All posts by natyliesb

Prof. Geoffrey Roberts: Comment on Periodization as Decolonization

By Prof. Geoffrey Roberts, H-Net (Humanities and Social Sciences Online), 1/24/23

Geoffrey Roberts is an historian, biographer, and political commentator. A renowned specialist in Russian and Soviet foreign and military policy and an expert on Stalin and the Second World War. He is Emeritus Professor of History at University College Cork and a Member of the Royal Irish Academy.

There is a serious danger that the ‘decolonization’ of Russian history being sought by some within the Russian Studies community will be used as a vehicle for anti-Russian political ends rather than the academic goal of seeking to foster a deeper understanding of the past in all its complexity.

Alexander Hill goes too far when he places David Marples among those western academics “all-but calling for the dismemberment of Russia”. But having read Professor Marples’s piece on ‘The Rationale of Russia’s ‘Special Military Operation’ in Ukraine’ (https://www.e-ir.info/2022/12/22/opinion-the-rationale-of-russias-special-military-operation-in-ukraine/), I can see why Dr Hill would make such a claim.

According to Marples, Russia is an authoritarian terrorist regime, bent on ethnocide and the complete destruction of the Ukrainian state. Putin is conducting a barbaric war in Ukraine with goals that preclude diplomacy or the possibility of peace negotiations to end a conflict that has already claimed the lives hundreds of thousands of people, destroyed Ukraine’s economy, and forced millions of its citizens to become refugees. The only choice, writes Marples, is to fight the war to the bitter end, even if that results in ‘political and social chaos’ in nuclear-armed Russia.

With that mindset, it makes perfect sense to seek Russia’s dismemberment, or, better still, the extirpation of the Russian state, just in case its people decide to elect another Putin.

Marples’s critical fire is directed against western academics seeking to understand the Ukraine conflict from the Russian perspective, scholars like myself, who believe the war is limited and defensive, and that a ceasefire, peace negotiations and some kind of a settlement will be extremely difficult but not impossible to achieve – a settlement that would preserve Ukraine as an independent, sovereign state (albeit at the cost of lost territory), satisfy Russia’s security demands, and, not least, avert calamitous escalation into an all-out NAT0-Russia conflict. Similarly minded scholars also think the war could have been avoided by (a) implementing the Minsk agreements on the reintegration of rebel Donbass into Ukraine as regionally autonomous provinces and (b) significant western concessions to the Russian security proposals of December 2021.

Marples namechecks John Mearsheimer, Marlene Laruelle, and Alexander Hill, and I am glad to add my name to those he identifies as advocates of the view that Russia sees itself as fighting a defensive war provoked by Ukraine and the West. (See G. Roberts, “‘Now or never’: The Immediate Origins of Putin’s Preventative War on Ukraine’” https://jmss.org/article/view/76584/56335)

Marples’s response to our views is a series of dubious assertions that read more like propaganda talking points than scholarly analysis. His article displays little or no awareness that each and every one of his assertions is disputed by other scholars who read the evidence differently.

Take, for example, the vexed question of Putin’s attitude to Ukrainian independence and sovereignty. Marples asserts that Putin “has never recognised Ukrainian independence or the very concept of Ukraine as an independent state”. The problem is that Putin has done just that on numerous occasions.

“We respect the Ukrainian language and traditions. We respect Ukrainians’ desire to see their country free, safe and prosperous”, writes Putin in his now notorious essay ‘On the Historical Unity of Russians and Ukrainians’, “I am confident that true sovereignty of Ukraine is possible only in partnership with Russia [which] has never been and will never be ‘anti-Ukraine’. And what Ukraine will be – it is up to its citizens to decide.” (“On the Historical Unity of Russians and Ukrainians”, 12 July 202.1 http://www.en.kremlin.ru/misc/66182.

