Munich II: The meeting in Geneva between the U.S., the EU, the Ukraine and Russia

It is a very bad idea for the U.S. and the EU to meet with Russia on April 17 to discuss the Ukraine’s fate, even with the Ukraine also participating.

Under international law, Russia has no right to make demands about the internal constitutional arrangements of another sovereign state. The U.S. and the EU likewise seem to have forgotten that since the Yalta conference decided the fate of European countries as World War II was still raging, the United Nations Charter was adopted in December of 1945, and for nearly 70 years international law and legal institutions have progressively developed to govern world affairs, from arms control agreements to the regulation of trade through the World Trade Organization.

To sit down with the aggressor which has invaded and annexed the Crimea, and which has 40,000 combat-ready troops on the border poised to invade eastern Ukraine, is the height of folly. It is like going to negotiate with a criminal over illegal demands when the criminal has a gun pointed at your head.

The incompetence of the Obama administration in foreign policy seems to have no limits, as does that of the Europeans and NATO.

The meeting should be called off, period.

Certainly it should be called off if the 40,000 troops on the Russian border with Ukraine are not withdrawn prior to the meeting.

In 1938, Great Britain and France sold Czechoslovakia down the river at Munich, after earlier urging Czechoslovakia to enter into mediation with Germany. That deal was consummated on September 30, 1938, at the Munich conference. The meeting in Geneva on April 17 risks becoming the opening stage of a Munich II settlement, bringing once again “peace in our time”–but war looming far into our future.

When this riff of incompetence, pacifism and appeasement is over, the world will be a much more dangerous place.

National budgets will divert monies from health and education to defense. Nuclear arms will proliferate among a number of countries, from Saudi Arabia to Japan, as well as Iran. Instead of international order and striving to maintain international peace and security in the world, as mandated by the U.N. Charter, nations will increasingly look to weapons and armies which will have a growing voice in determining national boundaries, and the outcome of territorial disputes (e.g., as between Japan, China, Korea and nations in the South China Sea).

Nations may no longer feel bound to abide by the international law provisions that establish order in the world in matters of trade, finance, and international security.

The tragedy is unfolding before our eyes. The mere fact that the West has agreed to this ill-conceived conference in Geneva to resolve “the Ukrainian crisis” suggests that that the likelihood of resisting appeasement and upholding international norms against military aggression and annexation of the territory of another sovereign nation is subject to the most serious doubt.

What should be done?

The West should adopt strong economic sanctions before any meeting with Russia, both to punish Russia for threatening further aggression, and to create very powerful pressures on Russia to return the Crimea, restoring matters in the Crimea to the status quo ante, prior to the Russian invasion and annexation.

And if the Russians don’t withdraw their combat-ready forces from the border region, the meeting should simply be called off.

The Trenchant Observer

Der Scharfsinniger Beobachter
L’Observateur Incisif
El Observador Incisivo

About the Author

The Observer
"The Trenchant Observer" is edited and published by The Observer, an international lawyer who has taught International Law, Human Rights, and Comparative Law at major U.S. universities, including Harvard, Brandeis, the University of Pittsburgh, and the University of Kansas. He is a former staff attorney at the Inter-American Commission on Human Rights of the Organization of American States (IACHR), where he was in charge of Brazil, Haiti, Mexico and the United States, and also worked on complaints from and reports on other countries including Argentina, Chile, Uruguay, El Salvador, Nicaragua, and Guatemala. As an international development expert, he has worked on Rule of Law, Human Rights, and Judicial Reform in a number of countries in Latin America, the Caribbean, Africa, the Middle East, South Asia, and the Russian Federation. In the private sector, The Observer has worked as an international attorney for a leading national law firm and major global companies, on joint ventures and other matters in a number of countries in Europe (including Russia and the Ukraine), throughout Latin America and the Caribbean, and in Australia, Indonesia, Vietnam, China and Japan. The Trenchant Observer blog provides an unfiltered international perspective for news and opinion on current events, in their historical context, drawing on a daily review of leading German, French, Spanish and English newspapers as well as the New York Times, the Wall Street Journal, the Washington Post, and other American newspapers, and on sources in other countries relevant to issues being analyzed. The Observer speaks fluent English, French, German, Portuguese and Spanish, and also knows other languages. He holds an S.J.D. or Doctor of Juridical Science in International Law from Harvard University, and a Doctor of Law (J.D.) and a Master of the Science of Law (J.S.M.), from Stanford University. As an undergraduate, he received a Bachelor of Arts degree, also from Stanford, where he graduated “With Great Distinction” (summa cum laude) and received the James Birdsall Weter Prize for the best Senior Honors Thesis in History. In addition to having taught as a Lecturer on Law at Harvard Law School, The Observer has been a Visiting Scholar at Harvard University's Center for International Affairs (CFIA). His fellowships include a Stanford Postdoctoral Fellowship in Law and Development, the Rómulo Gallegos Fellowship in International Human Rights awarded by the Inter-American Commission on Human Rights, and a Harvard MacArthur Fellowship in International Peace and Security. Beyond his articles in The Trenchant Observer, he is the author of two books and numerous scholarly articles on subjects of international and comparative law. Currently he is working on a manuscript drawing on the best articles that have appeared in the blog.

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