International Law

REPRISE: The fatal flaws in U.S. thinking about responses to Russian aggression against Ukraine–UPDATED January 20, 2022

(Ignatius) reported that American military advisors and policy makers were discussing how to provide assistance to Ukrainian “insurgents” or a Ukrainian “insurgency”. Ignatius on January 6 and David E. Sanger and Eric Schmitt on January 8 report that policymakers are still using the same terminology.

In doing so they have framed the question in a way which naively fails to take international law into account, much less to use it actively to achieve American deterrence goals, while employing a conceptual framework that assumes Ukrainian defeat. They are talking in terms of providing military assistance to “insurgents” after Russia has taken over Ukraine.

The conceptual framework assumes defeat, while completely ignoring international law and the U.N. Charter.



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