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    Learning Lessons in Ukraine and Beyond

    Russian President Vladimir Putin’s invasion of Ukraine and the international condemnation it has generated contains key lessons for policymakers. They are lessons that should have been learned in past global crises but weren’t. However, the Ukraine crisis offers an opportunity to correct that mistake.

    International Law

    A first lesson is that failure to firmly stand up to violations of international law as they occur convinces trespassers that they can get away with them. It emboldens violators to commit ever more flagrant infringements. Kicking the can down the road by failing to immediately and firmly respond to violations amounts to allowing an open wound to fester. The longer the wound festers, the more difficult, costly and risky it is to cure.

    The last 14 years of Putin’s rule are a case in point. Putin began the recreation of his Russian world in 2008 when he recognized the two Georgian breakaway republics of Abkhazia and North Ossetia. The recognition constituted the first step in Putin’s defining of Russia’s borders in civilizational rather than international legal terms.

    Ukraine’s Tug of War and the Implications for Europe

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    Putin has made no bones about the fact that he sees territories populated by Russian speakers and adherents of Russian culture as the determinants of Russia’s borders, not international law. Ever since 2008, he has demonstrated his willingness to enforce his definition of Russia’s border with military might.

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    Back then, the international community effectively looked the other way. The failure to stand up to Putin emboldened him six years later to annex Crimea, which is legally part of Ukraine, and foster insurgencies in the Ukrainian republics of Donetsk and Luhansk. The United States and Europe responded by slapping Putin’s wrists. The sanctions imposed at the time did little to stop the Russian leader from increasing his war chest or making the cost of continued pursuit of his strongman tactics too costly and risky.

    This month’s Russian invasion of Ukraine resulted from the international community’s failure to draw a line in the sand back in 2008 or at the latest in 2014. “The Russian aggression is the result of years of appeasement of Russia by many countries,” said Ukrainian Foreign Minister Dmytro Kuleba.

    Human Rights Abuse

    Russia is the most dramatic, most recent example of the cost of not responding firmly and unequivocally to infringements of international law as they occur. Other examples are numerous. They include the ethnic cleansing of the Rohingya and the subsequent military coup in Myanmar, the 2013 toppling of Egypt’s first and only democratically elected president in a takeover by the armed forces, the meek response to the brutal repression of Uyghur Muslims in China, the increasingly blatant discrimination and disenfranchisement of Muslims in India, and missed opportunities to resolve the Israeli-Palestinian conflict, to name a few.

    All of these examples, like Ukraine, contain lessons the international community asserted that it had learned from World War II. They all contain a lesson that should have been learned long before Ukraine but is undeniably evident in the Eastern European crisis: Abetting violations of human rights encourages and emboldens violations of sovereign, national, ethnic, religious, cultural and gender rights.

    Back in 1989, Genocide Watch Director Greg Stanton warned then-Rwandan President Juvenal Habyarimana that “if you don’t do something to prevent genocide in your country, there is going to be a genocide within five years.” Five years later, there was genocide in Rwanda. It is a word of warning that echoes in predictions by Indian journalist Rana Ayyub that Prime Minister Narendra Modi’s Hindu nationalist policies could lead to large-scale violence against the country’s 200-million Muslims, the world’s largest Muslim minority.

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    It is a warning that reverberates in the contrast between the reception and welcome that European states are justifiably according to refugees from Ukraine compared to the rejection of earlier waves of refugees from the Middle East, Africa and Asia. A Moroccan journalist posted a video on Twitter of students from the Arab world and Africa watching buses on the Ukrainian-Polish border pick up Ukrainians every 15 minutes but transporting people from countries beyond Europe only every four hours. The journalist, Anas Daif, reported some students have been stranded for four days on the border trying to escape the war.

    Freedom of Expression

    In a similar vein, prominent BBC journalist Lyse Doucet, reporting from Kyiv, highlighted the fact that humans in distress are humans in distress irrespective of their ethnicity or religion. In a video message, she explained that her reporting on the current crisis in Ukraine prevented her from personally accepting in the Iraqi Kurdish capital of Irbil the 2022 Shifa Gardi Award named after a journalist killed in 2017 in Iraq by a roadside bomb.

    “If anyone knows about the pain and hardship of living with war, it’s the people of Iraq, of Kurdistan. And if anyone knows what it’s like to live in a war that never seems to end, of living with powerful neighbors, and the importance of independent journalism, it is the Kurdish people,” Doucet said.

    Doucet’s message brought it all together: the linkages between failing to stand up early and firmly to flagrant violations of international law, abuse of human rights and suppression of freedom of expression. Kurds formed the bulk of thousands of desperate refugees in Belarus who were trying to cross the border into Poland just four months ago. In contrast to Ukrainians being welcomed with blankets, cots, clothing and hot meals, the Kurds were brutally beaten back as they sought to storm the borders.

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    Iraq, Syria and Turkey may have been different places if Kurdish national and/or cultural rights, which Kurds have asserted for more than a century, had been honored. Instead, the international community abetted repressive policies of both autocratic and democratic governments. Similarly, Ukraine would have been a different place if the international community had stood up to Putin from day one.

