Friday, 9 May 2014

Angela's Hour: Why Ukraine's fate lies in Germany's hands

Yesterday, the Australian Broadcasting Corporation published another article of mine on Ukraine: http://www.abc.net.au/news/2014-05-09/dal-santo-putins-power-play-straight-from-the-pages-of-history/5440894.

The full text is also here:


Copenhagen, 7 May 2014

 

ANGELA’S HOUR: Why Ukraine’s future lies in Germany’s hands

 

History, they say, never repeats itself. But events in Ukraine bear an uncanny resemblance to the Partition of Poland more than two hundred years ago. Careful attention to how it unfolded can help us see where the power to bring an end to the crisis lies today—and it isn’t in Washington.

 

Though it has gone little commented upon, German Chancellor Angela Merkel has spoken frequently with Russian President Vladimir Putin over the past week. Their most interesting conversation took place last Thursday.

For Mrs Merkel, the immediate issue was the release of a group of OSCE observers held by pro-Russian forces in Slovyansk. For Mr Putin, however, it was geopolitics. According to the Kremlin, the Russian president urged Mrs Merkel to use her influence over Ukraine’s interim government to prevail on Kiev to withdraw its forces from southern and eastern Ukraine.

Precisely how the German chancellor reacted isn’t known. But Mr Putin was, in effect, asking her to consent to a partitioning of Ukraine between the pro-Western, and Western-backed, government in Kiev in favour of closer ties with NATO and the EU, and pro-federalist or separatist militias backed by Russia in the east and south.

 


Figure 1: Getty Images

Outspoken in her criticism of the Kremlin’s tactics in Crimea, Mrs Merkel has since become more circumspect, as if unwilling to push her dealings with Putin into a rhetorical corner. She seems personally disposed to take a harder line with the Kremlin, but the pressure on her from German businesses and a surprisingly pro-Russian political establishment—on both left and right—has been enormous. It’s been estimated that 300,000 German jobs depend on exports to Russia.

At the same time, as the EU’s unofficial gatekeeper, Mrs Merkel is among the few Western leaders who could persuade Kiev to agree to the federalization plan Moscow insists is essential to quelling the violence. By far the European leader with the most influence in eastern Europe, she finds herself in an awkward position—one a long line of German leaders has been in before.

She has geography, the Kremlin and Germany’s own strength to thank for this.

Germany is the only European country Putin—himself fluent in German—takes seriously. It’s also one of Russia’s biggest trading partners. In 2013, Russia exported some €40bn in trade with Germany, most oil and gas, the bread and butter of the Russian economy. Though Germany would inflict real harm on itself, a tough sanctions regime would apply real pressure on Russia.

The two countries have a long history in dividing up their neighbourhood. In 1939, the Molotov-Ribbentrop Pact between Hitler’s Germany and Stalin’s USSR put an end to an independent Poland. In 1918, the Treaty of Brest-Litovsk divided all the lands of modern Poland and Ukraine between the Kaiser and the Bolsheviks—generously in Germany’s favour.

But the most instructive division of Europe from today’s perspective took place when Russia’s Catherine the Great, Empress of Russia from 1764 to 1794, partitioned the sprawling Polish Commonwealth between herself and Europe’s two leading Germanic powers: Frederick the Great’s Prussia and Maria-Theresa’s Austria.

 


Figure 2: Catherine the Great. Arts for the Empire - Masterpieces from The State Hermitage Museum, Russia. www.ago.net

Eighteenth-century Poland—then Europe’s largest country save Russia itself—included much of the lands that now lie in today’s Ukraine. Indeed, Putin is today pursuing more or less the same strategic aims as Catherine the Great, when she first brought Russian rule to the Europe’s southern steppes in the 1760s, and doing so in much the same way and on much the same pretext.

Fabled for its ancient constitution that provided for a king elected by parliament (the Sejm), enshrined the right of even a single nobleman to veto royal legislation and licensed rebellion of noble factions against the crown, Poland was in fact an anarchic place dominated by local magnates with their own private armies, which they used to extract revenues from the peasantry in their domains. It was a situation external powers found irresistible, not least Catherine’s Russia.

