials are equally compelling. High-level corruption is the Achilles’ heel of authoritarian regimes. They have grown adept at deflecting criticism of their human rights violations by vilifying domestic activists as tools of foreign interests. For example, they talk up the supposed threat of a Western “gay agenda” to portray human rights as alien values imposed from outside, rather than universal norms. But corruption is different. Ordinary people readily understand—and detest—the injustice of rulers enriching themselves at citizens’ expense, particularly when those citizens are struggling to make ends meet.High-level corruption often contributes to, or even drives, human rights abuses. Corrupt leaders stand to lose their ill-gotten gains if they leave office. They will go to ever greater lengths to hold onto power. Former President of Ukraine Viktor Yanukovych was a prime example. As he and his family accumulated massive wealth, restrictions on media intensified, opposition figures were selectively prosecuted, and elections became increasingly manipulated. Efforts to curb high-level corruption thus serve in many cases to target the source of repression as well.
The bill has languished in committee, but now would be an appropriate time to press forward with it. Debate on the bill would also illuminate the administration’s foot-dragging on human rights reports, its laxity in adding names to the existing list of offenders in Russia and its dereliction in defending our values around the world. It would be interesting to see whether Hillary Clinton — the great champion of women’s and children’s rights who nevertheless took money for her foundation from repressive regimes — favors the bill. Under her, the State Department fought tooth and nail against the original Magnitsky Act; maybe she has changed her mind on the efficacy of sanctioning murderers, torturers and the like. If not, it would sure be interesting to hear why.