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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

Ukraine war’s first anniversary and beyond

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photo source: Ministry of Defense of Ukraine

The first anniversary of Russia’s special military operation in Ukraine falls on February 24. The Russian strategy of attrition war has not yet produced the desired political outcome but has been a success nonetheless, writes Indian Ambassador and prominent international observer M.K. Bhadrakumar.

The delusional “westernist” notions of the Moscow elite that Russia can be a dialogue partner of the West have dissipated thoroughly, with ex-German Chancellor Angela Merkel’s stunning disclosure recently that the West’s negotiations with Russia regarding the Minsk Agreement were an “attempt to give Ukraine time” and that Kiev had used it “to become stronger.”

Thus, the accession to Russia four ex-Ukrainian regions — Donetsk and Lugansk [Donbass], Zaporozhye, Kherson oblasts – accounting for around one-fifth of Ukrainian territory, is a fait accompli now, and Kiev’s recognition of it is a pre-requisite for any future peace talks.

The Kremlin has put necessary mechanisms in place to galvanise the defence industry and the economy to meet the needs of the military operations in Ukraine. From a long-term perspective, one historic outcome of the conflict is going to be Russia’s emergence as an unassailable military power that draws comparison with the Soviet Red Army, which the West will never again dare to confront. This is yet to sink in.

Under the plan approved by Putin, the Moscow and the Leningrad military districts will be created, three motorised rifle divisions will be formed in the Kherson and the Zaporozhye oblasts (that have been annexed in September) and an army corps will be built in the northwestern region of Karelia bordering Finland.

The internal western assessment is that the war is going badly for Ukraine. Spiegel reported last week that Germany’s Federal Intelligence Service (BND) “informed security politicians of the Bundestag in a secret meeting this week that the Ukrainian army is currently losing a three-digit number of soldiers every day in battles.”

The Biden Administration is hoping to buy time till spring to revamp the pulverised Ukrainian military and equip it with advanced weaponry. The old stocks of Soviet-era weaponry have been exhausted and future supplies to Ukraine will have to be from hardware in service with NATO countries. That is easier said than done, and western defence industry will need time to restart production.

All the bravado that ‘Kiev is preparing for an offensive to drive the Russians out of Ukraine’ has vanished.

The big picture, therefore, as the war enters the second year is that the West is working feverishly on plans, with the Biden Administration leading from the rear, to deliver heavy armour to the Ukrainian military by spring, including German Leopard tanks. If that happens, Russia is sure to retaliate with strikes on supply routes and warehouses in western Ukraine.

Dmitry Medvedev, the outspoken former Russian president who is close to Putin and serves as deputy chairman of the powerful security council, explicitly warned, “Nuclear powers have never lost major conflicts on which their fate depends.”

There is the ‘X’ factor — US domestic politics as it approaches the 2024 election year. The Republicans are insisting on an auditing of the tens of billions of dollars spent on Ukraine — $110 billion in military aid alone — making the Biden Administration accountable.

The CIA chief William Burns paid an unpublicised visit to Kiev, reportedly to transmit the message that US arms supplies beyond July may become problematic.

International Affairs

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Eastern Europe

China Still Ambivalent About the Middle Corridor

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Image Source: Mbkv717/Flickr

Despite the oft-touted momentum behind the Eurasian Middle Corridor circumventing Russia, China still appears not to be fully behind the project beset by geopolitical challenges and infrastructure hurdles.

Overlapping Interests

Russia’s war on Ukraine has been a game-changer for Eurasian connectivity. The route through north Eurasia running from China to Europe that served as a major conduit between the two is now less attractive as a result of the Western sanctions imposed on Moscow. China-EU shipments along the Northern Corridor have decreased by 40 percent according to data from October 2022. This new reality serves as a major incentive for finding alternative routes.

It is rare in geopolitics that so many states in such a short timeframe would agree on advancing a certain project. The Middle Corridor, connecting China and Europe via Central Asia, the Caucasus and the Black Sea, is a good example of a vision where different countries from across Eurasia have accelerated the work not only on promoting the idea, but also laying the ground for its expansion.

In the months following the invasion of Ukraine, the EU has re-invigorated its policies toward the wider Black Sea region and has actively engaged Central Asia through high-level visits, pledging economic and political support. No longer willing to trade with China through Russia, Brussels is now pushing for the expansion of the Middle Corridor.