In other words, eighteenth-century Poland was not at all unlike modern Ukraine, where in twenty years of independence regional oligarchs have used their power and money to gouge out local monopolies at the expense of the overwhelming majority of the country’s citizens, and which until late last year the Kremlin found easy to exploit by playing one elite client off against the next. It’s a strategy Putin might have taken straight out of the eighteenth-century empress’s playbook.

In 1764, Catherine took advantage of Poland’s divisions to install a former lover on the Polish throne. As king, however, Stanislav turned out to be made of stronger stuff. Rather than merely towing Catherine’s line, he set out to reform the Polish state, curtailing the nobles’ veto rights—rights, as Catherine well knew, that had made Poland ungovernable and so easily amenable to foreign (i.e. Russian) influence.

Styling herself the defender of Poland’s ‘ancient freedoms’, in 1768 Catherine used the threat of invasion to force Poland’s King Stanislav to sign a treaty not only to protect Poland’s Orthodox minority—whose religious freedoms she claimed Stanislav’s new constitution threatened to undermine, much as Putin has lately been doing on behalf of Ukraine’s sizeable Russian-speaking minority—but also to restore the unwieldy constitution Stanislav had sought to modernize.

For Stanislav, the treaty turned out to be a big mistake, allowing a faction of nobles to cast the king as a Russian puppet. And when they revolted—as fed up Ukrainians did last year when another Russian ruler to give up a potentially transformative trade agreement with the EU—, Catherine pounced. In 1771, under the guise of protecting ‘law and order’, a Russian army entered Poland. The country collapsed. The Ottoman Turks declared war, but the Russians defeated them and made them hand over Crimea. Unwilling to go to war, Prussia and Austria instead decided to join Catherine in dividing Poland up.

The result, in 1772, is what has since become known as the First Partition of Poland, which awarded thousands of square miles of Polish territory to Russia, Austria and Prussia. In 1783 Catherine annexed Crimea and pushed the Ottomans south towards the Danube. Into this so-called New Russia flowed Russian settlers, whose ‘rights’ Putin has lately deployed the Russian army to defend.

It took two further partitions to erase Poland from the map. They have since become a by-word for double-dealing, as diplomats in hushed drawing rooms disposed of a fractious, aristocratic commonwealth that nineteenth-century liberals loved to present as a tragic tale of democracy denied.

 


Figure 3: The Partitions of Poland, 1772-1795. Source: Paul Robert Magocsi, Historical Atlas of Central Europe. Seattle: University of Washington Press, 2002.

Sound familiar? It should. Because behind the recent crisis lies a combination of elite in-fighting, constitutional wrangling and Russian opportunism at Europe’s eastern crossroads that’s almost a set-piece replay of the situation Catherine exploited.

Like Catherine, Putin took advantage of squabbling between Ukraine’s modern-day elites for a division of the country’s spoils. And just as Catherine’s treaty trapped Stanislav, so the Kremlin’s deal-making with Yanukovich delivered him into Putin’s pocket, including the infamous $15bn loan for walking away from the EU’s trade deal that ended up making him look like a Russian stooge.

Ever since, Putin has been playing the same legitimist card as Catherine, presenting Russia as the defender not only of the lawful Ukrainian president and legitimate Ukrainian constitution, but also of the ‘rights’ of Ukraine’s Russian speakers, first in Crimea, now in Donbas and Odessa.

What Catherine had but Putin has always lacked are international partners to legitimize the sphere of influence he has asserted and, to all intents and purposes, carved out. Led by the United States, the West won’t talk, but like Prussia and Austria in the 1770s, however, it has ruled out war to make him give them up.

This is where Germany’s Angela Merkel comes in. Like Frederick the Great and Maria-Theresa in the 1770s and 1790s, she was last Thursday being asked to partition a swathe of eastern Europe with Russia. She can be forgiven for being surprising at finding herself in this position. The ‘end of history’—the fall of the Berlin Wall, the expansion of the EU and NATO—was supposed to put a stop to this sort of thing.

What it hasn’t changed, however, is Germany’s position as central Europe’s richest and most powerful country. Not only is Germany the only big European country Russia will deal with; it’s the only one that really has to.

The other thing that hasn’t changed is Russia’s aggressive view of its interests. As in the days of Catherine the Great, Russian meddling has again plunged a fatefully divided neighbour into a constitutional crisis that has allowed the Kremlin to intervene as the defender of law, order, and minority rights. Now as then Moscow is looking for a Western partner to acknowledge its gains; once again, Germany is the Western power with the most pressing interest in doing that.

