In the 2022 negotiations, the agreed issues were Ukraine’s permanent neutrality and international security guarantees for Ukraine. The final disposition of the contested territories was to be decided over time, based on negotiations between the parties, during which both sides committed to refrain from using force to change boundaries. Given the current realities, Ukraine will cede Crimea and parts of southern and eastern Ukraine, reflecting the battlefield outcomes of the past three years.
Such an agreement can be signed almost immediately and in fact is likely to be signed in the coming months. As the U.S. is no longer going to underwrite the war, in which Ukraine would suffer yet more casualties, destruction, and loss of territory, Zelensky is recognizing that it’s time to negotiate. In his address to Congress, President Donald Trump quoted Zelensky as saying “Ukraine is ready to come to the negotiating table as soon as possible to bring lasting peace closer.”
The pending issues in April 2022 involved the specifics of security guarantees for Ukraine and the revised boundaries of Ukraine and Russia. The main issue regarding the guarantees involved the role of Russia as a co-guarantor of the agreement. Ukraine insisted that the Western co-guarantors should be able to act with or without Russia’s assent, so as not to give Russia a veto over the Ukraine’s security. Russia sought to avoid a situation where Ukraine and its Western co-guarantors would manipulate the agreement to justify renewed force against Russia. Both sides have a point.
The best resolution, in my view, is to put the security guarantees under the authority of the UN Security Council. This means that the U.S., China, Russia, U.K., and France would all be co-guarantors, together with the rest of the UN Security Council. This would subject the security guarantees to global scrutiny. Yes, Russia could veto a subsequent UN Security Council resolution regarding Ukraine, but it would then face China’s opprobrium and the world’s if Russia were to act arbitrarily in defiance of the will of the rest of the UN.
Regarding the final disposition of borders, some background is very important. Before the violent overthrow of Ukrainian President Viktor Yanukovych in February 2014, Russia did not make any territorial demands vis-à-vis Ukraine. Yanukovych favored neutrality for Ukraine, opposed NATO membership, and peacefully negotiated with Russia a 20-year lease for Russia’s naval base in Sevastopol, Crimea, home of Russia’s Black Sea Fleet since 1783. After Yanukovych was toppled and replaced by a U.S.-backed, pro-NATO government, Russia moved quickly to retake Crimea, to prevent the naval base from falling into NATO hands. During 2014 to 2021, Russia did not push for annexing any other Ukrainian territory. Russia called for the political autonomy of the ethnic Russian regions of eastern Ukraine (Donetsk and Luhansk) that broke away from Kyiv immediately after Yanukovych was toppled.
The Minsk II agreement was to implement autonomy. The Minsk framework was inspired in part by the autonomy of the ethnic Germany region of South Tyrol in Italy. German Chancellor Angela Merkel knew the South Tyrol experience and viewed it as a precedent for similar autonomy in the Donbas. Unfortunately, Ukraine strongly resisted autonomy for the Donbas, and the U.S. backed Ukraine in rejecting autonomy. Germany and France, which ostensibly were guarantors of Minsk II, stood by silently as the agreement was thrown aside by Ukraine and the United States.
Following six years in which Minsk II was not implemented, during which the U.S.-armed Ukrainian military continued to shell the Donbas in an attempt to subdue and recover the breakaway provinces, Russia recognized Donetsk and Luhansk as independent states on February 21, 2022. The status of Donetsk and Luhansk in the Istanbul process was still to be finalized. Perhaps a return to Minsk II and its actual implementation by Ukraine (recognizing the autonomy of the two regions in the Ukrainian constitution) could have been ultimately agreed. When Ukraine walked away from the negotiating table, alas, the issue was moot. A few months later, on September 30, 2022, Russia annexed the two oblasts as well as two others, Kherson and Zaporizhzhia.
The sad lesson is this. Ukraine’s loss of territory would have been averted entirely but for the violent coup that toppled Yanukovych and brought in a U.S.-backed regime intent on NATO membership. The loss of territory in eastern Ukraine could have been averted had the U.S. pushed Ukraine to implement the UN Security Council-backed Minsk II agreement. The loss of territory in eastern Ukraine could probably have been averted as late as April 2022 in the Istanbul Process, but the U.S. blocked the peace agreement. Now, after 11 years of war since the overthrow of Yanukovych, and as a result of Ukraine’s losses on the battlefield, Ukraine will cede Crimea and other territories of eastern and southern Ukraine in the coming negotiations.
Europe has other interests that it should be negotiating with Russia, notably security for the Baltic States and for European-Russian security arrangements more generally. The Baltic States feel very vulnerable to Russia, understandably so given their history, but they are also gravely and unnecessarily adding to their vulnerability by a stream of repressive measures taken against their ethnic Russian citizenry, including measures to repress the use of the Russian language and measures to cut their citizens’ ties with the Russian Orthodox Church. Baltic state leaders are also provocatively engaging in remarkable Russophobic rhetoric. Ethnic Russians are about 25% of the population of both Estonia and Latvia, and around 5% in Lithuania. Security for the Baltic States should be achieved through security-enhancing measures taken on both sides, including the respect for minority rights of the ethnic Russian populations, and by refraining from vitriolic rhetoric.
The time has arrived for diplomacy that brings collective security to Europe, Ukraine, and Russia. Europe should open direct talks with Russia and should urge Russia and Ukraine to sign a peace agreement based on the March 29 Istanbul Communique and the April 15, 2022 draft peace agreement. Peace in Ukraine should by followed by the creation of a new system of collective security for all of Europe, stretching from Britain to the Urals, and indeed beyond.