What’s the hurry? Russia pushes hard for U.N. Security Council resolution endorsing Minsk II agreement—a “Munich II” agreement reached under the pressure of Russian military aggression

Angela Merkel and Francois Hollande may assume they have achieved something notable in the Minsk II agreement of February 12, but in point of fact they have forged an agreement at the end of the barrel of a Russian gun which weakens the provisions already agreed upon on September 5, 2014 in the Minsk Protocol.

Bearing in mind that the Minsk II agreement represents paper promises by Vladimir Putin, who used the paper promises in the Minsk Protocol to lull the West to sleep while pouring more Russian troops, tanks, artillery and other war machines into the eastern Ukraine, then lauching military offensives with Russian troops leading and fighting alongside “separatist” forces (Putin  puppets) to produce the territorial gains now in place on the ground, one has to ask why Russia wants the Security Council to endorse the Minsk II agreement.

The answer is manifestly clear. The Minsk II Agreement represents an outstanding victory over the pacifists and appeasers who lead the West, a victory which Putin now wants to put into stone with a U.N. Security Council resolution.

Moreover, he apparently has the support of France, Germany and Ukraine for such a resolution. The threat, hardly veiled, is that Russia will continue its military onslaught in the eastern Ukraine if it doesn’t get its way.

That is the same threat the West will face if Putin doesn’t get his way in the future negotiations called for in the Minsk II agreement, over future elections in the separatist-controlled areas of the Donbass, or the legal and constitutional reforms that are conditions for a return of the border to the Ukraine, and in practice a withdrawal of Russia troops, irregulars and war machines from the territory of the Donbas.

What would a Security Council resolution endorsing Minsk II add to the latter?

Absolutely nothing.

The Minsk II agreement depends on Putin for its implementation, and if he doesn’t cooperate there is nothing the West can do about it through direct military means, other than begin the delivery of lethal weapons to Kiev. That, while advisable for a number of reasons, will hardly be decisive against the largest land army in Europe.

Instead of endorsing the terms of Minsk II, the Security Council should be called upon to vote on a draft resolution demanding an immediate withdrawal of Russian troops and irregular forces, and their military equipment, and immediate restoration of Ukrainian border control in the Donbas.

The role of the Security Council is to halt aggression and restore international peace and security at the earliest possible moment.

It is not to become embroiled in a ceasefire charade or an illusory political solution as it did with Resolutions 2042 (2012) and 2043 (2012) on Syria, and the wholly illusory 6-point peace plan of Kofi Annan, which led to the useless Geneva I and Geneva II peace conferences, while over 200,000 Syrians were being killed –with full Russian backing of the government and diplomacy of Bashar al-Assad.

Hollande and Merkel have given us the 2015 equivalent of the Munich Pact of 1938, surrendering to Vladimir Putin and Russia on all real issues likely to affect military developments on the ground in the Donbas.

They now want to accede to Russia’s demands for a Security Council resolution to further placate the Russian Aggressor, while covering over their own fecklessness in concluding the Minsk II agreement, accepting at face value the promises of a known and pathological liar while ceding to him huge military concessions on the ground.

There is no reason for haste in adopting any U.N. Security Council resolution on the Ukraine,

Any such resolution should in any event refer specifically to the  Russian military occupation of the Crimea, sovereign territory of the Ukraine, and the steps that will be taken to secure the withdrawal of Russian troops, perhaps establish an international authority, and after a period of years hold a plebiscite under international supervision and control on the future of the Crimea and the city of Sevastopol.

The postwar international political and legal order must be restored, and the fruits of Russian military aggression rolled back.

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.