    War in Europe Is Nothing New

    It would also be a different place if Europeans had less of a sense of superiority. Many have expressed shock that “this could happen in 21st-century Europe.” Europeans would be better served to recognize that their continent is as prone to conflict as are other parts of the world.

    Ukraine is not the first such incident in Europe. It was preceded by the brutal conflicts in Chechnya, Georgia and the wars of former Yugoslavia in the 1990s that, three decades later, could erupt again. That realization may be seeping in. “War is no longer something visited upon impoverished and remote populations. It can happen to anyone,” wrote Telegraph journalist Peter Hannan.

    It’s never too late to learn lessons. The world is finally standing up to Vladimir Putin. Yet there is little indication that the broader lessons Ukraine offers are finally being learned.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    From Repeated Mistakes to an Unmistakable Message

    Our regularly updated feature Language and the News will continue in the form of separate articles rather than as a single newsfeed. Click here to read yesterday’s edition.

    We invite readers to join us by submitting their suggestions of words and expressions that deserve exploring, with or without original commentary. To submit a citation from the news and/or provide your own short commentary, send us an email.

    February 24: Unmistakable

    Our regular examination of language in the news cycle has been bringing us back to the major international story thus far of 2022. The Russia–Ukraine crisis keeps generating examples of the deliberately twisted and sometimes directly inverted semantics, a trend that will probably continue and perhaps become amplified in the coming weeks and months.

    As a general rule, when politicians claim to be “clear,” the observer can be certain that what they are clear about is at best half the story. Clarity imperceptibly fades into obscurity. It gets worse when the speaker claims that the message is “unmistakable.” Quoted by the New York Times, US President Joe Biden offered a wonderful example of such rhetoric while explaining the measures he is taking to counter Russia’s incursion into Ukraine.

    Ukraine’s Tug of War and the Implications for Europe

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    “Let me be clear: These are totally defensive moves on our part,” Biden proclaimed. “We have no intention of fighting Russia. We want to send an unmistakable message, though, that the United States, together with our allies, will defend every inch of NATO territory and abide by the commitments we made to NATO.”

    This is the standard mantra in Washington. Economic sanctions are always intended to punish civilian populations in the hope that they will revolt against their government. They should never be thought of as aggressive or offensive, not even partially. Perish the thought. Biden makes that “clear” when he claims they are “totally” defensive, like a soldier in the field raising a shield before his face to deflect an enemy’s arrow. 

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    As for the “unmistakable message,” it may simply mean that the White House has made so many mistaken guesses in recent weeks about the date of a Russian invasion, it is now necessary to inform people that the latest message, for a change, is not just one more in an endless series of mistakes.

    Biden also called Vladimir Putin’s move “the beginning of a Russian invasion of Ukraine.” For the moment, it is an aggressive incursion into contested Ukrainian territory, but it isn’t an invasion. It can only be deemed the beginning of an invasion if there actually is an invasion that follows from it. There is no question that President Putin’s initiative violates international law, but that alone doesn’t make it a military invasion.

    Biden should know something about what invasions look like. He was, after all, the key Democrat, as chairman of the Senate Foreign Relations Committee, to champion US President George W. Bush’s tragically planned and utterly unjustified invasion of Iraq in 2003, a well-documented episode Biden persistently denied during his election campaign.

    Putin’s move may be a prelude to an invasion, but preludes only become real when the event they are preparing becomes real. The real reason Biden calls it “the beginning of an invasion” is to save face in an attempt to maintain a modicum of credibility regarding his administration’s warnings in recent weeks. He may well be hoping it turns into a Russian invasion just to prove his repeated predictions were somewhat correct.

    Then there’s Biden’s promise to defend “every inch of NATO territory.” Everyone knows Ukraine is not NATO territory. So why offer such a justification? Perhaps Biden’s reason for saying this on record is that, when Republicans and the more bellicose Democrats begin castigating him for failing to support Ukraine militarily, he will be able to use Ukraine’s non-NATO status to defend his policy. At the same time, he is getting the best of both worlds. He may thus safely stand back and watch a bloody proxy war proceed, much as Barack Obama, Donald Trump and Biden have done for the past seven years with Yemen.

    Finally, Biden made the important decision to call off the proposed summit meeting with Putin. At the same time, US Secretary of State Antony Blinken canceled a planned meeting with Russian Foreign Minister Sergey Lavrov that should have taken place on February 24. “Now that we see the invasion is beginning,” Blinken explained, “and Russia has made clear its wholesale rejection of diplomacy, it does not make sense to go forward with that meeting at this time.” 

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    That statement on Blinken’s part is literally a “wholesale rejection.” He even used the expression “pretense of diplomacy,” disparaging the very idea of trying to solve the problem rather than let it get worse. Lavrov had made no attempt to scotch the meeting. In its coverage, Reuters added that “Blinken said he was still committed to diplomacy.” Except, apparently, when he’s committed to preventing it from happening. In former times, diplomacy consisted of getting a conversation going whenever a serious problem arose. It certainly did not consist of explaining why there was no need for a dialogue.

