Russian threats to invade Ukraine proper: NATO commander has suggested 80,000 Russian troops mobilized; Hagel rules out use of force in response to any invasion

Developing

Supreme Allied Commander for Europe (NATO) U.S. General Philip Breedlove, has reportedly told Congress in classified briefings that Russia has mobilized 80,000 troops for a potential invasion of Ukraine proper. He is reported to have urged more vigorous support of the Ukraine military with communications equipment and intelligence. His superiors reportedly do not share his views.

The pacifist leaders of the U.S., including President Obama, Defense Secretary Chuck Hagel, and Joint Chiefs of Staff Chairman Admiral Mike Mullen have a different approach, seemingly dictated by fear of angering Russian President Vladimir Putin.

As 40,000 to 80,000 troops are mobilized for a potential invasion of the Ukraine, and in any case are in a posture that constitutes a threat of the use of force in violation of Article 2(4) of the U.N. Charter, U.S. military assistance to the Ukraine has consisted, to date, of 300,000 “ready meals”.

These are not likely to anger Putin.

Meanwhile, Defense Secretary Chuck Hagel reiterated once again that the U.S. would not use force in the Ukraine, even in response to a Russian invasion.

Aggressors and invaders are never angered and always welcome the pacifist responses of leaders who have chosen the path of appeasement.

Meanwhile, as the U.S. prepares to meet with Russia, the EU, and Ukraine on April 17, they seem not to understand the international law implications of Russia’s actions.

The absence of a distinguished and forceful State Department Legal Adviser (the position has been vacant for over a year) may be in part responsible for the fact that Obama and his administration don’t seem to fully grasp the implications of the Russian invasion and annexation of the Crimea.

Do Obama and Secretary of State John Kerry fully understand, for example, that any agreement with Russia that accepts the annexation of the Crimea, or which is concluded under the threat of a Russian invasion of the Ukraine, would be null and void under jus cogens principles of international law? These include the prohibition of the threat or use of foce against the territorial integrity or political independencev of any state.

News Updates

See:

Eli Lake, “Key General Splits With Obama Over Ukraine,” The Daily Beast, April 11, 2014 (10:02 am EDT)

The commander of NATO is insisting that the West do more to protect Ukraine from a possible Russian invasion. But the Obama administration has other plans.

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"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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