Today, partition doesn’t mean the actual dividing up of Ukraine between Russia and Germany. What it does mean is that, in return for a Russian promise to let Ukraine’s Western half drift closer to Europe, Mrs Merkel would encourage the authorities in Kiev to listen to Russia’s demands for the country’s federalization, an outcome that would leave Russia’s border where it is but reassure the Kremlin of its influence in the eastern and southern regions it considers essential to its security—and prevent the country as a whole moving definitively into the West’s orbit.

Morally, this is an invidious position for any democratic leader to stand in. But the only alternatives are more sanctions (which will harm Germany almost as much as Russia and, from Berlin’s point of view, embitter an essential regional partner) or war on Ukraine’s behalf (which everyone has ruled out).

While Catherine seems hardly to have let such scruples bother her, it’s said that Austria’s Maria-Theresa sobbed guilt-ridden as she divided Poland up with Russia’s wily empress. But having ruled out the unpalatable alternative, she pulled herself together. ‘The more she wept, the more she took’, Prussia’s more pragmatic Frederick the Great mocked.

Normally noted for her pragmatism rather than sentimental or ideological attachments (she shed not a tear when the bailout conditions she imposed on southern Europe cost thousands their jobs), this crisis seems thus set to test Mrs Merkel’s non-committal political strategy to the limits.

By taking the moral high ground, and with so little at stake economically in Russia, Washington has made itself secondary to the only real diplomatic solution to this crisis—one that gives Russia at least some of what it wants. But Mrs Merkel hasn’t yet fully shown her hand and, with much more on the line, we should definitely pay more attention to her phone calls with the Kremlin.

 

 

Thursday, 1 May 2014

The Holy Soviet Empire of the Russian Nation


Today, I published an essay on the mixing of Soviet and Orthodox symbols by the pro-Russian movement in eastern Ukraine, which I think shines a light on what I'm tempted to call the 'Holy Soviet Empire of the Russian Nation': http://www.abc.net.au/news/2014-05-01/dal-santo-russias-holy-soviet-empire-in-eastern-ukraine/5422946.

The full text is also here:


1st May 2014

 

The Holy Soviet Empire of the Russian Nation

 

A few days before Easter, the Russian news site Lenta ran a fascinating slideshow with pictures of pro-Russian militiamen and their supporters in eastern Ukraine: http://lenta.ru/photo/2014/04/14/ukraine/#1. Two things immediately strike the viewer.

The first is the professional nature of the bearing and equipment of the so-called ‘self-defence’ militias that have seized government buildings in the self-proclaimed ‘People’s Republic of Donetsk’. As NATO has itself concluded, these disciplined and clearly physically fit men equipped with the same automatic weapons, fatigues, helmets and knee pads, must be Russian forces.

We’re clearly witnessing an undeclared Russian invasion of Ukraine’s Donbass region, whose factories once played an integral part in the Soviet Union’s arms industry and still supply the Russian armed forces with vital components. The broad Soviet-era avenues and ubiquitous monuments to Lenin in its cities—Kharkov, Donetsk, Lugansk—display the strength of Soviet nostalgia in the region.

Also striking, however, among the pro-Russian demonstrators are religious symbols and their frequent commingling with Soviet ones.

Take, for example, the picture below of what the Kremlin describes as spontaneously organized pro-Russian demonstrators escorting an icon of the Virgin and Child from a Ukrainian security forces station in Lugansk, presumably to protect it from the risk of fighting.

 

13 апреля, Луганск. Вооруженные пророссийские демонстранты c иконой из захваченного здания СБУ.

 

In Orthodox theology, an icon makes present the holy personage it depicts. In this case, the reverence in the eyes not only of the soldier clutching the image but of the whole troop suggests that these servants of the Russian state believe the Virgin really is among them.

In another photograph, a more obviously ‘local’ man is seen erecting a large Orthodox cross in front of the same Ukrainian government building from which the icon was removed. In the foreground, someone else waves a Russian flag. Symbols of Orthodoxy, it seems, are as elemental a sign of Russian-ness as official national emblems. With Putin firmly in charge in the Kremlin, the old tsarist trinity of Autocracy-Orthodoxy-Ethnicity seems but a breath away.

 


12 апреля, Луганск. Мужчина украшает крест во время митинга перед захваченным зданием СБУ .