    In the light of this new style of diplomacy, historians may now find it an interesting counterfactual exercise to wonder what might have happened during the Cuban missile crisis had either John F. Kennedy or Nikita Khrushchev objected that diplomacy was a waste of time. 

    Why Monitoring Language Is Important

    Language allows people to express thoughts, theories, ideas, experiences and opinions. But even while doing so, it also serves to obscure what is essential for understanding the complex nature of reality. When people use language to hide essential meaning, it is not only because they cynically seek to prevaricate or spread misinformation. It is because they strive to tell the part or the angle of the story that correlates with their needs and interests.

    In the age of social media, many of our institutions and pundits proclaim their intent to root out “misinformation.” But often, in so doing, they are literally seeking to miss information.

    Is there a solution? It will never be perfect, but critical thinking begins by being attentive to two things: the full context of any issue we are trying to understand and the operation of language itself. In our schools, we are taught to read and write, but, unless we bring rhetoric back into the standard curriculum, we are never taught how the power of language to both convey and distort the truth functions. There is a largely unconscious but observable historical reason for that negligence. Teaching establishments and cultural authorities fear the power of linguistic critique may be used against their authority.

    Remember, Fair Observer’s Language and the News seeks to sensitize our readers to the importance of digging deeper when assimilating the wisdom of our authorities, pundits and the media that transmit their knowledge and wisdom.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Ukraine’s Tug of War and the Implications for Europe (Language and the News)

    To our readers: Our regularly updated feature Language and the News will continue in the form of separate articles rather than as a single monthly collection (click here to read previous entries).

    We invite readers to join us by submitting their suggestions of words and expressions that deserve exploring, with or without original commentary. To submit a citation from the news and/or provide your own short commentary, send us an email.

    February 23: Effective Veto

    On Monday evening in Moscow, Russian President Vladimir Putin made a long, emotional presentation of all the historical reasons for which Russia’s sense of betrayal by interests in the West justified declaring two regions of eastern Ukraine autonomous political entities, implicitly compromising the territorial integrity of an independent nation.

    Putin’s argument reflected more than a simple statement of preferences. His action, decreeing the autonomy of Donetsk and Luhansk and subsequently sending Russian troops to protect them, literally violated international law as it is understood and practiced today. It provoked immediate condemnation from all sides and a round of previously promised sanctions from the United States and Europe. It stood, nevertheless, as a sincere statement of historical fears not just of the Russian government, but also the Russian people, who have had three decades to define their appreciation of the nature of Western political and economic domination.

    When Practice Doesn’t Make Perfect in Eastern Europe (Language and the News)

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    In the aftermath of Monday’s events, Al Jazeera helpfully listed “5 things we need to know about Putin’s decision.” After briefly mentioning Russia’s demands concerning NATO, the article notes that “Western leaders have rejected those demands. They say the Kremlin cannot be allowed an effective veto on Kyiv’s foreign policy decisions and have defended NATO’s ‘open-door policy,’ which grants any European nation the right to ask to join.”

    The Western position relies on accepting a basic principle of international law as it is understood in the age of the nation-state: the notion of sovereignty. The Cambridge dictionary defines it as “ the power of a country to control its own government” and alternatively as “the power or authority to rule.” The Oxford Public International Law website, in its first paragraph, notes, with considerably more precision, that “sovereignty, ie of supreme authority within a territory, is a pivotal principle of modern international law. What counts as sovereignty depends on the nature and structure of the international legal order and vice-versa.” In other words, the concept contains a lot of ambiguity.

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    In paragraph 156 of the same article, thousands of words later, we discover that the preceding 155 paragraphs have not clarified the issue. “Difficult questions,” it concludes, “pertain to the localization of the co-originality between international standards of human rights and democracy and hence to the relationship between them when either of them or both have their sources in international law.” In other words, as any well-informed farmer in Iowa might say, it just ain’t that easy to draw any cut-and-dried conclusions.

    East Coast American jurists have, nevertheless, decided that on the question of NATO, Ukraine’s sovereignty — even after the Minsk accords, which, as Putin complains, have never been truly applied — includes the right to select the partners with which it wishes to ally. The lawyers are technically correct to note that if Russia succeeded in preventing Ukraine from joining NATO, that would be a breach of Ukrainian sovereignty. Al Jazeera describes it as giving Russia “an effective veto.” 

    The Russians see it differently. And the Americans would probably secretly agree. As a member of NATO, nations compromise their sovereignty by giving the alliance — clearly led by the US — an “effective veto” in many facets of their own security policy, even, to some extent, in their internal politics. But none of that is official. It is merely “effective.” The European nations, especially France and Germany, have discovered and begun reacting to the nature of that effective veto. There have been signs that they are beginning to champ at the bit. But in the current crisis, they have agreed to remain in line. 

    Depending on how the crisis plays out, the stirrings of a movement toward the independence of Europe’s security with regard to the US are likely to grow into a serious project. Those stirrings were first prompted by Donald Trump’s ambiguous attitude toward NATO and hostile attitude toward Europe. More recently, French President Emmanuel Macron has pushed the idea forward, specifically in response to the growing Ukraine crisis. 

