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“Kosovo precedent” and the Ukrainian crisis?

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The revolt and colored revolution by the Russian speaking population in the East Ukraine in 2014 finally resulted in separation of Crimea from Ukraine based on the Declaration of Independence of the Crimea as a legal document followed by the people’s referendum on joining Russia based on the formal self-determination rights according to the model and practice of, for instance, the Baltic states in 1990 when they declared independence from the USSR.

It is clear from the official declaration by the Supreme Council of Crimea on peninsula’s independence that this legal and legitimate act is founded on international law and the people’s right to self-determination, but moreover, as well as based on the so-called “Kosovo precedent” – a western created “precedent” in 2008 which came as a boomerang to Ukraine six years later. Basically, “Kosovo precedent” is a clear representative example of a flagrant violation of the international law and order including above all the UN Charter and the UN 1244 Resolution on Kosovo. This “precedent” is firstly created in 1999 by a brutal NATO military aggression on the independent and sovereign state of the Federal Republic of Yugoslavia (Serbia and Montenegro) without any mandate of the SC UN that was followed in February 2008 by unilateral proclamation of Kosovo independence by Kosovo parliament and its recognition by a part of the world. At such a way the West created the “precedence” which by definition has to be a unique case of the time in the international relations and global politics what theoretically means that it cannot serve as a foundation or example for any similar case all over the world. However, this international and legal “precedent” was in 2010 internationally and legally empowered by the opinion by the UN International Court of Justice that a proclamation of Kosovo independence does not violate an international law on self-determination (independence) what is true but at the same time it violates the UN Charter on territorial integrity of the states and their domestic law what is also true. Nevertheless, the court’s opinion is, formally, just of the advisory nature but in practice it has serious implications and consequences. The first coming one was exactly the Crimean case in 2014 that was clearly stated either by the local Crimean authorities or by Russia’s government.

Undoubtedly, “Kosovo precedent” not only shaken but even destroyed the very foundations of international law based primarily on the UN Charter and resolutions. As a direct consequence, it had direct “boomerang effect” with regard to the case of Crimean secession from Ukraine and following annexation by Russia. We have to remember that Crimea broke away relations with Ukraine calling for the same formal reasons used by the Albanians in the case of the 2008 “Kosovo precedent” and other legal arguments. Nevertheless, the western countries recognized Kosovo independence from Serbia but not Crimean, Donetsk and Luhansk separation from Ukraine regardless the fact that all of these cases are formally and officially based on the same legal and moral arguments. Moreover, differently to “Kosovo precedent”, separation cases in Ukraine are based on the results of the plebiscites.

The western policy of double standards is very visible from the following written statement on Kosovo independence by the US of April 17th, 2009 that was submitted to the UN International Court of Justice: “Declarations of independence may, and often do, violate domestic legislation. However, this does not make them violations of international law.” Nonetheless, similar statement by the same US administration on the independence cases of the Republic of Serbian Krayina, Republic of Srpska, Republic of Transnistria, Republic of Abkhazia, Republic of South Ossetia or three separatist republics in the East Ukraine and Crimea we did not hear. Obviously, the UN International Court of Justice accepted the US statement and issued on July 22nd, 2010 its own two that “No general prohibition may be inferred from the practice of the Security Council with regard to declarations of independence,” and “General international law contains no prohibition on declarations of independence.” According to the above statements, however, it is clear that Moscow was absolutely truthful in the case of Crimea’s secession but with one important distinction: Russia did not bomb Kiev previously!  

As a matter of fact, the West did not offer to Belgrade possibility of federalization of Serbia with Kosovo as one federal unit as only the independence of Kosovo was advocated as the optimal solution. However, Moscow is advocating exactly the federalization as the best solution for the Ukrainian crisis with the East Ukrainian Russian-speaking regions as a single federal territory. Crimea, following the logic of both historical and ethnic rights, has to stay in Russia as the peninsula has nothing to do with Ukraine. Even Turkey or Greece have more rights on Crimea than Ukraine. The scenario of federalized Ukraine would surely positively influence the process of stopping already ongoing new Cold War in this case between the West (the NATO and the EU) and the bloc of the countries around Russia, China and Iran. However, if the western mentors of the Euromaidan government in Kiev will reject such Russia’s proposal it is most probably that Ukraine will be left to commit suicide as the western policy of double standards, promoted by the US and the EU in the 2008 Kosovo Case will continue to have the boomerang effect in the rest of the East Ukraine following the Odessa region as well.