Фото: Шамиль Жуматов / Reuters

But the emblems of the old Soviet Union also appear to play an important role in focusing and projecting the protesters’ sense of identity. Thus, in the same place two days a pro-Russian woman raises a victory salute in front of a barricade topped with the USSR’s familiar red banner.

 


 

14 апреля, Луганск. Протестующие у здания СБУ.

 

Now, the Soviet Union was an officially atheist state. From the very moment of its seizure of power in 1917, Lenin’s dictatorship of the proletariat violently suppressed all religion—Marx’s ‘opium of the people’—in the name of international Communism. Its campaign against the Russian Orthodox Church, which formed a central pillar of that tsarist order the Bolshevik revolution sought to destroy, was particularly thorough and ruthless.

Yet the animosity between Church and Party seems forgotten in eastern Ukraine, where to be or identify as Russian in the twenty-first century seems to mean invoking the symbols of both an atheist USSR and an almost ur-Russian Orthodox Christianity with ancient roots in Byzantium.

One photograph, in particular, captures the incongruous collage of emblems: a man presents to the camera a shield bearing a large, Byzantine-style icon of a warrior saint while over his shoulder the Soviet hammer and sickle flutter on their distinctive red background.

 


 

12 апреля, Луганск. Протестующий на баррикадах показывает свое снаряжение.

Фото: Шамиль Жуматов / Reuters

 

It’s well known—not least for having been repeated at every opportunity in the Western press over the past two months—that, personally at least, Vladimir Putin considers the collapse of the Soviet Union ‘the greatest geopolitical disaster of the twentieth century’. If Putin really does want to rebuild the Soviet Jerusalem, it appears not a few in Donbass would like to help him.

On the other hand, since coming to power in 2000 Putin has also forged a strong alliance with the Russian Orthodox Church, and in particular with Patriarch Alexy II of Moscow, who some accuse of having been a KGB informer. During Putin’s presidency, the church has regained its position as one of Russia’s leading institutions and it’s said that some two thirds of Russians identify with it at least nominally.

Separately, nostalgia for the Soviet Union and the explosion of Orthodox spirituality have been constants in Russian cultural life since the USSR’s collapse in 1992. What these photographs from Ukraine do, however, is ask us how they fit together in shaping a sense of modern Russian identity.

To return to our pro-Russian demonstrators in Donbass, is it a return to the atheist USSR that they want or a revival of the dream of Moscow as an Orthodox ‘Third Rome’? The temptation, of course, is to call them confused and pity the Russians their schizophrenia. Only the truly disorientated would combine Lenin and the Virgin Mary.

The other problem with this apparently split identity—collectively or in its separate Soviet and Orthodox components—is that it isn’t coterminous with Russia’s present borders.

Whatever desperate groping after meaning this mixing of historical symbols implies, the truth is we would ignore it if it weren’t responsible for today’s geopolitical confrontation. To help us take it seriously, however, we might consider shifting time and place dramatically.

On Christmas Day in the year AD 800, at an impromptu ceremony in Rome’s St Peter’s basilica, Pope Leo III crowned one Charles, king of the Franks, Roman emperor. There hadn’t been a Roman emperor in Western Europe for over three hundred years—and the last, the forlornly named Romulus Augustulus, hadn’t received his crown from the pope, though he and his predecessors for more than a century had been Christian.

But even in the ecclesiastical republic that was early medieval Rome, the sense that ‘there should be an emperor’ remained strong. By bestowing on Charles—Charlemagne—an imperial title, Leo reunited two strands of Western European history that time, and Rome’s unexpected fall, had sundered: the Christian church and the Roman empire that had once persecuted it.

I think that events in Ukraine point to the mending of a similarly sundered identity. When the Soviet Union collapsed, many Russians were understandably confused: fear and confusion are the two overwhelming sentiments that come through in Solzhenitsyn’s Russia in Freefall, a moving anthology of encounters with ordinary Russians in the 1990s.

Rather than confusion or schizophrenia, however, the mixing of symbols seen in Ukraine seems to point to a desire to unify and, from a certain point of view, heal. Not only do the protesters proclaim the geographical unity of the Russian nation in spite of international borders which many see as arbitrary and unjustified. They also proclaim the historical unity of the Russian nation through time.