Unable to prove his point directly, Marples resorts to arguing around it, highlighting statements showing that Putin wants to limit Ukrainian sovereignty and independence. About that he is right. Putin has repeatedly said that Ukraine’s 1991 borders were an artificial construction of the Bolsheviks and their communist successors. He has been adamant that he won’t allow Ukraine to become an anti-Russia and nor will he stand for political and ethnic discrimination against Russian-identifying Ukrainians. He has also characterised Ukraine as a corrupt state controlled by criminals, oligarchs and ultra-nationalists who have shamelessly exploited the Ukrainian people and turned the country into a western catspaw against Russia, And, of course, he has vowed never to return to Ukraine the occupied and incorporated territories of Donets, Lugansk, Kherson and Zaporizhia.

Clearly, Putin envisages a severely circumscribed version of Ukrainian sovereignty (which he sees as advantageous to Ukraine as well as Russia), but his views are not incompatible with an independent Ukraine exercising a meaningful degree of freedom in foreign and domestic policy. Limited sovereignty is and has been the fate of many states. Ireland would never have been allowed to separate from Britain had its independence threatened British security. Finland, having side with Nazi Gemany during the war and lost a lot of territory to the USSR, had to aligned itself Moscow during the cold war. The United States would not countenance Canada or Mexico doing anything that imperilled its security. In 1962 the US was prepared to obliterate Cuba and start a third world war if Soviet nuclear missiles were not removed from that independent sovereign state. In 2003 the British and American pre-emptively attacked Iraq, supposedly to stop Saddam Hussein from acquiring nuclear weapons. China would go to war to stop Taiwan over-exercising its sovereignty. Limited sovereignty is the norm in the current system of international relations. Not even the greatest of powers exercises unbridled sovereignty: the US was forced to shelve it plans to invade Cuba and remove its rockets from Turkey in order to rid Soviet missiles from its doorstep.

Marples seems to prefer a forever war to win Ukraine’s complete and unrestrained independence. He may well get his wish as far as the war is concerned. But I fear the result will be the further destruction and dismemberment of Ukraine.

The tone of Marple’s furious philippic contrasts markedly with the measured discourse of this thread. De-colonising Russian Studies is a complex topic of discussion in which there are some sharply opposed views, but all the contributors (including Marples himself) have treated each other with respect and scholarly decorum.

I have nothing against scholars taking a political stand on the Russia-Ukraine war – I have done so myself (https://www.irishtimes.com/opinion/2022/07/13/ukraine-must-grasp-peace-from-jaws-of-unwinnable-war/). I understand the depths of emotion stirred by the war. But I feel strongly that our primary mission as academics is to throw light on the subject, not add heat to the already intense polemics.

Flashback: Institute for Policy Studies: The CIA’s Worst-Kept Secret (May 2001)

Nazi Lt.-General Reinhard Gehlen

By Martin A. Lee, Institute for Policy Studies, 5/1/2001

“Honest and idealist … enjoys good food and wine … unprejudiced mind …”

That’s how a 1952 Central Intelligence Agency (CIA) assessment described Nazi ideologue Emil Augsburg, an officer at the infamous Wannsee Institute, the SS think tank involved in planning the Final Solution. Augsburg’s SS unit performed “special duties,” a euphemism for exterminating Jews and other “undesirables” during the Second World War.

Although he was wanted in Poland for war crimes, Augsburg managed to ingratiate himself with the U.S. CIA, which employed him in the late 1940s as an expert on Soviet affairs. Recently released CIA records indicate that Augsburg was among a rogue’s gallery of Nazi war criminals recruited by U.S. intelligence agencies shortly after Germany surrendered to the Allies.

Pried loose by Congress, which passed the Nazi War Crimes Disclosure Act three years ago, a long-hidden trove of once-classified CIA documents confirms one of the worst-kept secrets of the cold war–the CIA’s use of an extensive Nazi spy network to wage a clandestine campaign against the Soviet Union.

