On November 14, 2016, the International Criminal Court issued a preliminary finding endorsing Ukraine’s claims that Russia had committed acts of aggression against its territory, citizens and infrastructure. Ukrainians, who for more than two years have called on the international community to condemn and punish Russian aggression, were heartened by the finding. Russia canceled its membership in the court. Whatever legal, political or diplomatic weight the court’s finding may carry, it nonetheless cannot change the reality of Russia’s de facto control over Crimea or the seemingly intractable conflict in Ukraine’s Donbass region.
There simply is no “higher power” in international law or geopolitics that can rescue Ukraine from its predicament. Thus, the future stability and prosperity of Donbass, Ukraine and Europe still rests with the difficult task of managing and resolving the conflict through negotiations among the key actors involved—which is why Washington must pay attention. The United States has a vital interest in the restoration of Ukraine’s sovereignty and the resolution of its conflict with Russia, a key to deescalating growing tension across the wider European and Euro-Atlantic space. What follows is a closer examination of the conditions and steps necessary for Washington to promote more effective management—and potential resolution—of the Ukraine-Russia conflict.
State of the Conflict
More than two years since the Russian takeover of Crimea and the subsequent outbreak of fighting in Donbass, the conflict in Ukraine’s east has settled into a largely recognizable pattern: a new and very large “frozen conflict” in the post-Soviet space. The situation on the ground in Donbass is increasingly reminiscent of that in Moldova, Georgia and Armenia/Azerbaijan, where intense fighting at the time of the Soviet Union’s collapse was halted by de facto cease-fires, but no effective long-term conflict-settlement mechanism was found. As a result, in all three of these so-called “frozen” conflicts, relatively low-level hostilities persist between two heavily armed camps, even as international monitors and negotiators discuss the intricacies of conflict management in a seemingly endless loop—just as is now increasingly the case in Eastern Ukraine.
In Donbass itself, the local civilian population and economy have been badly depleted. As is often the case in armed conflicts, many of the best educated and most capable citizens have departed the region altogether —some going to Russia, others to Ukraine and Europe—leaving behind an increasingly vulnerable, elderly population, with little means of restoring basic economic life, let alone rebuilding the region’s destroyed infrastructure. Providing for social welfare and restoring conditions for economic growth should be the responsibility of local authorities, ideally in partnership with international experts and donors. However, the failure so far to broker internationally recognized elections has meant that much of the world perceives the de facto Donbass authorities as little more than warlords and criminals. The region’s current economic limbo, in between Russia and Ukraine, also empowers black marketeers and blockade runners, who can make enormous profits trafficking in everything from cigarettes and medicine to weapons.
Since the fall of 2014, the only formal framework for managing and resolving the Donbass conflict has been the Minsk Agreements, brokered between the Ukrainians and Russian-backed separatists, with Russia, Germany and France as guarantors. The United States has played a de facto guarantor role, but has remained outside the so-called Normandy format. The Agreements were revised and updated through a second round (“Minsk II”) following the outbreak of heavy fighting in February 2015. Since that time, the conflict has settled into a low-intensity war of attrition, with near-constant violations of the cease-fire provisions. The OSCE’s Ukraine Special Monitoring Mission, in place since the summer of 2014, has confirmed many of these violations , and its ongoing presence and real-time response capability is thought to help prevent further escalation of hostilities.
The heads of state of Russia, Ukraine, Germany and France met in the Normandy format in Berlin in October 2016, instructing their negotiators to work toward a “road map” for implementation of Minsk II. Since that time, domestic political developments on all sides may have substantially altered the incentives for pursuing concrete progress. Russia is under intense pressure from an economy that contracted almost 4 percent in 2015, plus double-digit inflation, which has left the average Russian household about 15 percent poorer over the past year. Western financial sanctions, coupled with Russia’s own counter-sanctions regime, have severely constrained investment and consumer spending, deepening a recession brought on by structural weaknesses and persistent low global energy and commodity prices.
Yet Moscow has shown no signs of compromising on the West’s terms, perhaps in part because it perceives political developments in Europe and the United States to be breaking in its favor. The result of the UK’s “Brexit” referendum, elections in Poland and continuing developments in Hungary have all underscored a deepening anti-EU trend in European politics, while elections in Bulgaria, Estonia and Moldova have brought leaders to power who advocate more conciliatory approaches toward Russia. In France, where presidential elections are scheduled for April 2017, both center-right and far-right candidates have spoken favorably about improving ties with Russia. Although leading voices from both parties in the United States remain hawkish on Russia and supportive of continuing the coordinated Western sanctions regime, President Donald Trump spoke about restoring productive U.S.-Russia relations on the campaign trail, and has already held an initial short discussion with Vladimir Putin to that end.