Biden must decide what ‘victory’ in Ukraine means — and if he’ll do what it takes to win it

May 05, 2022

This article appeared in The New York Post on May 5th 2022. Click here to view the original article.

President Joe Biden’s responses to Russia’s attack on Ukraine comprise a series of failures.

First, he failed to deter the invasion itself, the devastating consequences of which are unfolding daily. Second, US intelligence grossly overestimated Russia’s military competence, briefing Congress that Kyiv would fall in days and the whole country in weeks.

Third, US and allied assistance has repeatedly been behind the curve, with Ukraine saved primarily by its own soldiers’ grit and Russian military ineptitude.

Congress is nearing approval of $40 billion in new aid. Many now talk not merely of “saving” Ukraine but of “victory.” Of course, it would be helpful to know what we mean by that.

Without defining our objectives (and Ukraine’s) more precisely, we will remain in today’s semi-coherent muddle, even as we enter what Ukraine’s defense minister calls a “new, long phase of the war.”

Moscow’s unprovoked aggression launched a war primarily about territory. President Vladimir Putin and many Russians believe Ukraine and other Soviet territories were illegitimately sundered from the rodina, Mother Russia, and they want them back. Ukrainians, with equal passion and far more justification, want full sovereignty and territorial integrity, as mutually agreed among all Soviet republics when the USSR dissolved on Dec. 31, 1991.

Defining “victory” is becoming more urgent. Last week, Defense Secretary Lloyd Austin asked Russian Defense Minister Sergei Shoigu to consider an immediate cease-fire, which Moscow undoubtedly saw as a sign of weakness. At a minimum, before negotiations start, we should know what we are negotiating for, which at the moment we do not.

Importantly, defining “victory,” or at least agreeing upon a common set of Ukrainian-NATO goals, is where allied unity is most likely to fracture irreparably.

Putin knows this for a certainty. The veneer of alliance unity, incessantly touted by the Biden administration and its media scriveners, already conceals enormous differences in the strategy and implementation of both economic sanctions and military assistance.

While acceptably resolving the conflict requires settling many contentious issues — Russian reparations and accountability and Russia’s post-conflict relations with the West to name a few — the major dispute is over territory and sovereignty. We can predict, as can Putin, that many of our “allies” will perform poorly during the negotiations. Ukraine’s president, Volodymyr Zelensky, himself revealed that French President Emmanuel Macron pressured him last week to cede Ukrainian territory to Russia so Putin could save face. Zelensky, quite properly, refused.

The combatants’ opening positions are clear. Russia will insist on uti possidetis (roughly, “keep what you hold”), with each side maintaining control of the territories they respectively dominate on the day hostilities stop (whether by unilateral action or mutual cease-fire).

That will be the Kremlin’s position in any short-term cease-fire — and for the long term, in effect permanently. Indeed, this reality underlines why Russia will likely keep grinding away militarily, still hoping to increase the total territory seized since February 24.

Whatever the terms of any cease-fire, Ukraine will surely insist on quickly regaining sovereignty and territorial integrity over its borders as of the USSR’s dissolution, thus requiring Russia to withdraw both from areas seized since February and those taken in 2014, including Crimea. As of now, Zelensky sees no reason to accept anything less.

The United States should endorse Ukraine’s position, which is, indeed, what we have theoretically asserted since 2014. Implementing that position, however, implies that we provide weapons and intelligence assets not simply to stop Russian advances but to retake considerably more lost ground than Ukraine has achieved to date.

Yet it is far from clear that Biden believes in victory or accepts the necessary implications. He personally decided against transferring Polish MiGs to Ukraine, fearing that doing so would be “escalatory.” Ukrainian pilots, though, no longer want MiGs but American F-15s and F-16s and appropriate training. Is Biden prepared for that?

What happens in future negotiations is unknowable, but it would be a significant blow to American credibility globally to come as close as Ukraine has to defeating a superpower only to give away at the negotiating table what has been won at such a high cost on the battlefield. We do not have forever to make up our minds.

John Bolton was national security adviser to President Donald Trump, 2018-’19, and US ambassador to the United Nations, 2005-’06.

Twilight of Turkish Democracy

April 22, 2022

This article appeared in The Washington Examiner on April 22nd 2022. Click here to view the original article.

Turkish democracy has reached a turning point.