The CIA reports show that U.S. officials knew they were subsidizing numerous Third Reich veterans who had committed horrible crimes against humanity, but these atrocities were overlooked as the anti-Communist crusade acquired its own momentum. For Nazis who would otherwise have been charged with war crimes, signing on with American intelligence enabled them to avoid a prison term.

“The real winners of the cold war were Nazi war criminals, many of whom were able to escape justice because the East and West became so rapidly focused after the war on challenging each other,” says Eli Rosenbaum, director of the Justice Department’s Office of Special Investigations and America’s chief Nazi hunter. Rosenbaum serves on a Clinton-appointed Interagency Working Group (IWG) committee of U.S. scholars, public officials, and former intelligence officers who helped prepare the CIA records for declassification.

Many Nazi criminals “received light punishment, no punishment at all, or received compensation because Western spy agencies considered them useful assets in the cold war,” the IWG team stated after releasing 18,000 pages of redacted CIA material. (More installments are pending.)

These are “not just dry historical documents,” insists former congresswoman Elizabeth Holtzman, a member of the panel examining the CIA files. As far as Holtzman is concerned, the CIA papers raise critical questions about American foreign policy and the origins of the cold war.

The decision to recruit Nazi operatives had a negative impact on U.S.-Soviet relations and set the stage for Washington’s tolerance of human rights abuses and other criminal acts in the name of anti-Communism. With that fateful sub-rosa embrace, the die was cast for a litany of antidemocratic CIA interventions around the world.

The Gehlen Org

The key figure on the German side of the CIA-Nazi tryst was General Reinhard Gehlen, who had served as Adolf Hitler’s top anti-Soviet spy. During World War II, Gehlen oversaw all German military-intelligence operations in Eastern Europe and the USSR.

As the war drew to a close, Gehlen surmised that the U.S.-Soviet alliance would soon break down. Realizing that the United States did not have a viable cloak-and-dagger apparatus in Eastern Europe, Gehlen surrendered to the Americans and pitched himself as someone who could make a vital contribution to the forthcoming struggle against the Communists. In addition to sharing his vast espionage archive on the USSR, Gehlen promised that he could resurrect an underground network of battle-hardened, anti-Communist assets who were well placed to wreak havoc throughout the Soviet Union and Eastern Europe.

Although the Yalta Treaty stipulated that the United States must give the Soviets all captured German officers who had been involved in “eastern area activities,” Gehlen was quickly spirited off to Fort Hunt in Virginia. The image he projected during 10 months of negotiations at Fort Hunt was, to use a bit of espionage parlance, a “legend”–one that hinged on Gehlen’s false claim that he was never really a Nazi, but was dedicated, above all, to fighting Communism. Those who bit the bait included future CIA director Allen Dulles, who became Gehlen’s biggest supporter among American policy wonks.

Gehlen returned to West Germany in the summer of 1946 with a mandate to rebuild his espionage organization and resume spying on the East at the behest of American intelligence. The date is significant as it preceded the onset of the cold war, which, according to standard U.S. historical accounts, did not begin until a year later. The early courtship of Gehlen by American intelligence suggests that Washington was in a cold war mode sooner than most people realize. The Gehlen gambit also belies the prevalent Western notion that aggressive Soviet policies were primarily to blame for triggering the cold war.

Based near Munich, Gehlen proceeded to enlist thousands of Gestapo, Wehrmacht, and SS veterans. Even the vilest of the vile–the senior bureaucrats who ran the central administrative apparatus of the Holocaust–were welcome in the “Gehlen Org,” as it was called–including Alois Brunner, Adolf Eichmann’s chief deputy. SS major Emil Augsburg and gestapo captain Klaus Barbie, otherwise known as the “Butcher of Lyon,” were among those who did double duty for Gehlen and U.S. intelligence. “It seems that in the Gehlen headquarters, one SS man paved the way for the next and Himmler’s elite were having happy reunion ceremonies,” the Frankfurter Rundschau reported in the early 1950s.