Today’s Russians, it seems, want to be and be seen to be heirs to whole paradoxical and contradictory sweep of their history, ready perhaps to see themselves in what we might, generously, call the ‘best’ of their country’s unusually tumultuous past. Thus, Soviet symbols recall a great and powerful but reassuring land where there was work, if not material plenty, for all; those of the church proclaim an Orthodox people specially Chosen by God to carry the unique light of Orthodoxy in the world—an idea whose place in Russian culture goes all the way back to the fall of Constantinople to the Turks in 1453.

In the long run, the re-assemblage of the torn shreds of Russian identity would be a good thing for the world. A confident Russia, at peace with itself and no longer haunted by its demons, would be more likely to act as a cooperative member of the international community than the prickly, navel-gazing state with a gaping chip on its shoulder that we’ve become used to.

But events in Ukraine show it won’t necessarily be easy for the rest of the world to accommodate it. Since the collapse of Communism in 1989, the world has had to live with only one really exceptional nation—the United States. Part of the challenge of the new world order, which events in Ukraine seem to suggest is already upon us, will be to deal with competing if not rival visions of national exceptionalism.

We can condemn the Kremlin’s destabilizing strategy in Ukraine and the underhanded tactics it has used to pursue it. But the symbolic bricolage of the Russian Ukrainians who do support both we would do well not to dismiss as misguided, deluded or confused but as the building blocks of a durable and potentially positive form of Russian patriotism—in Russia at least, if not Ukraine.

The men who had founded the Rome’s empire and ruled it until Constantine’s controversial conversion in AD 312 were almost all of them implacably hostile to Christianity. Though paradoxical, the medieval marriage of church and empire was a central anchor of Western European identity until the Reformation. And a baptized ‘Holy’ Roman Empire remained, in theory, the leading European state until Napoleon abolished it in 1805.

A ‘Holy Soviet’ empire might sound like an impossible contradiction to us, a mishmash that only points up the desperate and pitiable nature of the cause in whose favour such symbols have been deployed. Yet equally strange fusions have lent unity to other civilizations for hundreds of year, including our own. (And a similar process also seems to be underway in modern China where a once-hostile Communist Party is today resurrecting the ancient teachings of Confucius.)

I’ll finish with one more photograph from eastern Ukraine: a pro-Russian militia man kisses the cross that hangs from a priest’s neck. Putin might be trying to turn back the clock on the Soviet Union’s demise, but it’s to the Orthodox Church his foot soldiers turn for blessing. To us, this is an extremely surprising thing for the servant of any state to do; in various forms, however, we might have to get used it.

 

13 апреля, Славянск. Пророссийский активист целует крест у священника.

Фото: Женя Савилов / AFP

 

Monday, 14 April 2014

Crimea Redux: Russia invades the Don Valley


Rome, 14th April 2014

 

Crimea Redux: Russia invades the Don Valley

 

This morning, Ukrainian forces attacked the pro-Russian fighters that had taken over the town of Slovyansk in the self-proclaimed ‘People’s Republic of Donetsk’, a Russian-speaking region in eastern Ukraine’s Don River valley. A number of those fighters bear Russian arms and appear to be advance units of the Russian forces massed along Ukraine’s eastern borders.

An undeclared Russian invasion of eastern Ukraine is now underway: Moscow seems only to be waiting for an armed Ukrainian response to send in its regular forces to protect the region’s Russian speakers from Ukrainian ‘aggression’.

If that happens, Russian forces will be far more numerous and better equipped than Ukraine’s. Their superiority will mean that Ukraine will not be able to withstand a Russian advance without outside help, for which it will inevitably turn to NATO.

NATO will have to make a careful decision about how to respond to Kiev’s requests. It can try either to resist and roll back the Russian advance or contain it. Each course of action comes with different costs and potential paybacks; each relies on a different assessment of the kind of threat Russia presents.

Stopping and then reversing a Russian takeover of eastern Ukraine will require the use of force, either directly by deploying NATO planes and tanks or indirectly by supplying the Ukrainian army with such equipment. This is a high-cost option whose potential risks and benefits the alliance needs to weigh carefully.