Recep Tayyip Erdogan’s two-decade strongman rule has reversed his country’s progress toward a liberal society. On April 6, the Turkish President secured the passing of new electoral laws that will make it more difficult for smaller parties to enter parliament, thereby inhibiting opposition coalitions and allowing him to use state resources to organize his own campaign events. These changes will make it harder for opponents to challenge Erdogan’s tightening grip on the Turkish electoral system.

As Erdogan prepares to run for re-election in the coming year, the importance of a vibrant and functioning Turkish civil society cannot be overstated. And it could not be more at risk.

These changes are the latest in a string of moves designed to dismantle what remains of Turkey’s once-promising democratic architecture. Erdogan’s authoritarianism has galvanized resistance in the form of an opposition coalition — the “Nation Alliance” led by the Republican People’s Party — while the dire state of the economic, social, and political situation in Turkey has catalyzed vibrant anti-government protests against inflation and for women’s rights and academic freedom.

The June 2023 elections will be a crucial test for pro-democracy voices in Turkey to rebuild their institutions. Their success will depend on their ability to bolster Turkey’s most at-risk hallmarks of free and fair elections: transparency, non-interference in voting, loser’s consent, and a free press.

They face an uphill battle. President Erdogan’s regime has curtailed media access, undermined an open campaign process (though bribery, intimidation, and violence), and is now seeking to further obfuscate the voting process through blatantly undemocratic reforms.

Erdogan’s campaign to degrade free media has made Turkey one of the world’s leading jailers of journalists, according to the Committee to Protect Journalists. The government now controls 90% of the country’s media through regulatory bodies like the High Council for Broadcasting; the Press Advertising Council, which allocates state advertising; and the Presidential Directorate for Communications, which issues press cards.

Under Erdogan, censorship laws have also been wielded as a weapon against online political discourse. A 2020 media law imposes requirements on social media platforms to remove content at the command of the Turkish government or else risk punitive fines. Facebook and Twitter have submitted to Turkish government censorship, closing another avenue for healthy political discourse among Turkish voters.

Outside of media and online discourse, civil rights activism in general has been targeted by Erdogan’s regime. Reporters Without Borders has said that “questioning authorities and the privileged is now almost impossible” under Erdogan. Opposition parties are also increasingly persecuted by the regime, making effective political resistance increasingly difficult. In 2021, the state Prosecutor argued that the pro-Kurdish HDP party was working toward breaking the “unity of the state.” The Constitutional Court forced the closure of the party and banned 451 elected officials. These most recent reforms take further aim at the opposition, legalizing the use of state resources when the President is campaigning for himself while other ministers will be barred from doing the same.

In prior elections, Erodgan’s government has conducted systematic campaigns of intimidation. In Ankara, a local election was marred by claims of vote-rigging. Kurdish communities in particular face acts of intimidation and voter suppression. The government militarizes voting centers in the Kurdish region, claiming the security forces must “protect” against the threat of attacks by Kurdish terrorists. The People’s Democratic Party reported that political activities were banned from organizing in the streets. Under threat of intimidation by the state, Kurds are stripped of their right to vote freely.

In 2019, in what may prove a premonition of the 2023 elections, Erdogan showed that he is willing to directly interfere with democratic processes to try to cling to power.

He commanded that the Higher Electoral Commission rerun the Istanbul mayoral election after his party lost in spite of systematic irregularities that had actually worked in its favor. Despite his best efforts to intervene, his party also lost the re-run. The subsequent blowback shows it is not a foregone conclusion that Erdogan can get away with electoral interference in 2023.

The global pandemic and war in Ukraine have precipitated economic volatility and internal political turmoil. However, the free world cannot lose sight of the importance of Turkey’s upcoming elections, which will be watched by many of the world’s autocrats in waiting, keen to find out what they can get away with. Erdogan has systematically undermined every one of Turkey’s major democratic institutions to create a deeply skewed playing field. Holding his regime to account requires coordinated action from the international community, illumination of his thuggish tactics to suppress political minorities, and real consequences should he fail to make meaningful progress to restore civil discourse within Turkey.

Progress here means releasing imprisoned journalists to restore some semblance of a free press, allowing NGOs to effectively monitor the upcoming election, and cessation of hostilities against and censorship of opposing political voices. The international community should wield sanction power (as it has against Russia), turn-off foreign military sales, and level severe consequences should Erdogan fail to achieve these objectives.

John Bolton is a former UN ambassador and White House National Security Adviser. He serves as an advisor for the Turkish Democracy Project.

European leaders obsessed with continental integration are undermining NATO

April 18, 2022

This article appeared in The Telegraph on April 18th, 2022. Click here to view the original article.