Bolted lock, stock, and barrel into the CIA, Gehlen’s Nazi-infested spy apparatus functioned as America’s secret eyes and ears in central Europe. The Org would go on to play a major role within NATO, supplying two-thirds of raw intelligence on the Warsaw Pact countries. Under CIA auspices, and later as head of the West German secret service until he retired in 1968, Gehlen exerted considerable influence on U.S. policy toward the Soviet bloc. When U.S. spy chiefs desired an off-the-shelf style of nation tampering, they turned to the readily available Org, which served as a subcontracting syndicate for a series of ill-fated guerrilla air drops behind the Iron Curtain and other harebrained CIA rollback schemes.

Sitting Ducks for Disinformation

It’s long been known that top German scientists were eagerly scooped up by several countries, including the United States, which rushed to claim these high-profile experts as spoils of World War II. Yet all the while the CIA was mum about recruiting Nazi spies. The U.S. government never officially acknowledged its role in launching the Gehlen organization until more than half a century after the fact.

Handling Nazi spies, however, was not the same as employing rocket technicians. One could always tell whether Werner von Braun and his bunch were accomplishing their assignments for NASA and other U.S. agencies. If the rockets didn’t fire properly, then the scientists would be judged accordingly. But how does one determine if a Nazi spy with a dubious past is doing a reliable job?

Third Reich veterans often proved adept at peddling data–much of it false–in return for cash and safety, the IWG panel concluded. Many Nazis played a double game, feeding scuttlebutt to both sides of the East-West conflict and preying upon the mutual suspicions that emerged from the rubble of Hitler’s Germany.

General Gehlen frequently exaggerated the Soviet threat in order to exacerbate tensions between the superpowers. At one point he succeeded in convincing General Lucius Clay, military governor of the U.S. zone of occupation in Germany, that a major Soviet war mobilization had begun in Eastern Europe. This prompted Clay to dash off a frantic, top-secret telegram to Washington in March 1948, warning that war “may come with dramatic suddenness.”

Gehlen’s disinformation strategy was based on a simple premise: the colder the cold war got, the more political space for Hitler’s heirs to maneuver. The Org could only flourish under cold war conditions; as an institution it was therefore committed to perpetuating the Soviet-American conflict.

“The agency loved Gehlen because he fed us what we wanted to hear. We used his stuff constantly, and we fed it to everyone else–the Pentagon, the White House, the newspapers. They loved it, too. But it was hyped-up Russian bogeyman junk, and it did a lot of damage to this country,” a retired CIA official told author Christopher Simpson, who also serves on the IGW review panel and was author of Blowback: America’s Recruitment of Nazis and Its Effects on the Cold War.

Unexpected Consequences

Members of the Gehlen Org were instrumental in helping thousands of fascist fugitives escape via “ratlines” to safe havens abroad–often with a wink and a nod from U.S. intelligence officers. Third Reich expatriates and fascist collaborators subsequently emerged as “security advisors” in several Middle Eastern and Latin American countries, where ultra-right-wing death squads persist as their enduring legacy. Klaus Barbie, for example, assisted a succession of military regimes in Bolivia, where he taught soldiers torture techniques and helped protect the flourishing cocaine trade in the late 1970s and early ’80s.

CIA officials eventually learned that the Nazi old boy network nesting inside the Gehlen Org had an unexpected twist to it. By bankrolling Gehlen, the CIA unknowingly laid itself open to manipulation by a foreign intelligence service that was riddled with Soviet spies. Gehlen’s habit of employing compromised ex-Nazis–and the CIA’s willingness to sanction this practice–enabled the USSR to penetrate West Germany’s secret service by blackmailing numerous agents.

Ironically, some of the men employed by Gehlen would go on to play leading roles in European neofascist organizations that despise the United States. One of the consequences of the CIA’s ghoulish alliance with the Org is evident today in a resurgent fascist movement in Europe that can trace its ideological lineage back to Hitler’s Reich, through Gehlen operatives, who collaborated with U.S. intelligence.