Small nations along the Corridor, too, have upped their diplomatic game. Leaders of Azerbaijan, Georgia, and Central Asian states have grasped the emerging opportunity and begun inter-state cooperation through bilateral visits and the signing of memorandums on the minimization of tariffs and border crossing hurdles.

The effects of such cooperation are already evident. Indeed, emerging connectivity opportunities push the governments to reconsider their previous position on long-stalled projects such as the Anaklia deep sea port in the case of Georgia or the China-Kyrgyzstan-Uzbekistan railway, which the cooperating states pledged to begin work on in 2023.

Then, there is Turkey. Seeing an opening in the region, Ankara has increased its outreach to Central Asia already following Azerbaijan’s victory over Armenia in 2020. Effectively the initiator of the Middle Corridor idea back in 2000s, Turkey is now arguably one of the critical players driving the concept. A series of “block train” transports were initiated in recent years, traversing the corridor. In February 2021, a train reached China from Turkey’s eastern provinces after nearly twenty days of transit. In April 2022, another train was dispatched via the same route. Turkish President Recep Tayyip Erdogan and his Kazakh colleague Kassym-Jomart Tokayev commended during their summit in Ankara in 2022 “the growth of cargo transit via the Baku-Tbilisi-Kars railroad and the East-West Middle Corridor.” Moreover, the two sides “stressed the importance of strengthening coordination between the relevant institutions for the effective and sustainable use of the Middle Corridor.”

Yet, one critical player– China – is largely missing. Beijing has rarely commented on the Middle Corridor and Chinese analysts write exceptionally little on the issue. Most importantly, Beijing has invested very little in the actual development of the corridor.

Significant Constraints

China’s reticence so far can be explained by pure pragmatism. Of course, there is a major imperative for Beijing to find alternative routes as transit through Russia becomes problematic. In that regard, the Caspian Sea and the South Caucasus indeed constitute geographically the shortest link to Europe.

Yet, the route is not an easy one – it is multimodal, i.e. consists of both sea lines and land routes and crosses multiple countries which have made little effort to synchronize their transit capabilities and develop infrastructure before 2022.

Currently, there is close to no joint tariff coordination, effective inter-governmental dialogue and adequate infrastructure to process the throughput which has been shipped through Russia. For instance, lack of infrastructure in the Caspian Sea prevents convenient transit from Central Asian ports to Azerbaijan. Similar troubles beset the Georgian side of the Black Sea, especially as there is no deep sea port. The construction of the Anaklia port was postponed due to political infighting in the country with new construction plans only recently announced. In 2022, the Middle Corridor could only absorb 3-5 percent of the China-EU trade, which limits Beijing’s interest in the route.

Finally, geopolitical factors, such as instability in the South Caucasus, have contributed to making the Middle Corridor not as attractive for China as it might seem on the first sight. Russian influence is a primary factor. Despite Russia’s current weakness and incrementally growing dependence on China, the latter will have to carefully measure how Moscow will be responding to the development of a route which circumvents it from the south, in the region where Moscow has four military bases.

Kremlin could potentially rupture the connection both politically and through the use of more radical measures if deemed necessary. Much will depend on how Moscow fares in Ukraine. Perhaps a victory might even embolden it to prevent the corridor from materializing. But even if defeated or bogged down in a protracted war, Russia’s behavior will remain unpredictable, keeping China at unease.

From the South Caucasus, the Middle Corridor continues to either the Black Sea or Turkey. The former is currently a war theater, with chances for peaceful implementation of the corridor quite limited. This leaves China with Turkey.

Ankara and Beijing have promoted inherently competing visions of Eurasian connectivity. There were even hints that Turkish and Chinese influence clashed in Azerbaijan, which limited China’s engagement in the expansion of the Middle Corridor. After the outbreak of the war in Ukraine, the situation seems to have changed and Turkey and China have opened more active talks on cooperation along the corridor. For instance, China-Turkey Communication Forum was held in September 2022, focusing, among other things, on synergizing the Belt and Road Initiative (BRI) with the Turkey’s Middle Corridor. Yet, the pace of cooperation remains slow with little practical steps taken so far.

