Normandy Format

Ukraine Crisis, February 8, 2022: Urgent need for strongest possible deterrent steps; the Minsk II off-ramp for Putin

The current threats of economic sanctions against Russia if it invades Ukraine do not appear sufficient to deter Putin.

Putin’s disdainful remarks about Ukrainian President Volodymyr Zelensky yesterday in Moscow, following his five-hour meeting with French President Emmanuel Macron, suggest a hardened attitude and a dug-in position.

Deterrence of a Russian invasion should not be considered merely as a desirable objective, but rather as an absolute necessity for the security of Europe, Taiwan, and other countries.

Moreover, the survival of the post-World War II U.N. Charter-based system for the maintenance if international oeace and security, and international relations based on international law, are at stake.

The alternative, in a nuclear age, is the “right-makes-right” system that led to two world wars in the twentieth century.

Maximum Assured Deterrence

To make sure the law-abiding nations of the world avoid the fate they suffered after 1938, they must adopt deterrent measures that provide “Maximum Assured Deterrence”, that is, not just deterrence that seems “politically feasible” but which may or may not work.In an age when Mutual Assured Destruction (what we can call MAD I) may deter a nuclear first -strike, but may not deter aggression with conventional weapons, “Maximum Assured Deterrence” (which we can call MAD II) may be required to deter aggression and invasions by conventional forces.

What steps can be taken, even now, to provide “Maximum Assured Deterrence” against a Russian invasion of Ukraine?

The preceding analysis strongly suggests that an optimal strategy for dealing with Putin and Russia, starting today, would include the following components:

1) Adoption of the Maximum Assured Deterrence steps outlined above; and

2) Development of fully-developed and coordinated negotiating positions on Minsk II implementation in order to help construct an off-ramp which Putin might be persuaded to take.

Time is of the essence. These steps should be taken as soon as possible, on an urgent basis.


Biden’s defeatist approach to Ukraine: “If Putin invades Ukraine, we will sanction every clerk in his office.” In the meantime, U.S. clerks will go through the motions at the U.N. Significant risk of nuclear war exists.

The U.S. has called for an “open” meeting of the U.N. Security Council for Monday, January 31, the last possible day before Russia takes over the rotating Presidency of the Council for the month of February. It is not clear if this call was for an “Emergency Meeting” of the Security Council. If it wasn’t, it should have been.

The call for a meeting on Monday and not Friday reveals the total lack of urgency which seems to animate the Biden Administration’s actions.

Having not heard any serious international law arguments criticizing Russia’s actions and threats against Ukraine, one must assume that the call for a Security Council meeting is just a perfunctory gesture. Someone must have woken up and realized that the Russians were assuming the Presidency of the Council on Tuesday, which could make convening a meeting more difficult.

John F. Kennedy read The Guns of August by Barbara Tuchman in 1962. We should all be reading it now. And another of her books which which is highly relevant, The March of Folly (1984).

The Guns of August, which was published only months before the Cuban Missile crisis, appears to have had a deep impact on John F. Kennedy and his approach to decision-making during the Cuban Missile Crisis. Given how dicey that U.S.-Soviet nuclear confrontation was, it could be that one reason we are all here is that he read that book.

If you see international lawyers and diplomats on television talking about international law, there may be some hope for diplomacy.

If you see generals talking about military capabilities and deployments, we may be headed toward a major ground war in Europe, and the attendant risks of escalation to a limited nuclear conflict or to an all-out nuclear war.