Ukraine: the corrosive effect of hypocrisy?

Much western commentary about the Ukraine crisis has asserted that Russian intervention in Crimea has undermined the post-Cold War order based on the inviolability of borders and respect for the rules-based international system developed after the world wars of the last century and founded on respect for the United Nations’ Charter and other international agreements.

But if this order is being undermined, critics would argue the rot set in some years ago and the hypocrisy of both the western powers and Russia, which has been on full display in recent days, has played a role in its decline.

Since the occupation of Crimea by thinly disguised Russian forces began, the American Secretary of State, John Kerry, has declared publicly on several occasions that in the 21st century countries should not invade others for trumped up reasons and dictate what should happen from the barrel of a gun. In late 2002, John Kerry was a senior United States’ Senator and he voted for the invasion of Iraq, which after the failure to find any chemical, biological or nuclear weapons, was justified post-facto by the US administration as a war to bring democracy to the country.

In another critique of Russia’s actions, President Obama, echoing comments by leading European Union politicians, said countries should not be dismembered over the heads of their elected leaders. Yet, in 2008, in a choreographed sequence of events, the US, Germany, Britain, France and Italy first encouraged Kosovo to unilaterally secede from a Serbia, which had been democratic since the overthrow of Slobodan Milosevic in 2000, and then recognised its independence. Of course, the context is different from what is happening in Ukraine today, but the principles of the inviolability of borders in Europe agreed between the West and the old Soviet Union at Helsinki in 1975, part of the rules based international order, was breached.

Russia refused to recognise Kosovo’s independence. At the time, Moscow  argued it was a violation of Serbia’s territorial integrity, which it clearly was, and that other states should not recognise a secession that was not mutually agreed – as for example the split between the Slovaks and Czechs in 1993 had been. The Russians also argued it would open Pandora’s Box by setting a precedent that other separatists would follow. The western countries that recognised Kosovo – and not all did – argued Kosovo was unique, sui generis.

Since then, Russia has changed its tune and ensured the precedent it warned of then was followed – by Moscow.

Crimea is internationally recognised as part of Ukraine and Russia specifically guaranteed Ukraine’s territorial integrity in the 1994 Budapest Memorandum, but Foreign Minister Lavrov is now indicating that if Crimea wants to secede from Ukraine and even become part of Russia that is fine,  showing Moscow’s commitment to its publicly stated principles can be as elastic as that of its western critics.

Russia had already shown its less than firm commitment to the principle it stood by over Kosovo when it recognised the declarations of independence by South Ossetia and Abkhazia from Georgia, after the short military conflict between Tbilisi and Moscow which broke out when Georgia took military action against separatist Ossetians in August 2008.

Some commentators shrug this off. They say what do you expect? Might is right and  ‘twas ever thus with the way great powers behave.

But if the world’s leading states, some of which have permanent seats on the UN Security Council, which is the body meant to ensure global peace and stability, come to be widely perceived as cynically using and discarding the principles of a rules-based international system when it suits them, then that system, which is intended to protect both the strong and the weak, will be eroded further, and that is not in anybody’s interest in an increasingly contested and unstable world.

It may be that Russia would have intervened in Ukraine anyway given what it sees as its key national interest there, but the shifting standards of those western powers opposing its actions means diplomatic efforts to contain the crisis have been made more difficult and the case against Moscow in the court of global public opinion weakened.

 

A Balkan success for EU soft power?

Serbian leaders will make another attempt this week to convince Serbs in northern Kosovo to accept last month’s deal between Belgrade and Pristina to normalise relations between Serbia and its former province.

The April 19th agreement was  hailed in the much of the western media as a great success for the EU’s soft power and its oft-criticised Foreign Policy chief, Catherine Ashton. Veteran Balkan watchers, like Misha Glenny and Tim Judah have both penned pieces lauding the potentially historic deal that took several rounds of tortuous negotiations mediated by Baroness Ashton.

The EU can be forgiven for celebrating a rare success given the unremitting gloom that has enveloped the European project as it struggles to find a way out of economic slump and the financial crisis threatening the Euro.

Furthermore, the agreement is certainly the closest the region has come to a comprehensive settlement of the Kosovo dispute since the violent break-up of Yugoslavia ended with NATO expelling Serbian security  forces from the province in 1999, and it was reached through talks hosted in Brussels, not decided on the battlefield. But was it really a victory for soft power?

