REPRISE II: Dare anyone say it? “We applaud the courage of the Ukrainian government and people in defending public order and the sovereignty and territorial independence of the Ukraine.”

October 20, 2014

Since the article below was written, Russia continued its invasion of the eastern Ukraine sending in Russian troops, tanks, artillery and other equipment, which participated in the fighting and rolled back some of the recent gains of the Ukrainian army. NATO decided on September 5 to establish a rapid reaction force in eastern Europe, and to reiterate the goal of each member spending 2% of GDP on defense (to be achieved within 10 years). The EU adopted harsher “Stage 3” economic sanctions against Russia on September 5, and after some hesitation finally implemented them on September 12. The U.S. implemented parallel harsher sanctions shortly thereafter.

The Minsk Protocol was also signed on September 5, and generally halted the advance of Russian and separatists forces on Mariupol, though sporadic fighting has continued. The current situation is that of a truce which is only partially working, as Russian troops remain in the eastern Ukraine or on the border poised to dictate terms to Kiev. Vladimir Putin’s announced order to withdraw 17,000 troops from the border area, made in anticipation of the Milan summit and side meetings on October 16-18, 2014, has not produced any noticeable movement on the ground accounting to NATO’s top commander, U.S. Gen. Philip Breedlove.

Putin has had the effrontery to argue that his invasion of the Crimea was legal under international law.

Angela Merkel disputed that assertion in Milan.

The whole world should dispute that assertion, every minute of every day, until even Vladimir Putin, the dictator of Russia, get’s the point. He has no legitimacy or authority to criticize anyone. He needs to implement the Minsk protocol, all 12 steps, including the withdrawal of Russian troops.

Putin will also need to return matters to the status quo ante in the Crimea, perhaps as part of and in order to make possible a negotiated settlement of the Crimean conflict of 2014. International administration of the peninsula for a couple of years, followed by a genuine plebiscite under international supervision, represents one potential path that might be explored. As a military diktat, the invasion and annexation of the Crimea will not stand.

Following is the introduction to the REPRISE of this article and then the original article itself.

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July 6, 2014

In what may be a turning point in efforts to defend the country’s territorial integrity and repel Russia’s aggression and military intervention in the eastern Ukraine by special forces, intelligence operatives, and so-called Russian “volunteers” under their direction and control, Ukrainian forces have retaken Sloviansk and Kramatorsk and are pressing foreward with their “anti-terrorist” campaign. The so-called “separatists” withdrew first from Sloviansk to Kramatorsk, and then shortly thereafter from Kramatorsk to Donetsk.

See:

(1) Pilar Bonnet, “Los prorrusos acusan a Putin de traicionarles para mantener su poder; Los rebeldes creen que Rusia les abandona para evitar el conflicto con Occidente, El Pais, 6 de Julio 2014 (22:49 CEST).

(2) “Regierungstruppen wollen Donezk und Luhansk belagern
Die ukrainische Armee will die Städte Donezk und Luhansk blockieren und die Separatisten zur Kapitulation zwingen. Diese haben heftigen Widerstand angekündigt,” Die Zeit, 6. Juli 2014, 6. Juli 2014 (20:28 Uhr).

(3) Ukraine-Krise: Armee rückt auf Millionenstadt Donezk vor; Die Rebellenhochburg Slowjansk ist schon erobert – nun nähert sich das ukrainische Militär der Metropole Donezk. Dort halten sich prorussische Milizen zu Tausenden verschanzt. Es droht ein Belagerungszustand,” Der Spiegel, 6. Juli 2014 (17:48 Uhr).

(4) Le Monde avec AFP et Reuter, “Les forces ukrainiennes progressent vers Donetsk,” 6 Juillet 2014 (Mis à jour à 23h09)–avec carte / with map.

(5) Benoît Vitkine (Sloviansk, envoyé spécial), “Ukraine: le récit de la chute de Sloviansk, tournant de la guerre entre l’armée et les séparatistes,” Le Monde 06 Juillet 2014 (Mis à jour à 11h09)

(6) Alan Cullison (in Sloviansk) and Philip Shishkin (in Donetsk), “Ukrainian Government Troops Target Further Gains in East; Separatist Leaders Say Evacuation From Slovyansk Was Strategic,” Wall Street Journal, July 6, 2014 (Updated 11:51 a.m. ET).

(7) “A day in Sloviansk after liberation,” Kviv Post, July 6, 2014 (6:05 p.m.)(with photos).

REPRISE: Dare anyone say it? “We applaud the courage of the Ukrainian government and people in defending public order and the sovereignty and territorial independence of the Ukraine,” July 6, 2014.

First published on May 3, 2014

REPRISE published on July 6, 2014.

In the face of Russian aggression, in the last few days the Ukrainian government has shown great courage in defending public order, and the territorial integrity, political independence and sovereignty of their nation.

Their courageous actions should make the authors of the cowardly responses of the West and the broader international community feel deeply ashamed. For the latter have merely paid lip service to the defense of freedom, human rights and international law, while engaging in a policy of pacifism and appeasement in the face of blatant Russian aggression.

Nor is the duty to act to uphold the U.N. Charter, international law, and the maintenance of international peace and security solely that of the United States and the West. The abstention by Brazil, South Africa, India and other countries on the General Assembly resolution condemning the invasion and annexation of the Crimea, for example, will long remain as a black page in the histories of these countries.

The appeasement by the West and other countries is particularly clear with respect to the military invasion and annexation by Russia of the Crimea. These actions have upended the entire postwar international political and legal order. The demands of Western leaders for a restoration of the status quo ante in the Crimea have grown silent, while they have adopted no sanctions which can be realistically viewed as aimed at securing a reversal of the aggression and annexation.

In all communities, the force of law and its deterrent effect weakens when the community whose interests it protects do not act to uphold its norms.

Russia’s invasion and annexation of the Crimea, its attack on the eastern Ukraine through special operations forces and the organization, coordination and direction of pro-Russian militias and armed thugs–taking over public buildings and even towns by armed force, and its continuing threats of military intervention by massing combat-ready troops on the border poised to launch an invasion, have placed the entire postwar military, political and legal order in question in the greatest crisis of this nature since World War II.

Will anyone speak out in praise of the actions of the Ukrainian government, without which Russian aggression would triumph, and the rule of law and protection of the human rights of citizens in the eastern Ukraine would be lost?

Are Western leaders afraid to remind the world each time they speak that Russia has committed aggression in the Crimea and continues fresh acts of aggression in the eastern Ukraine?

Will they not only speak out in defense of international law and human rights, in defense of liberty and the rule of law, but also undertake immediate and concrete measures of a serious nature to come to the defense of the Kiev government and assist it in facing down Russian aggression?

Though Barack Obama and Angela Merkel and other world leaders seem oblivious to the fact, Ukrainian soldiers and security forces are today fighting to uphold the principles of the U.N. Charter and international law which guarantee their security and that of the citizens they represent.

If these leaders can grasp this point, might they not do more, through really significant actions, to aid the Ukraine in its defense of their common values of respect for international law and international human rights?

The future of their countries and of the international political and legal order are in their hands. If they are leaders, and not merely followers of ill-informed public opinions on critical foreign policy matters, can and will they lead?

The Trenchant Observer

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.