Developing. We are publishing this article as it is being written. Please check back for updates To see a list of previous articles, enter “Ukraine”…
Reprinted from James Rowles, Trenchant Observations (Substack newsletter, December 4, 2022. As in August 1914 and September 1939, the world has changed. The previous age…
Developing. We are publishing this article as it is being written. Please check back for updates.l To see a list of previous articles, enter “Ukraine”…
Developing Dispatches 1) Clemens Wergin, “Mit „Phase 2“ versucht Moskau, sein Scheitern zu kaschieren,” Die Welt, den 26. März 2022; 2) TOI STAFF. “Full text:…
And you, who were already conquered in your greatest victories, what will you be in the approaching defeat?
–First Letter, December, 1943
***For you Europe is an expanse encircled by seas and mountains, dotted with dams, gutted with mines, covered with harvests, where Germany is playing a game in which her own fate alone is at stake.
But for us, Europe is a home of the spirit where for the last twenty centuries the most amazing adventure of the human spirit has been going on.
–Third Letter, July 1943
Draft – Developing This is a draft of an article on fast-breaking events related to Ukraine. Please check back for updates and additions, “We are…
Yang Yi, who video-entered his speech, said, “Sovereignty, independence and territorial integrity of every country should be protected and respected. This is one of the basic norms of international relations.” Ukraine is no exception here, he stressed.
This statement is not surprising in its content. It underlines the fact that China has traditionally supported basic norms of international law and the U.N. Charter in principle. It disputes it is in violation of international law despite the 2016 arbitration decision under the of the Sea Convention holding that its claims have no basis in international law, and make the argument that Taiwan is part of China/ It disputes the findings of humann rights violations in Xinjiang province. The important thing is that it supports the basic norms of the U.N> Charter, in principle, as this statement makes clear.
One of the regrettable things about Blinken’s intervention at the Security Council meeting on February 17 was that he failed to make the strong legal case against Russia that was available to be made, and which could be useful in persuading other countries, especially China, to support the basic principles of the U.N. Charter and international law which Putin is violating.
The United States and other law-abiding nations in the coalition opposing Russian aggression should be lobbying China very hard to state its position even more loudly, and to intervene with Putin to persuade him to de-escalate the Ukraine crisis and withdraw his troops from regions bordering Ukraine.
This may be one of the last things the allied coalition can do to dissuade Putin from launching an invasion of Ukraine. Other steps, which we have urged before, include announcing that Russia will be expelled from the SWIFT international payments system if it invades Ukraine, and announcements by NATO and other countries that if Putin invades Ukraine, they will view the situation as it evolves, and will take all appropriate measures in response, including the use of force if deemed necessary.
Finally, the U.S. and the EU should begin imposing graduated sanctions now, for Putin’s violation of the U.N. Charter prohibition against the threat of using force against the territorial integrity or political independence of any state, including Ukraine.
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?
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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.
What is most striking about discussions about sanctions is the way officials talk about what the negative effects of really serious sanction would be on their economies or the international financial system, as if the alternative were a simple continuation of the status quo.
The real comparison they should be making is between the effects of the sanctions, if they are adopted, and the effects on their economies of a major ground war in Europe with the attendant risks of escalation to nuclear war, if they are not.
A nuclear war could have a really negative impact on their economies.
Moreover, everyone should bear in mind that once a war begins, all the assumptions of the “rational actor” paradigm no longer hold, if they ever did even to a limited extent. The rational calculation of costs and benefits would be out the window, as would be the ability of any leader, even Putin, to control the course of events. We should recall the 1962 Cuban Missile Crisis, and how dicey that was.
We should also recall how, in the run-up to World War I, the mobilization of Russian military units set in motion forces that could not be controlled, leading to the outbreak of hostilities in August, 1914.
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Three critical questions have received little attention:
1) First, if Russia invades Ukraine and a war ensues, how will the war be stopped?
2) Second, if Russia invades Ukraine, how will the risks of accidental or intentional escalation be moderated? If such escalation occurs, in the fog of war, how will the risks of further escalation to nuclear war be controlled? Could the Security Council play a useful role, now, by debating a draft resolution which takes those risks into account?
Assuming Russia would veto any such resolution, should members be preparing, now, to take that Resolution to the General Assembly and bring it to a vote?
3) The third question is whether countries should think, now, about forming a “great coalition” to bring military force and other power to bear in forcing Russian troops out of Ukraine? This is precisely what members of the United Nations did in 1990, when they joined a military coalition to use force, in exercise of the right of collective self-defense, and repelled Saddam Hussein’s Iraqi forces following their invasion and occupation of Kuwait.
Kuwait was not a member if NATO. Yet the countries of the world felt it was important to defend the territorial integrity of Kuwait and the bedrock prohibition against the international use of force enshrined in article 2 (4) of the Charter.
Repelling aggression by a nuclear power which is a Permanent Member of the Security Council would represent an unprecedented challenge. How would that work out?
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.
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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.
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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.
Reprinted, with permission, from Lawyers for Humanity, December 14, 2019. With the adoption by the U.S. House Judiciary Committee of two narrowly-focused articles of impeachment,…
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