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    There is no telling at this point in which direction the crisis will evolve. It could degenerate into a local struggle for power or it could implicate the political future of Ukraine and beyond. If it does spread beyond its current borders and if, as a further consequence, that aggravates an already existing energy crisis due to Europe’s dependence on Russian natural gas, the current sense of solidarity with the US accepted by many European nations will be further weakened, if not shattered.

    For the moment, US President Joe Biden may be focused more on the kind of strongman posturing deemed necessary for improving the chances of the Democratic Party in November’s midterm elections At the same time, he is certainly hoping to keep Europe in tow inside NATO. But if things get out of control, and Biden’s posturing has already aggravated that risk, the United States may in the end lose the “effective veto” it has exercised for decades over everything that happens in Europe.

    Why Monitoring Language Is Important

    Language allows people to express thoughts, theories, ideas, experiences and opinions. But even while doing so, it also serves to obscure what is essential for understanding the complex nature of reality. When people use language to hide essential meaning, it is not only because they cynically seek to prevaricate or spread misinformation. It is because they strive to tell the part or the angle of the story that correlates with their needs and interests.

    In the age of social media, many of our institutions and pundits proclaim their intent to root out “misinformation.” But often, in so doing, they are literally seeking to miss information.

    Is there a solution? It will never be perfect, but critical thinking begins by being attentive to two things: the full context of any issue we are trying to understand and the operation of language itself. In our schools, we are taught to read and write, but, unless we bring rhetoric back into the standard curriculum, we are never taught how the power of language to both convey and distort the truth functions. There is a largely unconscious but observable historical reason for that negligence. Teaching establishments and cultural authorities fear the power of linguistic critique may be used against their authority.

    Remember, Fair Observer’s Language and the News seeks to sensitize our readers to the importance of digging deeper when assimilating the wisdom of our authorities, pundits and the media that transmit their knowledge and wisdom.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    How the G7 and UN Can Make Multilateralism Sustainable

    “Progress towards an equitable world” is Germany’s goal for its G7 presidency program, which frames the G7 states as “leading industrialised countries and value-based partners” with a particular responsibility to “shape a positive future… in the spirit of sustainable economic recovery.”

    Clubs such as the G7 itself and the “climate club” envisaged by the German presidency are often able to make quicker decisions and act faster than more inclusive multilateral organizations such as the United Nations. Despite this, a speedboat, for all its pace and maneuverability, cannot cross the ocean on its own. So, too, the G7 cannot tackle any global challenges alone.

    Time for a Sober Look at the Ukraine Crisis

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    The German G7 presidency has thus announced in its program that it intends to forge close links with the UN and the G20 in particular, with the goal of achieving a “fair and rules-based multilateralism.” UN Secretary-General Antonio Guterres also underscored the importance of pioneering initiatives and partnerships within the framework of an “inclusive and networked multilateralism.”

    In his report, “Our Common Agenda,” building on the commitments in the declaration adopted by the member states on the occasion of the UN’s 75th  anniversary, Guterres develops numerous ideas for how to strengthen international cooperation. He calls for progress to be made wherever there are common interests.

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    So, is what belongs together growing together? Unfortunately not (yet), as the G7 program is rather abstract and dutiful in its references to the UN. However, the German G7 presidency has an opportunity to change this and implement shared priorities on a collective basis.

    Tether “Strong Alliances for a Sustainable Planet” to the UN

    Both the G7 and the UN are opting for pioneer projects and partnerships with non-governmental stakeholders, such as the COVAX vaccination drive and the G7 initiative for infrastructure projects in poor countries. It is positive to see the UN secretary-general not shying away from dealing with these formats and advocating for their greater use in order to implement global goals, most notably those of the 2030 Agenda for Sustainable Development and the 2015 Paris climate agreement. While many UN member states may support such partnerships, there is no agreement on this kind of multilateralism beyond mere inter-governmental relations.

    In order to achieve the greatest possible impact, it is important for the G7 that as many states as possible consider its initiatives to be beneficial and legitimate. To this end, it would be worthwhile to tether these initiatives institutionally to the UN system, which would ensure that partnerships meet human rights standards, are transparent in their design, monitored on an ongoing basis and further developed in line with the needs of the target groups.

    The UN secretary-general has proposed strengthening the existing UN Office for Partnerships, which is not currently in a position to carry out the aforementioned tasks. After the failure of earlier reform attempts, due not least to financing issues, digital solutions are now to be employed. The G7 should support the development of an effective UN hub and link its own initiatives through this hub. This could help the G7 generate acceptance and, at the same time, galvanize other partners. By subjecting partnerships to this kind of quality control, the UN could strengthen its central role in global governance.

    “Investing in a Better Future” — With the UN

    Like the German G7 presidency, the UN secretary-general places a particular focus in his report on future issues in conjunction with matters of justice. The world organization needs to become far better at avoiding shipwreck — that is the UN must respond more inclusively and justly to acute and future transnational crises. Developing greater strategic foresight, taking increased account of the interests of young people and future generations, and bringing key players together quickly in the event of the outbreak of new crises — these are the ambitious proposals for placing the UN further into the center of global problem-solving.