Slow to recognize that their Nazi hired guns would feign an allegiance to the Western alliance as long as they deemed it tactically advantageous, CIA officials invested far too much in Gehlen’s spooky Nazi outfit. “It was a horrendous mistake, morally, politically, and also in very pragmatic intelligence terms,” says American University professor Richard Breitman, chairman of the IWG review panel.

More than just a bungled spy caper, the Gehlen debacle should serve as a cautionary tale at a time when post-cold war triumphalism and arrogant unilateralism are rampant among U.S. officials. If nothing else, it underscores the need for the United States to confront some of its own demons now that unreconstructed cold warriors are again riding top saddle in Washington.

John Helmer: BLINKEN CONCEDES WAR IS LOST – OFFERS KREMLIN UKRAINIAN DEMILITARIZATION; CRIMEA, DONBASS, ZAPOROZHE; AND RESTRICTION OF NEW TANKS TO WESTERN UKRAINE IF THERE IS NO RUSSIAN OFFENSIVE

By John Helmer, Blog, 1/25/23

David Ignatius has been a career-long mouthpiece for the US State Department. He has just been called in by the current Secretary of State Antony Blinken to convey an urgent new message to President Vladimir Putin, the Security Council, and the General Staff in Moscow.

For the first time since the special military operation began last year, the war party in Washington is offering terms of concession to Russia’s security objectives explicitly and directly, without the Ukrainians in the way.

The terms Blinken has told Ignatius to print appeared in the January 25 edition of the Washington Post [2]. The paywall can be avoided by reading on. 

The territorial concessions Blinken is tabling include Crimea, the Donbass, and the Zaporozhe, Kherson “land bridge that connects Crimea and Russia”. West of the Dnieper River, north around Kharkov, and south around Odessa and Nikolaev, Blinken has tabled for the first time US acceptance of “a demilitarized status” for the Ukraine. Also, US agreement to restrict the deployment of HIMARS, US and NATO infantry fighting vehicles, and the Abrams and Leopard tanks to a point in western Ukraine from which they can “manoeuvre…as a deterrent against future Russian attacks.”

This is an offer for a tradeoff – partition through a demilitarized zone (DMZ) in the east of the Ukraine in exchange for a halt to the planned Russian offensive destroying the fortifications, rail hubs, troop cantonments, and airfields in the west, between the Polish and Romanian borders, Kiev and Lvov, and an outcome Blinken proposes for both sides to call “a just and durable peace that upholds Ukraine’s territorial integrity”.

Also in the proposed Blinken deal there is the offer of a direct US-Russian agreement on “an eventual postwar military balance”; “no World War III”; and no Ukrainian membership of NATO with “security guarantees similar to NATO’s Article 5.”

Blinken has also told the Washington Post to announce the US will respect “Putin’s tripwire for nuclear escalation”, and accept the Russian “reserve force includ[ing] strategic bombers, certain precision-guided weapons and, of course, tactical and strategic nuclear weapons.”

President Putin has offered a hint of the Russian reply he discussed with the Stavka [3] and the Security Council [4] last week. 

Putin told a meeting with university students on Wednesday, hours after Blinken’s publication.  “I think that people like you,” the president said [5],   “most clearly and most accurately understand the need for what Russia is now doing to support our citizens in these territories, including Lugansk, Donetsk, the Donbass area as a whole, and Kherson and Zaporozhye. The goal, as I have explained many times, is primarily to protect the people and Russia from the threats that they are trying to create for us in our own historical territories that are adjacent to us. We cannot allow this. So, it is extremely important when young people like you defend the interests of their small and large Motherland with arms in their hands and do so consciously.”

Read on, very carefully, understanding that nothing a US official says, least of all through the mouths of Blinken, Ignatius, and the Washington Post is trusted by the Russians; and understanding that what Putin and the Stavka say they mean by Russia’s “adjacent historical territories” and the “small and large Motherland” has been quite clear. 