Current Ukrainian crisis in this case can be solved according to the 1667 Andrussovo Treaty signed on February 9th between Poland-Lithuania and Russia. According to the treaty a present-day territory of Ukraine was simply divided between two states: the Polish-Lithuanian Commonwealth (the Republic of Both Nations) and the Russian Empire with Dnieper river as a demarcation line. In the other words, Russia received from Poland-Lithuania territories eastward from Dnieper but with Kiev and whole Zaporozhie region (from both sides of the river). Therefore, Dnieper became a border between “Europe” and Russia with divided Ukraine into two borderlands. The Slavonic word Ukraine means in English a borderland. It is clear even from the name of the country what is going to be its ultimate destiny. Before or later, no matter. The case of the Republic of Serbian Krayina (Ukraine) proved it clearly in the 1990s – the Borderland can be only a periphery of some more natural state. It does not matter on which side of the border.  

UkraineImperialism

We cannot forget and a humanitarian intervention aspect of the final solution of the “Ukrainian Question”. In general, “intervention” is considered as forcible action committed by some state(s) against another one(s) but without the consent by the attacked side. Therefore, “humanitarian intervention” is a military intervention carried out by some state(s) for the sake to protect human rights (usually as a group minority rights). Speaking from the very morality point of view, a humanitarian intervention is grounded, or at least (mis)used as a formal pretext, on the notion of being “humanitarian” what means to be concerned about the interest of and benefits to mankind particularly if the suffering of someone has to be reduced. The concept of humanitarian intervention is (mis)used especially after the Cold War as in the cases of Iraq (in 1991 to create “safe havens” for the Kurds by establishing a no-fly zone policed by three NATO pact countries: the USA, UK and France), Somalia (in 1992 to create a protected environment), Haiti (in 1994 to restore order by the civil authority), Rwanda (in 1994 to create “safe zone” for the Hutu refugees), Kosovo (in 1999 to protect the Albanians from Serbia’s military and police forces), East Timor (in 1999 to prevent possible ethnic cleansing by Indonesia’s security forces) and Sierra Leone (in 2000 to protect the UK citizens at the time of the local civil war).

Very controversial wars of humanitarian intervention in above mentioned cases, in which participated only the western powers, were formally justified on humanitarian grounds. However, in majority of these cases the intervention had in essence very political and geopolitical real background as it clearly shows the cases of Kosovo and Sierra Leone. In Kosovo case, the intervention was committed just in a context of fears about the possibility of ethnic cleansing but not on the real ground. Following NATO airstrikes campaign for 78 days was conducted without the SC UN authorization but finally it forced Serbia to withdraw its complete military and police forces from the province. As a consequence, the province was occupied by the NATO troops with creation of huge US military base and finally separated from Serbia by proclamation and recognition of independence which was in fact a real and ultimate geopolitical goal of the formally humanitarian intervention in 1999. In Sierra Leone, after a prolonged civil war, the UK government decided to send the British military forces to the country, formally to protect the UK citizens, but in fact ultimately to support the elected government against the rebel forces that have been accused of carrying out atrocities against the civilians.

Here, we came probably to the crux of the matter of current Ukrainian crisis and most probably “Ukrainian Question” in general. It is well known that Russia’s president V. Putin is extremely counter-fascinated with the NATO 1999 Kosovo humanitarian intervention as it is seen as great humiliation of Russia and Russian national proudness. It is also well known that the Euromaidan regime in Kiev committed terrible war crimes in Donbass region which can be classified as ethnic cleansing and even form of genocide as thousands of Donbass region inhabitants are brutally killed (among them around 200 kids) and approximately one million of them became refuges in Russia. For Moscow, it is very easy formally to “prove” acts of war crimes of Kiev Euromaidan junta in Donbass region as it was, similarly, very easy for Washington formally to “prove” Serbia’s war crimes in Kosovo before NATO intervention in 1999. As a result, Moscow can launch Russia’s military humanitarian intervention in the East Ukraine with a consequence of its final separation from Kiev. A “Kosovo precedent” is still on agenda and it can be legitimized even by a very historical fact that a part of the present-day East Ukraine became legally incorporated into the Russian Empire in 1654 as a consequence of the decision by the local hetman of Zaporozhian territory Bohdan Khmelnytsky (c. 1595−1657) based on a popular revolt against the Polish-Lithuanian (the Roman Catholic) occupation of Ukraine which broke out in 1648.