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    Here, too, the member states are divided when it comes to the increase in authority and knowledge for the UN that would go hand in hand with these measures. The issue of upgrading the UN is also contested within the G7 due to concerns about effectiveness and sovereignty and given the influence of states such as China and Russia.

    In view of overlapping interests with regard to major concerns for the future, the G7 should, nonetheless, insist upon pooling the existing capabilities of the UN system more effectively, while at the same time supporting the targeted development of the UN’s strategic capacities politically and financially. This can be done via voluntary contributions or, beneficially in some cases, the expansion of the regular budget. In 2021, the G7 committed in the Cornwall Consensus to make crisis management more effective and fair in the future. This year, the G7 should discuss the role of the United Nations in this.

    Currently, member states are discussing in the UN General Assembly which of the secretary-general’s proposals they intend to support, while preparation processes for the G7 summit are also underway. It is time to consider processes as one whole and bring them together for a future-proof multilateralism.

    *[This article was originally published by the German Institute for International and Security Affairs (SWP), which advises the German government and Bundestag on all questions relating to foreign and security policy.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Time for a Sober Look at the Ukraine Crisis

    Recent wars and crises show us how dangerous it can be when dishonest political elites unite with a powerful media to direct an uninformed public. It might be difficult to comprehend the combination. But unfortunately, even tragically, that’s exactly the combination that enabled wars to be launched in Vietnam, Afghanistan, Iraq, Libya, Yemen and is now being used in the case of Ukraine.

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    Remember the Gulf of Tonkin lie? It cost more than 3 million Vietnamese their lives, murdered in cold blood, using the most lethal weapons American war industry could produce and sell. An identical modus operandi was used as recently as 2003 to start the Iraq War. The lies about Saddam Hussein’s WMDs cost the lives of a million Iraqis, and counting. Last year, the US finally drew the curtain on its 20-year war in Afghanistan, at a cost of over $2.3 trillion and nearly 50,000 civilian lives. How is that possible? Because the public is ignorant and, therefore, easily fooled by decision-makers and powerful media.

    Same Playbook

    It’s the same playbook, again and again. The media refocus public attention from a country to a specific individual, presenting them as a bogeyman from whom the people are to be liberated. Now the war is not against a nation in which millions will die but against an individual. It’s easy to turn your ignorant people against one person. In Vietnam, it was Ho Chi Minh, in Afghanistan, Mullah Omar and his Taliban, and Hussein in Iraq.

    Take a look at the Ukrainian crisis: The conflict is not with Russia — it’s with Vladimir Putin. The narrative is, will Putin invade? Why is Putin amassing his — not Russia’s — army? The Russian president is the new bogeyman. And what do the nice people at NATO want? Just freedom for Ukraine to join NATO, which incidentally includes Kyiv’s right to allow NATO armies to amass on its territory, on Russia’s doorstep. How could there possibly be something wrong with that? Right? Wrong!

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    Here are some real thoughts for our domesticated friends on the other side of sobriety. It might even help free them from the confinements of their media and actually take a global, rather than a parochial, view of their problems.

    Suppose Ukraine, after joining NATO, becomes emboldened and decides to challenge Russia (or is it Putin?) in Donbas or Crimea? Both have a sizeable Russian population and, like all of Ukraine and Russia, were part of the former Soviet Union. What will NATO do? Trigger Article 5 and embark on a direct military confrontation against Russia on Ukraine’s side? Or will it unprecedentedly abandon a NATO member in war and risk breaking up the alliance, giving French President Emmanuel Macron’s description of NATO more credence?

    If war breaks out over Ukraine, as some never-seen-action, gung-ho rocking-chair warriors want, what will happen in Asia? What if China decides that the moment is right to take over Taiwan and the whole of the South China Sea? Will our Western warriors start a war with China while fighting Russia?

    In the Middle East, where Washington’s client states are on the run, will they be able to rely on American protection, which they desperately seem to need despite hundreds of billions spent on military hardware? What will happen if their regional adversaries decide to go full scale on them, creating a wider conflict across the Arab world because all hell has broken loose in Europe and the South China Sea?

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    And who is doing the actual saber-rattling? The leadership of major European countries — the front-line states — is scared, not by Russia invading Ukraine but of their own Anglo-Saxon war-mongering allies in London and Washington. The Europeans realize that these are the same people who pushed the world to disastrous wars repeatedly, killing countless millions but losing each one of these conflicts — unless, of course, the purpose of war is exclusively to kill and destroy.

    Trusting these same people with decisions of war and peace is like using the same failed mindset and same failed plan but hoping for different results. This has never worked. It will never work.

    Sitting on a Powder Keg

    These are realistic scenarios in a world sitting on a powder keg with everyone wanting to redraw geopolitical maps. Are these global ramifications even considered in the West? Does the public in the West even know or understand these global realities? The media there are busy entertaining the public with war scenarios and military hardware. No one is telling them that if the war starts; we will know where and when it started, but we won’t know where or when it will stop. Of course, we will be able to estimate how destructive it will be, assuming that it still matters.