Looking Ahead

China might eventually grow interested in the re-invigorated Middle Corridor as a part of a hedging strategy. As was the case with silk roads in ancient and medieval times, trade corridors rarely remain static. They constantly adjust to emerging opportunities and evade potential geopolitical dangers. In the same vein, China’s massive BRI is far from stationary, but constantly evolving and adjusting to varying circumstances instead.

Although the South Caucasus and the Caspian Sea have not featured high in the BRI documents published by Beijing, the region can rise to rank higher among Chinese interests amid a new emerging geopolitical reality. This is especially the case if Russia grows even more sidelined in Eurasian geopolitics and Beijing realizes that betting on Russia long-term is a dead-end.

Author’s note: first published in chinaobservers

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Eastern Europe

A turning moment in Ukraine Crisis

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Germany’s decision to send tanks to Ukraine is a major moment in the Ukraine Crisis. It will have a far-reaching impact and may turn it into World War III. It is a tradition of the US to gang up to counter its adversaries. Iraq war, Libyan attacks, Syrian aggression, and the Occupation of Afghanistan, all were the result of allied forces, the US has the skills to make allies in addition to NATO and achieve its political objectives.

The US lobbies against its adversaries, and use all dirty tricks including media to malign its adversaries. They mislead the public and level the ground for the next stage – armed intervention. Looking at US interventions in any part of the world, you may conclude a similar approach.

Ukraine is also no exception. The US was preparing grounds for this crisis for a long and dragged Russia into it. Including Ukraine in NATO, was a red line for Russia, but, deliberately, this path was chosen to spoil global peace.

After failing all negotiations, Russia was left with no option except launch a special military operation on the same line as the 2014 Crimea operation. It was just a limited operation and should have been over after securing Russian borders only.

Unfortunately, the US had different intentions and trapped Russia in Ukraine and a full-scale war started. It was purely American war against Russia, but, as usual, America ganged up with NATO and also sought assistance and support from friendly countries.

German Chancellor Olaf Scholz announced the move on Wednesday, bowing to intensifying international pressure – led by the United States, Poland, and a bloc of other European nations, which called on Berlin to step up its military support and commit to sending their sought-after vehicles. The influx of Western tanks into the conflict has the potential to change the shape of the war. The shipments are a breakthrough in the West’s military support for Kyiv, signaling a bullish view around the world about Ukraine’s ability to reclaim occupied territory. Crucially, they may allow Ukraine to take the fighting to Moscow’s forces and re-capture more occupied land, rather than focusing primarily on beating back Russian attacks.

The US has increased its defense budget and military aid to Ukraine. It is aimed to attack Russia, not limited to liberating Ukraine only. It will prolong the war and let Russia bleed for longer.

Participation of Europe in conflict may worsen the situation and may harm Europe more. Although there are public rallies, protests, and agitations in major cities in Europe to end the Ukraine war or at least oppose Europe’s active participation. Some were chanting slogans to leave NATO. It seems the public understands the consequences but the rulers are blindly following US policies. It might create a rift between the public and rulers.

Blunders made by rulers, but, the price is being paid by the public, in the form of inflation, hikes in the price of fuel, energy, food, etc., are a common phenomenon all over Europe. The danger of spreading the war is at high risk.

Imagine, if Russia also seeks assistance from its allies and gangs up to conform to NATO aggression, it will be certainly a Word War III. Today, the World is obviously polarized and blocks are emerging rapidly.

It also can turn into nuclear war too. The 8 declared nuclear states have enough piles of nuclear weapons to destroy the whole world completely. It is scaring scenario.

But despite knowing the consequences, no one is taking any initiative to end the war and seek political solutions to the crisis. The US is not interested in the peaceful resolution of the disputes and Europe is blindly following America.

It is urged that the UN may intervene proactively and initiate a dialogue to reach an acceptable solution for all stakeholders. Unbiased, non-partisan nations may come forward to initiate peace dialogues. All peace-loving countries and individuals may act proactively and struggle to end the Ukraine crisis. Satisfying all concerned parties may achieve sustainable peace and avert any big disaster.

Humankind is the most precious thing in this universe and must be respected. Value human lives, save human lives, and without any discrimination protects human lives across the board all over the globe.

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