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Eastern Europe

Crisis in Armenia Provides Fertile Ground for Russian Meddling

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The immediate cause came on February 25, when Onik Gasparyan, Chief of General Staff of the Armenian Army, and other senior commanders released a statement calling for Prime Minister Nikol Pashinyan to step down. Pashinyan responded by firing Gasparyan.

Yet the real cause of the uproar is Armenia’s defeat in the Second Karabakh War last year, which has triggered a deeply troubled and long-drawn-out period of soul-searching and consequent instability.

Delving into the details over what are the real reasons and who is to blame may anyway be futile in the cloudy political world of all three South Caucasus states (including Georgia and its current woes). While many Armenians believe that the protests are more about internal democratic processes, there is an undeniable geopolitical context too. Perhaps what matters most is the international ramifications of the conflict, especially as the early phases of the Russian-brokered November 2020 ceasefire agreement between Armenia and Azerbaijan are now being implemented.

The political crisis in Armenia does not affect the implementation of the agreement on Nagorno-Karabakh, Kremlin spokesman Dmitry Peskov said on February 26. Other statements by the Russian leadership indicated that the Kremlin, which closely follows the internal development of its Collective Security Treaty Organization (CSTO) ally and the fellow member of the Eurasian Economic Union (EEU), is nevertheless remaining aloof for now.

Over the past year, Russia has confronted multiple crises along its border with some finesse, successfully managing near-simultaneous crises in Belarus, Kyrgyzstan, and Armenia-Azerbaijan.

In each case, the Kremlin has sought to extract geo-economic benefits. Take the current Armenian crisis. The opposition has some support, but not as much as the current leadership. Leaders from both sides have connections with senior Russian leaders, albeit the Kremlin was far more comfortable with the pre-Pashinyan Armenian political elite. They understood what Russia likes in the near-abroad – cautious leaders mindful of Russian sensitivities and unwilling to play the reformist and Western cards that Pahinyan has used since coming to power in 2018.

And yet however much illiberal Russia feels uncomfortable with the reformist Pashinyan government, it needs for now because his signature is on the November ceasefire agreement. With the early stages of the deal being implemented, Russia is keeping its eyes on the prize — most importantly, the agreement to reopen Soviet-era railways which potentially will reconnect Russia to Armenia via Azerbaijani territory. Chaos in Armenia can only jeopardize this key aim.

Russia also understands that Pashinyan is becoming increasingly dependent as time goes by and that it can exploit this vulnerability. Equally obviously, the opposition could prevail, and that would ultimately benefit Russia too.

In the long run, Russia has caught Armenia in a cycle. To stay in power, the government would need extensive Russian economic, diplomatic, and perhaps even military support. But any new government formed by the current opposition would likely demand even more weaponry from Russia to prepare for the next confrontation, however hypothetic, with Azerbaijan. In both cases, the price for more arms would likely be deeper integration of Armenia within the EEU. And whatever remained of Armenia’s policy efforts towards the West, already under grave pressure since the Karabakh defeat, would die.

Potentially, there is a yet-greater reward for Russia – persuading Azerbaijan to allow the Russian peacekeeping mission to remain on its soil beyond the end of 2025. In which case, an openly revanchist Armenian government formed by an opposition determined to build a battle-ready military capable of offensive operations would be a useful tool for the Kremlin to justify the continued presence of its units in Karabakh.

Author’s note: first published in cepa.org

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Caspian: Status, Challenges, Prospects

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An Analysis into the Legal Classification, Security and Environmental Concerns, Geopolitics and Energy Flow Impact of the Caspian Plateau

How has the world’s largest inland body of (salty) water escaped the economic and political notice for so long? And it is for a resource-rich area of a unique locality that connects Europe and Asia in more than just geography. Simply, the Caspian Basin is an underrated and underexplored topic with scarce literature on its geomorphology, mineral deposits and marine biota, its legal disputes, pipeline diplomacy,environmental concerns and overall geopolitical and geo-economic interplays.

As the former Minister of the Canadian government and Secretary General of the OECD – Honorable Donald J Johnston – states in the foreword, Caspian – Status, Challenges, Prospects“is a fitting title for a book that masterfully gives an objective, comprehensive overview of the region. The authors have compiled an analysis of Caspian’s legal classification, security and environmental concerns, geopolitical scenarios, and energy flow impacts as they affect the world’s largest continental landmass – Eurasia.”