    The path to war is littered with bravado, brinkmanship and ego. We then lose control of events, and all that is required is a spark, or a single bullet, like the one that murdered Archduke Franz Ferdinand and created an uncontrollable chain reaction leading to a war that killed 40 million people.

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    Following the fall of the Soviet Union, we drifted from a bipolar world that maintained decades of no major wars to a destructive unipolar system of unstoppable wars and invasions. With the reemergence of Russia and the rise of China, we now see a tripolar world in the making, with a number of regional superpowers such as India, Pakistan, Iran and Turkey coming into their own. There is no going back on this.

    Attempts to prevent others from rising will only result in destructive wars. The sooner our friends across the big pond recognize and learn to coexist with that new world order, the better it is for everyone. This is not to say their time is up, rather that time has come to share power, and they must accept that new reality. The alternative is disastrous. Germany tried to control the world and become its dictator. We know how that ended. Lessons learned — time for sobriety.

    And here is a thought: Taking one’s nation to the edge of the cliff requires brinkmanship. Taking a step back requires leadership. 

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    The Art of Prince Andrew’s Lawyers

    With everything that has been going on as the world seeks to weigh the chances of a nuclear war and a realignment of nations across the globe, fans of the media may have failed to tune into the real news that broke in recent weeks. Forget Ukraine, there is another drama whose suspense is building. It obviously concerns the fate of the battered Prince Andrew because of his role in the Jeffrey Epstein/Ghislaine Maxwell saga that has already produced an officially (and conveniently) declared “suicide” (Epstein’s) and a celebrity criminal trial (Maxwell’s). 

    Since a US judge has now agreed to bring Virginia Giuffre’s civil lawsuit to trial, it means that for the first time, a prince of England, a member of the royal family, will be officially put on the hot seat in an American courtroom. The rebelling colonists couldn’t get King George III to answer for his crimes, but they now appear to have a son of Elizabeth II in their grasp.

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    For weeks, the media have been running updates specifically on speculation about the legal strategy Andrew’s attorneys are likely to adopt. Though for the moment it remains mere speculation, it does have the power for attentive observers to provoke a few comic effects. The latest hypothesis has the lawyers seeking to turn the tables on Giuffre by accusing her of sex trafficking. They aren’t claiming Andrew is innocent, but they want her to appear guilty. Business Insider considers that ploy “risky” because the tactic consists of getting a witness — another of Epstein’s victims — to make that claim about Giuffre. It risks backfiring because the witness could actually contradict Andrew’s adamant claim that he never had sex with Giuffre.

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    Actually, the legal team appears already to have prepared a strategy for that eventuality. On January 26, NPR reported that Andrew’s lawyers addressed a message to the court saying, “that if any sexual activity did occur between the prince and Virginia Giuffre, it was consensual.” This may sound odd because the accused’s lawyers should know if he did or didn’t, but the law is never about knowledge, only the impression a good attorney can make on a judge or a jury.

    NPR continues its description of the lawyers’ position: “The court filing made clear that Andrew wasn’t admitting sexual contact with Giuffre. But it said if the case wasn’t dismissed, the defense wants a trial in which it would argue that her abuse claims ‘are barred by the doctrine of consent.’”

    Today’s Weekly Devil’s Dictionary definition:

    Consent:

    Agreement on something perceived as illicit between two or more people, including, in some extreme cases, a member of the British royal family and a 17-year-old American girl turned into a sex slave by the royal’s best American friend

    Contextual Note

    Since lawyers live in a world of hypotheticals, evoking the idea that “if” a judge and jury were to decide sexual contact between the two was real, it should enable the legal team to make a claim they expect the court to understand as: She was asking for it. In civil cases, all lawyers know that attack is the best defense.

    Thus, Andrew’s legal team is now being paid, not to prove the prince’s innocence, but to establish the guilt of the victim. They are seeking to create the impression that the Virginia Roberts of two decades ago was already a wolf in sheep’s clothing when she consented to consorting with a prince. And, of course, continues to be one as she seeks to profit from the civil trial today.

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    Most commentators doubt that Andrew has a case. This has permitted the media to revel in the humiliation of a man who has always been perceived as supercilious and deserving of no one’s attention apart from being the queen’s “favourite son.” That is why this has been nothing but bad news for Buckingham Palace. 

    And it looks to get worse. So stay tuned.

    Historical Note

    Legal experts tell us that what the prince’s lawyers refer to as the “doctrine of consent” is officially described as the “doctrine of informed consent.” More pertinently, the consent referred to focuses entirely on cases in the realm of medical treatment. It is all about a patient’s agreement to a medical procedure that may be risky. It defines the physician’s duty to inform the patient of all the risks associated with a recommended procedure. If consent is obtained, the physician will be clear of responsibility should any of the risks be realized.