Because Russia considers eastern Ukraine rightfully Russian territory, it won’t give up lightly whatever portion it ultimately seizes. The loss of prestige Moscow would endure would be so great that it will be prepared to suffer heavy losses to avoid it. And a history of stoical resistance to foreign invasion—whether against the Poles in 1613, the French in 1812 or the Germans in 1941—would dispose the Russian public to patriotic support for the Kremlin’s defence of the ‘Fatherland’.

If it decided to try to stop a Russian invasion or roll one back, NATO would have to be prepared to match Moscow in commitment. This would lead to an all-out war with Russia in a scenario where its own forces were directly employed, or to a ruthless and bloody Yugoslav-style civil war if the alliance decided to limit itself to equipping the Ukrainian army with the assets necessary to wage a guerrilla resistance.

Civilian casualties would be high and damage to the region’s infrastructure great, which would exert a steady pressure on many alliance members to abandon or run down their support for the operation. Russia is much readier to tolerate both than NATO. The chances of success would be remote.

Even if NATO were successful in forcing Russia out of Ukraine, it would be left to foot the bill for the region’s reconstruction. And it would have to prevent nationalist-minded Ukrainians from exacting revenge on Russian-speaking friends and relatives who perhaps supported Moscow’s invasion.

It would also be forced to prop up Ukraine as a whole indefinitely, with little leverage to bring about the reforms the country needs to stamp out economic corruption or political extremism. An impoverished, dysfunctional and still divided Ukraine is not an alliance partner NATO needs or wants.

Above all, Russia—a country of some 140m and a permanent member of the Security Council—would become the West’s sworn enemy for at least a generation. Cooperation on anything of importance to the West would be next to impossible. Geopolitically, it would gravitate even closer towards China.

The alternative—containing a Russian invasion to eastern Ukraine—is a better goal. This can still be achieved by a combination of diplomacy and the threat but not, at least in the first instance the use, of force.

The aim would be to agree to avoid both a direct NATO-Russia confrontation and a Yugoslav-style civil war through a partition of Ukraine with Moscow that left it in control of the eastern districts it hankers after, but preserved the survival of a truncated Ukrainian state centred on Kiev and the country’s Ukrainian-speaking west.

To do this, NATO will have to pressure on Kiev not to try to retake the eastern cities, by refusing to offer it help in the event of the inevitable Russian counter-attack. It will have to talk directly to Moscow, offering it the possibility of recognition—perhaps through OSCE-organized referenda—of its gains. NATO’s price for agreeing to such a redrawing of the border would be Russia’s foreswearing any designs on Kiev itself and its giving up its objections to the admission of a rump Ukrainian state to NATO and, in time, the EU.

NATO should also visibly increase the deployment of its forces to the Baltic states, Poland and Romania. This will send a clear signal that the alliance will match its words with force if Russia reneges on its commitments (for example by making an advance on Kiev). Its members—above all the United States—should state clearly and repeatedly that they will honour their treaty obligations to one another in the event of Russian aggression against one or several of them.

Such a course of action would go against the alliance’s best instincts—seeming to represent the surrender of national freedom before naked aggression. And critics will call this a second Munich, a sell-out of Ukraine indistinguishable from Britain and France’s sell-out of Czechoslovakia to Nazi Germany in 1938.

But both notions should be resisted. Ukraine is clearly divided—perhaps not as much as Russia claims but certainly more than its better-functioning neighbours—and those divisions are the underlying reason for its weakness. NATO isn’t obliged to defend a form of freedom even a sizeable minority of the population feel ambivalent about.

Secondly, Putin’s Russia isn’t the threat to European let alone world peace Hitler’s Germany was. Russia isn’t seeking to overturn the world order but ensure its place in it as a great power. Outside Russia’s backyard, NATO’s strategic advantage—political, economic and military—is overwhelming, its security guarantees credible where the Anglo-French guarantee to Poland was more an expression of moral support.

Fundamentally, Putin’s effort to regain historically Russian or Russian-majority territories is about prestige not Lebensraum. A desire for prestige makes Putin especially receptive to diplomacy (in a way Hitler never was). He understands the risks of war and is cautious by nature—as his restraint in the 2008 war with Georgia demonstrates. He also knows that a negotiated outcome is the only way of bestowing international legitimacy on his acquisitions. But to be induced to make a deal, he needs to be assured that the West takes Russia’s interests seriously—something NATO’s frequent insistence on a complete back down in his view tells against.