True, most Serbian politicians see positive reasons for their country to join the EU. To them it represents a route to prosperity, modernisation and the restoration of the country’s reputation, blackened as it was by the repression and violence that marked the rule of its former leader, Slobodan Milosevic.  So the hope in Belgrade is that the deal will clear the way for Brussels to name a date for the start of full membership talks early next month.

Catherine Ashton and her team appear to have displayed diplomatic skill, tenacity and a good deal of imagination in crafting mutually acceptable wording to the fifteen point agreement .

But it was not skilful diplomacy that persuaded Belgrade to retreat so far from the deal it would have wanted. Before Kosovo unilaterally declared independence five years ago, there was another round of talks between the two sides led by the UN mediator, Martti Ahtisaari. Belgrade rejected the deal on offer then because Mr Ahtisaari never made any attempt to persuade the Kosovo Albanians to remain part of Serbia, instead offering a plan that would give Serbs in an independent Kosovo considerable autonomy with some links with Serbia.  The deal Belgrade has now accepted may not be called the Ahtisaari Plan. but it looks very much like it.

The key to getting Serbia to give so much ground – literally – is the German stick behind the Brussels  diplomats. Berlin has taken an increasingly hard line with Belgrade over the past few years and made it clear to Serbia there would be no EU membership talks if it didn’t normalise relations with Kosovo. Also, it is not lost on Belgrade that there are still more than five thousand NATO-led troops in Kosovo and the German contingent is by the far the largest. Ostensibly, they are there to keep the peace and their presence ensures Serbia hasn’t been able to resort to force to prevent Kosovo’s secession, even if it had had the will to do so. But in 2011 and 2012, these troops were deployed to try to face down resistance by Serbs in north Kosovo to an ultimately failed attempt by Pristina to unilaterally impose its rule there – an action that sent a clear message to Belgrade.

This looks more like the exercise of smart, than purely soft, power; something that may surprise many observers of EU foreign policy. But, as the two sides prepare to start discussing implementation, it is by no means certain the deal will stick.

For starters, it is only an outline and there will be plenty of potential pratfalls when working out the details – as the wrangling over interpreting and implementing a previous limited agreement on joint administration of customs and disputes over details as apparently mundane as car number plates, shows.

Then there are the conflicting meanings the two sides attach to the deal. For Pristina it represents de facto – if not de jure – recognition of its independence by Belgrade, but Belgrade insists it is no such thing, preferring to characterise it as a practical agreement to ensure the interests of Serbs living in Kosovo.

But most importantly, there is the attitude of the Serb majority who live in northern Kosovo. Even during the period of UN rule in Kosovo  from 1999-2008, Pristina’s writ never ran in northern Mitrovica and the three municipalities abutting central Serbia, and there is no sign that is about to change. Since the deal was signed, local Serb leaders who, crucially, were not involved in the talks have refused to accept the agreement, and there have been large protests suggesting most of the Serb population back them and are not reconciled to accepting having to live in an independent Kosovo.

Even if Belgrade withdraws its financial and political support from the Serbs in the north, they may take a leaf out of their opponent’s playbook by boycotting Kosovo’s institutions and looking after their own education and health needs, much as the Albanians did under Milosevic in the 1990s.

None of this is to say that the deal won’t eventually take root and the western Balkans will find the long-term stability it has lacked since the Ottoman Empire went into decline two centuries ago. But, as even Francis Fukuyama now acknowledges, history doesn’t end, and there is no guarantee that this deal marks the final resolution of the struggle between Serbs and Albanians for control of Kosovo.

For now, Kosovo’s Albanians have got their independence and are set to extend their control over all the territory claimed by Pristina, not because they are more powerful than their Serbian rivals, but because they have the support of the United States and the EU’s most influential states; while Serbia’s refusal to recognise Pristina’s UDI has support from Russia and other BRICS.

And, as the global power balance shifts over time, there is no guarantee the new status quo is immutable.

Kosovo re-assessed?

I’ve written on the BBC Editors site about whether the Kosovo intervention is being reassessed in the light of allegations against Prime Minister Thaci

Kosovo has been back on the front pages in recent weeks with lurid allegations against its Prime Minister and dominant politician, Hashim Thaci, accusing him of involvement in organised crime and even harvesting human organs for sale for profit.  Mr Thaci has denied the allegations. 

Mr Thaci has also been in the news as his party was accused of vote rigging in last month’s parliamentary elections which were the first organised by the Kosovo government. This week, the vote had to be rerun in some of Mr Thaci’s strongholds and a new government should be formed in the next few weeks. 

Why is this interesting to people who don’t follow affairs in south east Europe closely? Read More