    It may seem odd that Prince Andrew’s lawyers are appealing to a doctrine established specifically for medical practice. But while many will not think of lawyers themselves as appealing, whenever they lose a case, you can be sure that they will be appealing it. But that isn’t the only kind of appealing they do. When preparing a case, they will appeal to any random principle or odd fact that appears to serve their purpose. This should surprise no one because, just like politicians who focus on winning elections rather than governing, lawyers focus on winning cases for their clients rather than on justice.

    The sad truth, however, for those who believe that justice is a fine thing to have as a feature of an advanced civilization is that the lawyers are not only right to follow that logic; the best of their lot are also very skillful in making it work. Which is why what we call the justice system will always be more “just” for those who can afford to pay for the most skillful lawyers.

    The final irony of this story lies in the fact that, in their diligence, the lawyers have borrowed the idea behind the doctrine of consent, not from the world of sexual predation, but from the realm of therapy and medical practice. They need to be careful at this point. Even Andrew and his lawyers should know that if you insert a space in the word “therapist,” it points to the image Prince Andrew has in some people’s minds: “the rapist.” The mountains of testimony from Jeffrey Epstein’s countless victims reveal that, though they were undoubtedly consenting in some sense to the masterful manipulation of the deceased billionaire and friend to the famous and wealthy (as well as possibly a spy), all of them have been to some degree traumatized for life by the experience.

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    As Bill Gates explained when questioned about the problem of his own (he claims ill-informed) consent to whatever he was up to with Epstein, for him there could be no serious regrets. The problem no longer exists because, well, “he’s dead” (referring to his pal, Jeffrey). Prince Andrew is still alive, though this whole business has deprived him of all his royal privileges, making him something of a dead branch on the royal family tree. Virginia Giuffre is also still alive, though undoubtedly disturbed by her experience as a tool in the hands of Jeffrey Epstein, Ghislaine Maxwell and Prince Andrew.

    So, unless a nuclear war intervenes in the coming weeks between the US and Russia making everything else redundant (including the collapse of Meta’s stock), the interesting news will turn around the legal fate in the US of two prominent Brits. The first is a socialite (and possibly also a spy) as well as a high-profile heiress, Ghislaine Maxwell. She is expected to have a retrial sometime in the future. The second is none other than the queen’s favorite son.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Fair Observer Devil’s Dictionary.]

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    What Would Helsinki 2.0 Look Like Today?

    The European security order has broken down. You might think that’s an overstatement. NATO is alive and well. The Organization for Security and Cooperation (OSCE) in Europe is still functioning at a high level.

    Of course, there’s the possibility of a major war breaking out between Russia and Ukraine. But would Russian President Vladimir Putin really take such an enormous risk? Moreover, periodic conflicts in that part of the world — in Ukraine since 2014, in Georgia in 2008, in Transnistria between 1990 and 1992 — have not escalated into Europe-wide wars. Even the horrific bloodletting of Yugoslavia in the 1990s was largely contained within the borders of that benighted former country, and many of the Yugoslav successor states have joined both the European Union and NATO.

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    So, you might argue, the European security order is in fine shape, and it’s only Putin who’s the problem. The United States and Europe will show their resolve in the face of the Russian troops that have massed at the border with Ukraine, Putin will accept some face-saving diplomatic compromise and the status quo will be restored.

    Even if that were to happen and war is averted this time, Europe is still in a fundamental state of insecurity. The Ukraine conflict is a symptom of this much deeper problem.

    The current European security order is an overlay of three different institutional arrangements. NATO is the surprisingly healthy dinosaur of the Cold War era with 30 members, a budget of $3 billion and collective military spending of over a trillion dollars.

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    Russia has pulled together a post-Cold War military alliance of former Soviet states, the Collective Security Treaty Organization (CSTO), that is anemic by comparison with a membership that includes only Armenia, Belarus, Kazakhstan, Kyrgyzstan and Tajikistan. Instead of expanding, the CSTO is shrinking, having lost Azerbaijan, Georgia and Uzbekistan over the course of its existence.

    And then there’s the Helsinki framework that holds East and West together in the tenuous OSCE. Neither Russia nor its military alliance was able to prevent the march of NATO eastward to include former Soviet republics. Neither NATO nor the OSCE was able to stop Russia from seizing Crimea, supporting a separatist movement in eastern Ukraine or orchestrating “frozen conflicts” in Georgia and Moldova.

    Presently, there are no arms control negotiations between East and West. China became Russia’s leading trade partner about a decade ago, and the United States and European countries have only fallen further behind since. Human rights and civil liberties are under threat in both the former Soviet Union and parts of the European Union.

    So, now do you understand what I mean by the breakdown of the European security order? The Cold War is back, and it threatens once again to go hot, if not tomorrow then perhaps sometime soon.

    So, yes, Ukrainian sovereignty must be defended in the face of potential Russian aggression. But the problem is much bigger. If we don’t address this bigger problem, then we’ll never really safeguard Ukraine, deal with Russia’s underlying concerns of encirclement or tackle the worrying militarization of Europe. What we need is Helsinki 2.0.