From comprehensive but content intensive insights on Caspian littoral states Azerbaijan, Kazakhstan, Iran, Russiaand Turkmenistan, to external actors like Turkey, EU, China and the United States, readers are presented how separate actors and factors interact in this unique theater. The book elaborates on the legal classification of the Caspian plateau including the recent ‘Convention on Legal Status of the Caspian,’ to the numerous territorial and environmental security concerns.

Prof. Anis H. Bajrektarevic and his co-authors present Caspian as the most recent, fresh and novel way, in one stop-shop offering broad analysis on the Caspian region. It is a single volume book for which extensive information is exceptionally rare to find elsewhere. Following the read, authors are confident that a new expanse of scholarly conversation and actions of practitioners will unfold, not only focused on Caspian’s unique geography, but its overall socio-economic, politico-security and environmental scene.

Welcoming the book, following words of endorsements have been said:

The Caspian basin and adjacent Central Asian region (all being OSCE member states, apart from Iran) have, since the early Middle ages, acted as a crossroads between different civilizations and geopolitical spaces. In an increasingly interconnected world, growing geopolitical competition, economic interdependence and the emergence of new global challenges, particularly those related to water, energy and the climate emergency, have highlighted the relevance of this region, making it of increasing interest to researchers and academics. This book presents a thorough analytical compendium of historical factors, political dynamics, economic trends, legal frameworks and geopolitical interests which underpin, but also affect, the stability and development of this complex, diverse and strategically significant region.

Amb. Lamberto Zanier,Secretary-General, Organization for Security and Cooperation in Europe (2011-2017)  OSCE High Commissioner on National Minorities (2017-2020)

A thoughtful, comprehensive and balanced analysis of the complex interplay between geopolitics and geo-economics in Central Eurasia, and pivotal energy plateau – that of Caspian. We finally have an all-in reader that was otherwise chronically missing in international literature, which will hopefully reverse the trend of underreporting on such a prime world’s spot.   

Hence, this is a must-read book for those wondering about the future of one of the most dynamic and most promising regions of the world and what it could entail for both reginal and external players. 
Andrey Kortunov Director General, Russian International Affairs Council

Although of pivotal geopolitical and geo-economic importance, Caspian energy plateau represents one of the most underreported subjects in the western literature. Interdisciplinary research on the topic is simply missing.  

Therefore, this book of professor Bajrektarevic and his team – unbiased, multidisciplinary, accurate and timely – is a much-needed and long-awaited reader: A must read for scholars and practitioners, be it from Eurasia or beyond.

It is truly a remarkable piece of work!  

Authors were able to tackle a challenging subject with a passion, knowledge and precision, and turn it into a compelling, comprehensive yet concise read which I highly recommend.   

Former Minister of Foreign Affairs, Republic of Kazakhstan Erzhan Kazykhanov, Ambassador Embassy of Kazakhstan, Washington dc, USA 

ARTNeT secretariat is pleased to see how our initial invitation to Prof. Anis H. Bajrektarevic to present at the ARTNeT Seminar Series in 2015 evolved. The talk was initially published as a working paper for ARTNeT (AWP 149). Now Prof. Bajrektarevic, in collaboration with another two co-authors, offers a comprehensive study on a nexus of legal, security, and environmental issues all emanating from and linked to energy cooperation (or lack thereof) in the subregion. This volume’s value extends beyond the education of readers on the Caspian Basin’s legal status (e.g., is it a sea or a lake?). It is just as relevant for those who want a more in-depth understanding of an interplay of economic, security, and political interest of players in the region and outside. With the global institutions increasingly less capable of dealing with rising geopolitics and geo-economic tensions, more clarity – even if only about some aspects of those problematic issues – should be appreciated. This volume offers such clarity.   

Mia Mikic, Director UN Economic and Social Commission for Asia and the Pacific (UN ESCAP) ARTNeT coordinator

It is my honor to reflect on this work on Caspian. Comprehensive and content rich, this book of professor Anis H. Bajrektarevic and his co-authors brings up comprehensively all the useful information on Caspian, with the geographical and historical background and cultural, economic as well as security aspects related to it.

Authors’ novel and unbiased approach shall certainly help decision makers in their bettered understanding of the region that has centuries-long history of peace and cordial neighbourly relations. Long needed and timely coming, I warmly recommend this reader to those who want to know, but more importantly to all those who want to understand, this pivotal region of the world.