Commentary on Nato “unity” against Russia’s invasion of Ukraine has been misplaced. Nato is not unified in seeking Moscow’s defeat, and Kyiv’s memory of the execrable Minsk agreements, imposed with French and German participation, remains strong. Ukraine stays in the fight largely through its own determination and homegrown capabilities such as the missiles that sent the Moskva to the Black Sea floor.

The alliance’s performance on sanctions is scattershot, with results mixed so far and the future uncertain. Military assistance is uneven, though the UK and Eastern European responses have been outstanding. The biggest failure is Joe Biden’s uneven political leadership: weak, often late in coming, grudging and strategically incoherent. Germany, France and others are lagging.

This war is not over, and the negotiations that will ultimately ensue will be tortuous. It is no time for Nato members to pat themselves on the back. Nonetheless, now is precisely the moment for policymakers to consider the alliance’s future. We should not forget that Henry Kissinger’s classic 1965 study was called The Troubled Partnership; it still is, and will be, though for radically differing reasons.

First, the good news. Finland and Sweden seem poised to apply for membership. Public opinion in both countries has shifted dramatically in favour of joining Nato since Moscow’s aggression. These additions would strengthen Western dominance in the Baltic Sea, further isolate Russia’s Kaliningrad exclave, and eliminate an ambiguous grey zone between Nato’s eastern and Russia’s western borders. Other “neutrals” might now also step up. Here’s looking at you, Ireland.

On the negative side are Turkey and France. Turkey’s President Erdoğan is now the least-allied of Nato allies. Notwithstanding Kyiv’s effective use of Turkish-supplied drones, Ankara’s acquisition of Russian S-400 air-defence systems risked compromising the critical F-35 program, thereby endangering other Nato allies.

If Turkey’s 2023 elections are free and fair, Erdoğan’s defeat, which is entirely possible, would significantly repair the damage he has done. If he wins, his neo-Ottoman Middle East ambitions (and other troublesome behaviour) will remain threatening.

France, facing a potentially close presidential run-off, is problematic, especially given Emmanuel Macron’s persistent efforts to enhance the European Union’s military capabilities in ways that undercut Nato. Marine Le Pen has gone further, calling explicitly for a second French withdrawal from Nato’s integrated military command. None of this is constructive.

Most important is the German question. Chancellor Olaf Scholz’s pledge to invest €100 billion in defence, including purchasing 35 nuclear-capable F-35s, is helpful. Nonetheless, much more is needed to upgrade Germany’s pitifully inadequate military capabilities, and to ensure Scholz’s dramatic commitment is sustained over time. Will Germany revert to its Cold War resolve to maintain adequate national defences, or will it relapse into pretending it is too dangerous to be trusted with guns?

Central to Nato’s future is the appropriate division of labour with the EU. For Macron and others, increased EU political integration is the highest goal, leading them to advocate increased EU military capabilities and related programs that impinge on Nato responsibilities. For example, the EU made its first ever budgetary expenditure for military assistance to Ukraine, even as Nato was making precisely the same allocation decisions. This was no coincidence.

Do these integration-obsessed leaders believe the EU has no other problems worthy of their attention? Is this why they focus on expanding EU mission creep into Nato territory? For America, such efforts are daggers pointed at Nato’s heart. If anyone truly believes the EU treaty’s mutual defence clause is equivalent to Nato’s Article 5 – good luck to them. Let’s remember, the EU has only one nuclear-weapons state, whereas Nato has three. Insistence that Europe be responsible for its defence risks undercutting American support for Nato, leaving Europe protected primarily by politicians’ rhetoric.

Better leadership in Washington, new alliance members, renewed German (and even, post-election, Turkish) Nato commitments, and a substantially enhanced British role, exemplified by its current performance, would all be major pluses. Moreover, the growing threat from China should brace every Nato country for global threats to their security. History still has plenty in store for Nato if it can vindicate itself by performing successfully in today’s Ukraine crisis.

John Bolton is a former US national security adviser

Let Ukraine or Russia, Not the ICC, Prosecute War Crimes

April 14, 2022

This article appeared in The Wall Street Journal on April 14th 2022. Click here to view the original article.

Harrowing images of slain Ukrainian civilians add to the evidence of Russian war crimes. While many Europeans favor hauling the perpetrators into the International Criminal Court, Washington has largely ignored the ICC since removing its signature from its foundational Rome Statute in 2002.