Confronting Russia, directly or indirectly, might be morally more satisfying and easier to explain to the public. But it doesn’t in fact serve the alliance’s interests. NATO’s primary purpose is guaranteeing the security of its members. For many good reasons, Ukraine isn’t a member of that alliance.

Indeed, NATO can guarantee its members’ security without committing itself to a war over Ukraine. By resorting instead to diplomacy, it can at the same time preserve the footing for a pragmatic relationship with Russia, something of great long-term value beyond the current crisis.

Some will say that ‘standing up’ to Russia is important to demonstrate the sanctity of international frontiers. But at what price ‘should’ NATO defend this principle? And, given Ukraine’s history and divided politics, are those particular borders really worth it?

If we hold our noses and ready NATO to defend its members if and when they’re threatened, diplomacy can still make the same point without the bloodshed. So far, Moscow has been able to swallow Crimea. But, who knows, perhaps in the ethnically more diverse Don Valley, where public opinion doesn’t seem as united behind the Kremlin as it was in Simferopol, Russia’s bitten off more than it can chew. It can after all ask Washington about what it’s like to get bogged down in a guerrilla war with nationalists.

On the other hand, if Moscow’s new territories happily accept the restoration of rule from the Kremlin, then perhaps they’re better off Russian rather than Ukrainian anyway. Certainly, a smaller, more ethnically coherent and culturally more Western-oriented Ukraine would be a much more valuable candidate for both NATO and EU membership.

‘Ukraine isn’t a state’, Vladimir Putin is said to have remarked. Millions of Russians seem to agree. Before 1992 Kharkov, Donetsk and Lugansk had been ruled from Moscow for over 300 years. It never planned to let them go.

With their monuments to Lenin and heavy Soviet past, these cities mean infinitely more to Moscow than they do to us.

We lose nothing by keeping this Russia’s crisis.

 

Monday, 7 April 2014

Illegal But Not Unlawful: What Crimea says about Putin's Russia


Rome, 8th April 2014
 
 
Illegal But Not Unlawful: What Crimea says about Putin’s Russia 
 
 
On 18th March before the assembled deputies of both houses of the country’s parliament, Russian President Vladimir Putin signed into law an annexation treaty with the recently proclaimed independent republic of Crimea. The setting—the Kremlin’s marbled and gilded tsarist-era St George’s Hall—was gaudy and awkward at times, but on the whole stately and not undignified.
 
Of course, the United States and European Union have repeatedly called both the treaty and the referendum that preceded it ‘illegal’ and ‘illegitimate’. But everything about the symbolism of that afternoon in the Kremlin seemed designed to convey quite the opposite message: that this was the act of a state governed by the rule of law.
 
This seems deliberate and part of a broader strategy. Writing last week in Foreign Policy, Katie Engelhart noted the elaborate lengths to which Putin has gone to give his annexation of Crimea an aura of legality. [1]  
 
Because the Russian constitution actually bans the admission of new territories without Moscow’s signing a formal inter-state treaty from which they hope to secede, on 28 February the Duma introduced a bill that would have done away with the need for such a treaty in cases where: 1) a state had failed to maintain law and order in the territory seeking admission (as, in fact, Russia claimed Ukraine failed to do in the aftermath of the Kiev revolution); 2) and where the people had expressed their desire for admission to the Russian Federation through a ‘democratic referendum’.
 
As Engleman points out, however, the Council of Europe’s legal commission strongly criticized the proposed legislation as unconstitutional. Surprisingly, perhaps, this was enough to prompt the Russian leadership to drop the bill and opt for another route to legalize Crimea’s annexation.
 
This was by having Crimea declare independence from Ukraine, which it duly did just before the referendum on accession to the Russian Federation on 16 March. As an independent sovereign state, Crimea was then able, two days later, to sign its own accession treaty with Moscow without any reference to Ukraine.
 
That the West still called all of this illegal did nothing to diminish Putin’s solicitude for the law. On the contrary, as Engleman notes, he immediately sent the treaty to the Constitutional Court for judicial approval and to the Duma’s upper and lower houses for ratification by the legislature. Both bodies enthusiastically endorsed it.
 
And Engleman is surely right in suspecting that this annexation will be but the first of many: the same legal script could be followed in Abkhazia, South Ossetia and Transnistria which are all already ‘sovereign states’ in theory but Russian territories in practice.
 