Follow what Blinken told Ignatius to print, before Putin issued his reply. The propaganda terms have been highlighted in bold to mean the opposite — the public positions from which Blinken is trying to retreat and keep face.

The Biden administration, convinced that Vladimir Putin has failed in his attempt to erase Ukraine, has begun planning for an eventual postwar military balance that will help Kyiv deter any repetition of Russia’s brutal invasion.

Secretary of State Antony Blinken outlined his strategy for the Ukrainian endgame and postwar deterrence during an interview on Monday at the State Department. The conversation offered an unusual exploration of some of the trickiest issues surrounding resolution of a Ukraine conflict that has threatened the global order.

Blinken explicitly commended Germany’s military backing for Ukraine at a time when Berlin is getting hammered by some other NATO allies for not providing Leopard tanks quickly to Kyiv. “Nobody would have predicted the extent of Germany’s military support” when the war began, Blinken said. “This is a sea change we should recognize.”

He also underlined President Biden’s determination to avoid direct military conflict with Russia, even as U.S. weapons help pulverize Putin’s invasion force. “Biden has always been emphatic that one of his requirements in Ukraine is that there be no World War III,” Blinken said.

Russia’s colossal failure to achieve its military goals, Blinken believes, should now spur the United States and its allies to begin thinking about the shape of postwar Ukraine — and how to create a just and durable peace that upholds Ukraine’s territorial integrity and allows it to deter and, if necessary, defend against any future aggression. In other words, Russia should not be able to rest, regroup and reattack.

Blinken’s deterrence framework is somewhat different from last year’s discussions with Kyiv about security guarantees similar to NATO’s Article 5. Rather than such a formal treaty pledge, some U.S. officials increasingly believe the key is to give Ukraine the tools it needs to defend itself. Security will be ensured by potent weapons systems — especially armor and air defense — along with a strong, noncorrupt economy and membership in the European Union.

The Pentagon’s current stress on providing Kyiv with weapons and training for maneuver warfare reflects this long-term goal of deterrence. “The importance of maneuver weapons isn’t just to give Ukraine strength now to regain territory but as a deterrent against future Russian attacks,” explained a State Department official familiar with Blinken’s thinking. “Maneuver is the future.”

The conversation with Blinken offered some hints about the intense discussions that have gone on for months within the administration about how the war in Ukraine can be ended and future peace maintained. The administration’s standard formula is that all decisions must ultimately be made by Ukraine, and Blinken reiterated that line. He also backs Ukraine’s desire for significant battlefield gains this year. But the State Department, Pentagon and National Security Council are also thinking ahead.

Crimea is a particular point of discussion. There is a widespread view in Washington and Kyiv that regaining Crimea by military force may be impossible. Any Ukrainian military advances this year in Zaporizhzhia oblast, the land bridge that connects Crimea and Russia, could threaten Russian control. But an all-out Ukrainian campaign to seize the Crimean Peninsula is unrealistic, many U.S. and Ukrainian officials believe. That’s partly because Putin has indicated that an assault on Crimea would be a tripwire for nuclear escalation.

The administration shares Ukraine’s insistence that Crimea, which was seized by Russia in 2014, must eventually be returned. But in the short run, what’s crucial for Kyiv is that Crimea no longer serve as a base for attacks against Ukraine. One formula that interests me would be a demilitarized status, with questions of final political control deferred. Ukrainian officials told me last year that they had discussed such possibilities with the administration.

As Blinken weighs options in Ukraine, he has been less worried about escalation risks than some observers. That’s partly because he believes Russia is checked by NATO’s overwhelming power. “Putin continues to hold some things in reserve because of his misplaced fear that NATO might attack Russia,” explained the official familiar with Blinken’s thinking. This Russian reserve force includes strategic bombers, certain precision-guided weapons and, of course, tactical and strategic nuclear weapons.

Blinken’s refusal to criticize Germany on the issue of releasing Leopard tanks illustrates what has been more than a year of alliance management to keep the pro-Ukraine coalition from fracturing. Blinken has logged hundreds of hours — on the phone, in video meetings and in trips abroad — to keep this coalition intact.

