A Ukraine-Russia peace deal: Crimea must have a cost

 
<https://inmoscowsshadows.files.wordpress.com/2015/01/march-06-14-russia-ukraine-and-obama2.jpg>
 Efforts to secure some kind of peace deal between Moscow and Kiev—and not just 
a temporary ceasefire that preserves a frozen conflict—continue. The latest 
suggestions are that Washington is coming up with proposals to this effect, as 
explored in this story from Bloomberg 
<http://www.bloombergview.com/articles/2014-12-31/inside-obamas-secret-outreach-to-russia>
  by Josh Rogin. While not officially confirmed, its details chime with what I 
have been hearing from people in and close to the policy circles. The essence 
is that in return “for a partial release of some of the most onerous economic 
sanctions” Russia would have to adhere to September’s Minsk agreement and cease 
direct military support for the rebels, while the “issue of Crimea would be set 
aside for the time being, and some of the initial sanctions that were put in 
place after Crimea’s annexation would be kept in place.”

In other words, Russia’s seizure of Crimea would be considered a done deal and 
taken out of the equation, in return for only minor and personal (ie, not 
systemic) sanctions, while Russia and Ukraine would in effect be considered to 
have positions of equal moral weight in the negotiations over eastern Ukraine. 
Although it is essential to end this war—and both Moscow and Kiev want and 
would gain from a resolution—this basis is, in my option, immoral, 
muddle-headed and downright dangerous.

1. Yes, alas for the moment it is not worth trying to get Moscow to surrender 
Crimea. It may not be right, but this is the only viable position. For Putin to 
abandon the peninsula would not be totally against his own instincts, it would 
also be politically lethal, critically undermining his credibility and 
legitimacy. He simply will not do this.

2. But there must be a real and serious cost to Russia as a result. The US 
terms would essentially give Moscow a pass on this act of aggression, reverting 
to only the most minor and entirely bearable level of sanctions. The lesson 
this would teach to both Moscow and other powers observing this debacle (not 
least China) is that there are acts of aggression which are mortal sins and 
others which are merely venial ones, peccadillos which deserve only a slap on 
the wrist and the lightest mortifications. Rather, if Moscow is (for the 
moment) to be granted Crimea—de facto if, and this is important, never de 
jure—then it must be made to realize that this is a major concession from Kiev 
right from the start and one for which Ukraine must be compensated.

3. The claims of Kiev and Moscow cannot be considered comparable. Both because 
this is a conflict triggered by illegitimate and unjustified Russian 
interference into Ukrainian domestic affairs and also because of the Crimean 
compromise, Kiev is the injured party. The Kremlin may not like that, but 
Washington must never lose sight of this, or allow itself to forget it in the 
name of a deal. The reported Kerry proposals essentially make this false 
comparison.

4. The Minsk Agreement was just a start point: Moscow must renounce all 
interference in Ukraine. It is not enough that Russia “cease direct military 
support” for the rebels, as that leaves open political support, economic 
pressure and indirect support (eg, encouraging third parties such as 
Transdnestria to provide weapons and offering transport routes into Ukraine). 
Moscow will also have to cooperate in active measures to end the fighting, such 
as by offering asylum to those rebel leaders for whom there is no scope for 
reconciliation with Kiev. Obviously the ideal thing would be that they face 
justice for their crimes and I would imagine a lot of Interpol Red Notices 
(international arrest warrants) being issued, ensuring that they would not be 
doing any global jaunts for the foreseeable future, but again a pragmatic 
desire to end the war as quickly and as neatly as possible means amnesties for 
some fighters and quiet evacuation for others.

5. Moscow owes Kiev. This is a war of aggression, and when it ends Kiev will be 
left picking up the pieces in a region that has been ravaged by vicious 
fighting. Just before Christmas, Ukraine paid the remaining $1.65 billion to 
cover its gas debt, but paying for Russian energy remains a long-term challenge 
that also opens up future grounds for conflict (and Russian pressure). So the 
answer may be that instead of expecting a Kremlin already dealing with an 
economic crisis to hand over any cash, that suitable reparations be offset 
against Ukraine’s future energy bills, allowing Kiev to focus its efforts on 
reconstruction.