If I object to anything in Engleman’s analysis, however, it’s her idea that Putin’s new-found preoccupation with the law is just a charade, a feigned ‘legalism’ designed to win domestic support for the annexation and mollify the West.
 
She writes, for example, that this is all ‘part of a broader trend of sham legalism that was a hallmark of Soviet despotism and remains firmly entrenched in the Kremlin today.’ For confirmation she cites Maria Lipman, chair of the Carnegie Moscow Center's Society and Regions Program:  ‘Putin has this obsession with the letter of the law, with no regard to the spirit.’
 
To me, there are two problems with this view. The first is that it’s not Putin’s punctilious observance of the legal niceties that explains the popularity among ordinary Russians of his activities in Crimea citizens—national feeling seems to have sufficed. As for the West, the Kremlin must have noticed that it’s beyond mollification on this one.
 
There’s a problem with the notion that Russia is just reverting to type. The Soviet Union never tolerated referenda of the kind Putin relied on in Crimea. Neither did it remotely tolerate anything like the cycle of elections that have become the norm in post-Soviet Russia. And no tsar ever made the duma as essential a partner in power as Putin has done—and certainly not Nicholas II whose 1905 Manifesto brought the first Russian parliament into existence.
 
Rather, the assumption that Putin’s legalism is purely a charade is wrong—a failure to understand what’s really going on in Russia that has come about through the constant imposition of Western analytical categories on Russian history and experience.
 
I have compared Putin to the eighteenth-century empress Catherine the Great before. Apart from extending Russia’s frontiers deep into Poland and down along the shores of the Black Sea, Catherine is also remembered for her legal reforms. An autocrat, certainly, Catherine none the less conceived of her powers in terms that perhaps throw some light on the way Putin understands the origins and purpose of his own.
 
Consider, for example, how Russia-expert Geoffrey Hosking describes Catherine’s ‘vision of the rule of law’:
 
She believed that law is a means by which the state mobilizes the resources of society to augment its own strength and wealth and to provide for the welfare of the population. It was not in her eyes an impersonal force mediating between autonomous and sometimes competing social institutions, but rather an instrument through which the monarch exercise authority and puts moral precepts into effect.
 
Hosking then quotes the empress herself. According to Catherine, ‘In a State, that is, in a Collection of People living in Society where Laws are established, Liberty can consist only in the Ability of doing what everyone ought to desire, and in not being force to do what should not be desired.’
 
This seems a decent description of Putin’s own inclinations, where recent laws outlawing the promotion of homosexual activity or stricter bans on the use of ‘offensive language’ in print or online are presented as protecting the wider Russian community from harm.
 
Perhaps, like Catherine, Putin sees such laws as helping Russians to do what they ‘ought’ to desire and, in that sense, as liberty-promoting—a notion outrageous to us but which, as Hosking points out, nevertheless has its roots in the European Enlightenment. 
 
Episodes like last month’s Crimea treaty-signing remind us that, like Catherine, Putin also seems to believe it important to have, as Hosking puts it, ‘the law validated by representatives of her peoples.’
 
This might also describe the Duma’s role in Putin’s Russia.
 
We see a rubber stamp. From the point of view of the Russian legal tradition embodied in Catherine’s reforms, however, the Duma might be said to play an essential role in the ritual of power, giving visible expression to the covenant between ruler and people whose object is not the promotion of the rights of individuals or the relative welfare of competing social groups but the health and prosperity of the nation as a whole.
 
This isn’t a pantomime emptily aping reality; it’s a ceremony designed to imbue it with significance. Ask a Catholic priest about the difference.
 
Where does this leave us?
 
Let’s go back to the Kremlin. Dressed in a slim black suit and flanked by the double-headed eagle of the presidential insignia, Putin came across as a kind law-giving basileus serenely restoring order to his kingdom with a flourish of his pen and his own unassailable strength of will. All in all, we’re a long way from the bare-chested, tiger-hunting strong-man we’ve come to expect.
 
I think this is a sign of things to come. Expect more law-making from Putin’s Kremlin—but don’t necessarily expect Russia to become more liberal as a result. And to understand what it all means, do expect to turn to Russian, rather than Western, historical experience.
 
Russia isn’t the West. It’s Russia.
 





[1] Englehart’s article is here: (http://www.foreignpolicy.com/articles/2014/03/24/putin_legalism_crimea_annexation)