Challenging Klobuchar on Ukraine War
February 19, 2017
huffpost.com
There are no regular units of the Russian military in the breakaway provinces, nor has Russia launched any air strikes from its territory. It has sent weapons and other provisions to the Ukrainian forces seeking autonomy from Kiev, and there are most certainly Russian volunteers operating in Ukraine.
However regrettable, it must be remembered that the unrest was precipitated by the February 22, 2014 overthrow of the democratically elected president Viktor Yanukovych which, speaking of meddling, was assisted by U.S. State Department, other American government agencies, and one Senator John McCain. The subsequent military and paramilitary operations launched by the coup government against the People’s Republics of Donetsk and Luhansk were described by President Putin as “uncontrolled crime” spreading into the south and east of the country. In American parlance, both the interim coup government in Kiev and the current government of President Petro Poroshenko have engaged in “killing their own people”.
Ignoring the Details
If Russia’s actions are to be considered “aggression” or an “invasion”, one must find a whole new word to describe what the United States did to Iraq in 2003. If, like your colleague Senator McCain, you hold the annexation of Crimea to be illegal under the 1994 Budapest Memorandum, I urge a closer look.
On February 21, 2014, an agreement brokered by the European Union was signed between President Yanukovych and the leaders of three major opposition parties. The agreement contained terms for a cessation of violence, immediate power sharing, and new elections. Smelling blood in the water, the opposition in Maidan Square did not withdraw from the streets or surrender their illegal weapons as agreed, but instead went on the offensive. Yanukovych, under threat to his life, fled Kiev along with many others in his Party of Regions.
Nor did the opposition party leaders honor the agreement. The next day, they moved to impeach Yanukovych, however they failed to meet several requirements of the Ukrainian Constitution. They failed to indict the president, conduct an investigation, and have that investigation certified by the Constitutional Court of Ukraine. Instead, they moved directly to a vote on impeachment and, even on that count, they failed to obtain the required three-fourths majority vote. So, even though the Budapest Memorandum did offer assurances of Ukrainian security and territorial integrity in exchange for surrender of Soviet-era nuclear weapons on its soil, the sovereign government of Ukraine had fallen in a violent unconstitutional putsch.
Yanukovych remained its legitimate president-in-exile and he, along with the prime minister of the Autonomous Republic of Crimea, requested Russian intervention on the peninsula to provide security and protect the human rights of ethnic Russians threatened by the new coup government and neo-Nazi elements within it.
One can now see how real that threat was by looking to eastern Ukraine where the Ukrainian military and neo-Nazi paramilitaries such as the Azov Battallion, have moved with force against the defenders of the Donbass region whose people seek autonomy from a government in Kiev that they do not recognize. Approximately 10,000 people have died in the Donbass War, whereas only six people were killed during the period of annexation (February 23-March19, 2014) in Crimea.
While the Donbass War drags on, Crimea remains stable today. The popular referendum conducted on March 16, 2014 lent legitimacy to the subsequent annexation. Official results claimed 82% turnout with 96% of voters favoring reunification with Russia. Independent polling conducted in the early weeks of March 2014 found 70-77% of all Crimeans favored reunification. Six years prior to the crisis in 2008, a poll found that 63% favored reunification. Even though many ethnic Ukranians and Tatars boycotted the election, rejoining Russia was clearly the will of the majority of Crimean people.
President Putin, characterizing the situation in Ukraine as a revolution, claimed that Russia had no agreements with the new state and therefore no obligations under the Budapest Memorandum. He also cited Chapter I: Article 1 of the United Nations Charter, which calls for respect for the principle of self-determination of peoples. The 1975 Helsinki Accords, which affirmed post-World War II borders, also allowed for the change of national boundaries by peaceful internal means.
The Kosovo Precedent
It is also useful to consider parallel occurrences in Kosovo. In 1998, amidst ongoing attacks and reprisals by the Kosovo Liberation Army and Serbian forces, NATO intervened without U.N. authorization on behalf of Kosovar Albanians. There is little question that the move was illegal, but legitimacy was claimed due to the urgent humanitarian need. Ten years later, Kosovo would declare independence from Serbia and the disputed matter would end up before the International Court of Justice. In 2009 the United States provided the Court with a statement on Kosovo that read in part: “Declarations of independence may, and often do, violate domestic legislation. However, this does not make them violations of international law.”
The United States should accept the Russian annexation of Crimea both as a pragmatic matter, and one of principle. In 1990, during negotiations for the re-unification of Germany, the United States promised that there would be no eastward expansion of NATO. That promise has now been broken three times and eleven new nations have been added to the alliance. Ukraine has also entered in partnership with NATO, and at various times, full membership has been discussed. Russia has consistently expressed its disapproval. According to your website, an objective of your trip was “to reinforce support for NATO”. If this weren’t provocative enough, your three-senator delegation went to a front-line military outpost in Shirokino, Ukraine to incite an escalation to the Donbass War. Senator Graham told the assembled soldiers “Your fight is our fight, 2017 will be the year of offense”. The leader of your delegation, Senator McCain, said “I am convinced you will win and we will do everything we can to provide you with what you need to win”.
Tom |