That may be changing. The Biden administration has made noises about cooperating with the ICC, and on March 3 a bipartisan group of senators introduced a resolution that “encourages member states to petition the ICC and the ICJ [International Court of Justice] to authorize any and all pending investigations into war crimes and crimes against humanity” committed by Russia.

Many Americans seem unaware that aiding the ICC has significant implications. The ICC is a fundamentally illegitimate assertion of power, thoroughly lawless in purportedly exercising jurisdiction over countries (and their individual citizens) not parties to the statute. The court and its prosecutor, who decides what cases to launch, aren’t part of any coherent governance structure and are under no restraining constitutional checks and balances or democratic controls. These and many other defects are unfixable, as I told Congress in 1998. ICC proponents say its 123 state parties govern the court, but this is laughable. The ICC governs itself. The prosecutor is selected by the court, which may not trouble Europeans but contravenes America’s separation of executive and judicial powers to protect liberty. It lacks jury trials, traditionally important to Americans.

The ICC’s existence, therefore, is potentially threatening. Fortunately, its record is negligible, largely because its pretensions to authority mirror those of the equally impotent ICJ. That neither has yet become dangerous to America’s democratic, constitutional sovereignty is cause for relief, not complacency.

European Union members seem fine with surrendering their sovereign powers to supranational bodies and appear ever ready to surrender ours as well. What they and others do is their business, but it shouldn’t be ours. The imperative some Americans now feel to “do something” risks putting the U.S. in the hypocritical position of invoking the ICC when it suits us, but not otherwise. We should continue ignoring the ICC because of its fundamental flaws from America’s perspective, and instead support sounder alternatives.

Ukraine provides an excellent test case. The crimes were committed there; the overwhelming mass of evidence is there; and Ukraine remains a viable state whose prosecutors have already begun their work. ICC supporters, for their own ideological reasons, say Ukrainian courts are biased and unable to administer evenhanded justice. Even some Ukrainians favor washing their hands of this burden. Nations don’t mature politically, however, by ducking responsibility, fearing they might be imperfect. Neither America nor Ukraine should succumb to these temptations. When national courts afford equal justice to all, they validate constitutional, democratic legitimacy and sovereignty. If colonial courts in 1770 could conduct fair trials of the Boston Massacre’s perpetrators, represented by John Adams no less, why should we assume today’s Ukrainian courts can’t also measure up?

ICC supporters say Ukrainian courts can render only mundane judgments, whereas Russian defendants should be charged with “war crimes” and “crimes against humanity”—offenses within the ICC’s jurisdiction. “Mundane” crimes like murder, rape, torture, arson and destruction of property are insufficiently condemnatory of Russia’s behavior, they say. This is a fundamentally political argument, revealing precisely why the ICC is in key respects a political and not a judicial body, devoid of effective constitutional or democratic control. Clear-eyed people world-wide can see and understand what Ukrainian courts will reveal. We need no schooling by Platonic Guardians in The Hague.

Even better would be a new Russia conducting criminal prosecutions. Vladimir Putin’s rule won’t last forever. How countries handle war crimes and human-rights abuses committed in their names is the truest test of, and the best way to achieve, real political maturity. Allowing a successor regime to shrug off moral responsibility for reckoning with the nation’s past is erroneous. Ceding authority to a distant international body is cowardice, not enhanced maturity.

Certainly, risk of mistake and failure is ever present, but without taking that risk, there is no easy national path back to trustworthiness and honor. Even worse, shirking enables future autocrats to assert that Russia was sold out by traitors and foreigners. Read “Mein Kampf” for the road map.

Especially if very few defendants come into Ukrainian custody, a new Russian government would have considerable work to do. Post-1989 regime change across the former Soviet bloc required successor authorities to confront their nations’ unsavory pasts. Some, such as former East Germany and Hungary, responded with prosecutions; others, such as Czechoslovakia, with procedures similar to the truth-and-reconciliation model South Africa followed after apartheid, or a mixture of approaches. The victors in 1945 began Germany’s de-Nazification, but elected German governments continued it.

Choosing the right judicial decision-maker isn’t an arcane jurisdictional issue, nor is it deferrable to the vague future. American leadership can significantly enhance Ukraine’s principled national sovereignty and remind Russians that their ultimate place in history is in their hands, not in a distant international court.

Mr. Bolton is author of “The Room Where It Happened: A White House Memoir.” He served as the president’s national security adviser, 2018-19, and ambassador to the United Nations, 2005-06.

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