This cohesiveness will become even more important as the Ukraine war moves toward an endgame. This year, Ukraine and its allies will keep fighting to expel Russian invaders. But as in the final years of World War II, planning has already begun for the postwar order — and construction of a system of military and political alliances that can restore and maintain the peace that Russia shattered.

Highlighted in bold type in Blinken’s text is the phrase, “a strong, noncorrupt economy and membership in the European Union”. This is Blinken’s message to the Kremlin that the US wants to preserve Ukraine’s agricultural economy, its grain export ports, and the trade terms agreed with the European Union before the war. It is also Blinken’s acknowledgement [6] that Vladimir Zelensky’s move early this week to force the resignations and dismissals of senior officials means the US is calling the shots in Kiev and Lvov.

Nothing is revealed in Blinken’s offer “for the Ukrainian endgame and postwar deterrence” of how, and who on the US and Russian sides, to negotiate directly on the particulars. Instead, there is the hint that if the Russians agree to trust the Americans and delay the planned offensive, and if they allow the rail lines to remain open between Poland and Lvov, the Americans will reciprocate by keeping the Abrams and Leopard tank deliveries in verifiable laagers west of Kiev.

As Russian officials have been making clear for months, no US terms of agreement can be trusted on paper, and nothing at all which Blinken says. A well-informed independent military analyst comments on the Russian options: “The best response is continue the special military operation, destroy the Ukrainian military in their present pockets, complete de-electrification and destruction of the logistics, then either take everything east of the Dnieper or establish a de facto DMZ, including Kharkov. Blinken and the others cannot be trusted to follow through if they think they have a chance to stall for time. The Ukrainian Nazis are conspicuously absent from this proposal – and they remain to be dealt with. We know there will be no end to trouble if the Russian de-nazification objective against them stops now.”

Ted Snider: War in Ukraine: When International Laws Collide

By Ted Snider, Antiwar.com, 1/19/22

The war in Ukraine is a tangled mess of causes. As Nicolai Petro has argued, it is at once a conflict between Russia and the US, a conflict between Russia and Ukraine and a conflict within Ukraine. But at its core there are two conflicts: the conflict over whether NATO should have an open door for Ukraine and the conflict over whether the Donbas should be part of Ukraine, an autonomous region or even a part of Russia.

And at the core of each of those two conflicts is a pair of competing international laws: one for the NATO conflict, one for the Donbas conflict. In each case, each law is legitimate; in each case, the US subscribed to one, and Russia subscribed to the other. To a great extent, as Richard Sakwa has argued, “[t]he tension between these two logics . . . contained the seeds of later conflicts.”

At the core of the conflict over Ukraine membership in NATO is the subscription of the US and Russia to legitimate but incompatible international laws. This argument has been set out by Professor of Russian and European Politics at the University of Kent Richard Sakwa in at least two places: in his essay “The March of Folly resumed: Russia, Ukraine and the West” and, with Andrej Krickovic, in “War in Ukraine: The Clash of Norms and Ontologies.”

On the question of NATO expansion, the US cites the principle of the free and sovereign right of states to choose their own security alignments. At the same time, Russia cites the principle of the indivisibility of security: the assurance that the security of one state should not be bought at the expense of the security of another. Both principles are enshrined in international law and in international agreements. Both are legitimate, but the two are contradictory. Hence the conflict.

The US has insisted on the right of states to choose their own security alignments as a justification for NATO’s open door to Ukraine. If every state can choose its alignments, then Ukraine has the sovereign right to choose membership in NATO. Russia has insisted on the indivisibility of security as a justification for opposing NATO’s expansion to its borders and the flooding of Ukraine with lethal offensive weapons. Both principles are right. But, as Sakwa points out, “they proved to be contradictory and ultimately undermined the two sides’ ability to peacefully co-exist.”