Ali Asghar Soltanieh Former Ambassador of Islamic Republic of Iran to United Nations and other International Organizations in Geneva & Vienna

The book by Professor Bajrektarevic and his co-authors embodies a wide-ranging overview of the intertwined interests pursued by the young democracies of the Caspian basin, battling with inherited land and water disputes, and their interplay with regional and global powers. Apparently, supporting political independence of the formers and promoting their integration into the latter’s markets requires adequate analyses, timely outreach policies and consistent engagement. In this sense the publication serves as one of the scarce handbooks to understand diverse interests of stakeholders, dynamically changing security architecture of the region and emerging opportunities of cooperation around the Caspian Sea.

Ambassador GalibIsrafilov Permanent Representative to the UN Vienna and to the OSCE Embassy of Azerbaijan to Austria

Caspian: Status, Challenges, Prospects

An Analysis into the Legal Classification, Security and Environmental Concerns, Geopolitics and Energy Flow Impact of the Caspian Plateau

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Eastern Europe

As Georgians Fight Each Other, Russia Gleefully Looks On

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Earlier today, the leader of Georgia’s major opposition party – United National Movement (UNM) – was detained at his party headquarters by government security forces, the most recent escalation in a drawn-out political crisis. This could well be the beginning of a new troubled period in the country’s internal dynamics, with repercussions for the country’s foreign policy.

The optics favor the opposition. Images of armed and armored police storming UNM’s headquarters was damaging to the ruling party, Georgian Dream (GD). Western diplomats expressed grave concern over the events and their repercussions. Protests have been called, and will likely be covered closely in Western media.

What comes next, however, is not clear.

Much will depend on what long-term vision for the country the opposition can articulate in the aftermath of the most recent events. It was not that long ago that UNM was declining as a political force in Georgian politics. There is a real opportunity here. But the burden is on the opposition to make a play for the loyalty of voters beyond its circle of already-convinced supporters.

Appealing to ordinary Georgian voters is ultimately the key to resolving the crisis. Beyond the intra-party clashes about the legitimacy of the most recent elections, there is a growing chasm between political elites and the challenges faced by people in their daily lives. And tackling these challenges successfully will not be easy.

Both the ruling party and the opposition have been facing declining support from the public at large. Long-term economic problems, which have been greatly exacerbated by the pandemic, have not been credibly addressed by either side. Instead of solutions, both sides have engaged in political theatrics. For many voters, the current crisis is more about a struggle for political power, rather than about democracy and the economic development of the country. No wonder that most people consider their social and economic human rights to have been violated for decades no matter which party is in power. These attitudes help explain high abstention rates during the most recent election. Despite remarkable successes in the early years after the Rose Revolution, Georgia has lacked a long-term policy for reimagining its fragile economy since its independence and the disastrous conflicts of the 1990s.

None of this, however, should minimize the threats to Georgian struggling democracy. Today’s arrests reinforce a longstanding trend in Georgian politics: the belief that the ruling party always stands above the law. This was the case with Eduard Shevardnadze, Mikheil Saakashvili, and is now the case with the current government. For less politically engaged citizens, plus ça change: Georgian political elites for the last 30 years have all ended up behaving the same way, they say. That kind of cynicism is especially toxic to the establishment of healthy democratic norms.

The crisis also has a broader, regional dimension. The South Caucasus features two small and extremely fragile democracies – Armenia and Georgia. The former took a major hit last year, with its dependence on Moscow growing following Yerevan’s defeat in the Second Karabakh War. Today, Russia is much better positioned to roll back any reformist agenda Armenians may want to enact. Armenia’s current Prime Minister Nikol Pashinyan has been weakened, and easily staged protests are an easy way to keep him in line.

Georgia faces similar challenges. At a time when Washington and Brussels are patching things up after four years of Trump, and the Biden administration vigorously reiterates its support for NATO, Georgia’s woes are a boon for Moscow. Chaos at the top weakens Georgia’s international standing and undermines its hopes for NATO and EU membership. And internal deadlock not only makes Georgia seem like a basket-case but also makes a breakthrough on economic matters ever more unlikely. Without a serious course correction, international attention will inevitably drift away.

At the end of the day, democracy is about a lot more than finding an intra-party consensus or even securing a modus vivendi in a deeply polarized society. It is about moving beyond the push-and-pull of everyday politics and addressing the everyday needs of the people. No party has risen to the occasion yet. Georgia’s NATO and EU aspirations remain a touchstone for Georgian voters, and both parties lay claim to fully representing those aspirations. But only through credibly addressing Georgia’s internal economic problems can these aspirations ever be fully realized. The party that manages to articulate this fact would triumph.

Author’s note: first published in cepa.org

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