6. NATO and EU membership are neither imminently likely, nor anything over 
which Moscow has a veto. I can fully understand why Kiev would want to join 
both NATO and the EU, but we must face facts: neither is going to happen for 
years and years to come, and not until Ukraine has managed to develop its 
institutional, economic and security structures. To this end, while demanding 
that Kiev formally repudiate any such aims might seem a painless enough 
move—after all, is it really any sacrifice to give up something you won’t 
anyway have?—it would also implicitly acknowledge that Ukrainian sovereignty is 
conditional upon Moscow’s comfort. Would Washington ever accept that Canada or 
Mexico get to veto the USA’s international affiliations? I think not. By all 
means let NATO and the EU affirm that they do not see any prospect of Ukrainian 
membership for years, if this will help ease Moscow’s concerns, but don’t treat 
Kiev like some unwanted pariah.

Besides, the very effort to reach the criteria for membership, whether or not 
ultimately successful, would create a great basis for Ukraine’s future 
development after twenty-plus years of failed state-building (and feel free to 
read that as a failure to build a working state, or the active construction of 
a failing one…). Without the hope of membership, the spur to build proper 
institutions may well be much less powerful, and it will take a powerful and 
above all sustained effort to challenge the toxic legacies of institutional 
corruption, localized clientelism, economic drift and political cynicism that 
beset Ukraine.

7. The optics are important: Moscow cannot be allowed to claim victory, but nor 
can it be humiliated. In return for a grudging and de facto acknowledgement of 
its claim to Crimea (perhaps including lifting some of the economic sanctions 
on companies operating there: there is no reason why ordinary Crimeans should 
suffer disproportionately), Moscow must in effect abandon its interference in 
Ukraine. This represents a defeat, but for practical reasons it would be 
essential that the West and Kiev alike not crow over that. Putin needs some 
face-saving assistance if any deal is to be palatable, and if the intent is to 
bring peace to Ukraine—rather than to use this as an excuse to punish or even 
destabilize the Kremlin—then this needs to be on the table.

Kiev can offer protections for the rights of Russian-speakers (already on the 
table), a degree of autonomy or guarantees for the political elites of the east 
(already on the table), reconciliation programs and amnesties for those 
fighters not involved in atrocities (already on the table). Given that the 
ostensible reason for Russian involvement—insofar as the Kremlin admits it at 
all—has been the claimed threat to the Russophone population, this would give 
Putin the opportunity to claim “mission accomplished” to his domestic audience, 
and the pliant Russian broadcast media would duly follow this line.

Of course, this would be a thin fiction, and in the eyes of the world, Moscow 
would have been forced to retreat and to pay a price for its seizure of Crimea. 
And so it should, not least to warn others that even a nuclear power cannot 
breach international law without consequences. But in the delicate balance 
between punishment and humiliation, the best chance of peace can be found.

The bottom line is simple. Russia is the aggressor, not just one party in a 
dispute. Forcing the return of Crimea may for now be impossible (and would 
actually be something of a headache for Kiev), but Moscow must not get a pass 
as a result. Any peace must recognize the damage done to Ukraine and the cost 
of reconstruction and penalize Russia as a result. And if Moscow is unwilling 
to accept these terms? Then the economic warfare that is the sanctions regime 
must continue and if anything be ratcheted up. Yes, US Secretary of State Kerry 
may be uncomfortable with this state of affairs. Yes, there is an inevitable 
collateral impact on Europe (and, for separate reasons, Central Asia). Yes, it 
means Moscow will seek to stir up trouble in Europe and elsewhere. But to 
buckle would be to reward Putin for his aggressions and strengthen his regime, 
while weakening the whole fabric of international law.

http://inmoscowsshadows.wordpress.com/2015/01/01/a-ukraine-russia-peace-deal-crimea-must-have-a-cost/#ixzz3NoHzKfRAFirst

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