Russia holds that peace can be attained by a balance of powers in which the interests of all nations are respected. A hegemon cannot ensure its security while ignoring the security interests of another country. The US holds that the spread of a system of trade and democracy, with the US as the hegemon, will create a common sphere where peace can be preserved. The US argument implies that that spread cannot be a threat to other states.

The West is very familiar with the concept of freedom of choice and the right to choose alliances. Russia has attempted, at various times, to place that freedom within a context. Russian foreign minister Sergei Lavrov has frequently insisted, including in comments to the press on January 27, 2022, that all the relevant international agreements commit nations “to indivisible security and their pledge to honor it without fail.” He points out the legal implication that the sovereign right of nations to choose their own alliances is balanced by the “obligation not to strengthen their security at the expense of the security of other states.”

In a conversation with Biden on December 7, 2021, Putin said that “Every country is entitled to choose the most acceptable way to ensure its security, but this should be done so as not to encroach on the interests of other parties and not undermine the security of other countries. . . . We believe that ensuring security must be global and cover everyone equally.” On December 30, Putin again spoke with Biden and stressed that “the security of any nation cannot be ensured unless the principle of indivisible security is strictly observed.”

Days before the invasion, on February 1, Putin expressed the same principle at a press conference, saying that “We need to find a way to ensure the interests and security of all parties to this process: Ukraine, the other European countries and Russia.”

In a December 30, 2021 essay, Russian ambassador to the US Anatoly Antonov wrote that “Military exploration of Ukraine by NATO member states is an existential threat for Russia. . . . The principle of equal and indivisible security must be restored. This means that no single state has the right to strengthen its security at the expense of others.”

Sakwa reports that Russia has also pointed out that the US insistence on Ukraine’s right to choose its alliances is inconsistent with NATO’s own principles that “at its foreign ministers’ meeting in Copenhagen on 6-7 June 1991 resolved ‘not to gain one-sided advantage from the changing situation in Europe’, not to ‘threaten the legitimate interests’ of other states or ‘isolate’ them, and not to ‘draw new dividing lines in the continent.’”

As with the conflict over NATO’s open door policy for Ukraine, the U.S. and Russia cite legitimate but incompatible principles when it comes to the crisis in Donbas.

On September 27, referendums on joining Russia in the Donbas republics of Donetsk and Luhansk and in the Kherson and Zaporizhzhia oblasts were completed. Citing the UN Charter’s principle of the territorial integrity of existing states, the US rejected the referendums; citing the UN Charter’s principle of people’s right of self-determination, Russia recognized them.

Richard Falk, professor emeritus of international law at Princeton University, has said that “Each conflict of this character, stressing the rights of aggrieved distinct peoples within the borders of an internationally recognized state, raises a general issue of the integrity of sovereign states versus the scope of rights of self-determination.” Falk told me that “the practice of states and the UN is inconsistent, being driven more by power and geopolitical priorities than law, morality, and the UN.”

On October 4, Lavrov in his remarks on the absorption of the new territories into Russia, invoked the self-determination principle. Arguing that the decision of the eastern regions was “based on the free expression of will by their people made during the referendums,” Lavrov claimed that “[t]he citizens of these republics and regions made a conscious choice based on the right to self-determination.”

As he had done with the conflicting NATO principles, Lavrov again argued that the principle of territorial integrity needs to be consistent with, and balanced by, the principle of self-determination. He argued that the 1970 UN Declaration “seals the duty of states to respect the territorial integrity of states” on the condition that they are “conducting themselves in compliance with the principle of equal rights and self-determination of peoples… and thus possessed of a government representing the whole people belonging to the territory.” Lavrov then argued both that territorial integrity does not respect the self-determination exercised in the referendums.

Part of the inability of the US and Russia to see each other’s perspective or to resolve their differences is grounded in their commitment to equally legitimate but incompatible international laws.

Ted Snider has a graduate degree in philosophy and writes on analyzing patterns in US foreign policy and history.