    The Origins of Helsinki 1.0

    In the summer of 1985, I was in Helsinki after a stint in Moscow studying Russian. I was walking down one of the streets in the Finnish capital when I came across a number of protesters holding signs.

    “Betrayal!” said one of them. “Appeasement!” said another. Other signs depicted a Russian bear pressing its claws into the then-Baltic republics of Lithuania, Latvia and Estonia.

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    I’d happened on this band of mostly elderly protesters outside a building where dignitaries from around the world had gathered to celebrate the 10th anniversary of the Helsinki Accords. At the time, I had only a vague understanding of the agreement, knowing only that it was a foundational text for East-West détente, an attempt to bridge the Iron Curtain.

    As I found out that day, not everyone was enthusiastic about the Helsinki Accords. The pact, signed in 1975 by the United States, Canada, the Soviet Union and all European countries except Albania, finally confirmed the post-war borders of Europe and the Soviet Union, which meant acknowledging that the Baltic states were not independent but instead under the Kremlin’s control. To legitimize its control over the Baltics in particular, a concession it had been trying to win for years, the Soviet Union was even willing to enter into an agreement mandating that it “respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion.”

    At the time, many human rights advocates were skeptical that the Soviet Union or its Eastern European satellites would do anything of the sort. After 1975, “Helsinki” groups popped up throughout the region — the Moscow Helsinki Group, Charter 77 in Czechoslovakia — and promptly discovered that the Communist governments had no intention of honoring their Helsinki commitments, at least as they pertained to human rights.

    Most analysts back then saw the recognition of borders as cold realpolitik and the human rights language as impossibly idealistic. History has proved otherwise. The borders of the Soviet Union had an expiration date of 15 years. And, ultimately, it would be human rights — rather than war or economic sanctions — that spelled the end of the Soviet Union and the Warsaw Pact. Change came in the late 1980s from ordinary people who exercised the freedom of thought enshrined in the Helsinki Accords to protest in the streets of Vilnius, Warsaw, Prague and Tirana. The decisions made in 1975 ensured that the transitions of 1989-91 would be largely peaceful.

    After the end of the Cold War, the Helsinki Accords became institutionalized in the OSCE, and briefly, that promised to be the future of European security. After all, the collapse of the Soviet Union meant that NATO no longer had a reason for existence.

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    But institutions do not die easily. NATO devised new missions for itself, becoming involved in out-of-area operations in the Middle East, intervening in the Yugoslav wars and beginning in 1999 expanding eastward. The first Eastern European countries to join were the Czech Republic, Hungary and Poland, which technically brought the alliance to Russia’s very doorstep (since Poland borders the Russian territory of Kaliningrad). NATO expansion was precisely the wrong answer to the question of European security — my first contribution to Foreign Policy in Focus back in 1996 was a critique of expansion — but logic took a backseat to appetite.

    The OSCE, meanwhile, labored in the shadows. With its emphasis on non-military conflict resolution, it was ideally suited to the necessities of post-Cold War Europe. But it was an unwieldy organization, and the United States preferred the hegemonic power it wielded through NATO.

    This brings us to the current impasse. The OSCE has been at the forefront of negotiating an end to the war in eastern Ukraine and maintains a special monitoring mission to assess the ceasefire there. But NATO is mobilizing for war with Russia over Ukraine, while Moscow and Washington remain as far apart today as they were during the Cold War.

    The Helsinki Accords were the way to bridge the unbridgeable in 1975. What would Helsinki 2.0 look like today?

    Toward Helsinki 2.0

    The Helsinki Accords were built around a difficult compromise involving a trade-off on borders and human rights. A new Helsinki agreement needs a similar compromise. That compromise must be around the most important existential security threat facing Europe and indeed the world: climate change.

    As I argue in a new article in Newsweek, “In exchange for the West acknowledging Russian security concerns around its borders, Moscow could agree to engage with its OSCE partners on a new program to reduce carbon emissions and transition from fossil fuels. Helsinki 2.0 must be about cooperation, not just managing disagreements.”

    The Russian position on climate change is “evolving,” as politicians like to say. After years of ignoring the climate crisis — or simply seeing it as a good opportunity to access resources in the melting Arctic — the Putin administration change its tune last year, pledging to achieve carbon neutrality by 2060.

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    There’s obviously room for improvement in Russia’s climate policy — as there is in the United States and Europe. But that’s where Helsinki 2.0 can make a major contribution. The members of a newly energized OSCE can engage in technical cooperation on decarbonization, monitor country commitments to cut emissions, and apply new and stringent targets on a sector that has largely gotten a pass: the military. It can even push for the most effective decarbonization strategy around: demilitarization.

    What does Russia get out of the bargain? A version of what it got in 1975: reassurances around borders.

    Right now, everyone is focused on the question of NATO expansion as either an unnecessary irritant or a necessary provocation in American-Russian relations. That puts too much emphasis on NATO’s importance. In the long term, it’s necessary to reduce the centrality of NATO in European security calculations and to do so without bulking up all the militaries of European states and the EU. By all means, NATO should be going slow on admitting new members. More important, however, are negotiations as part of Helsinki 2.0 that reduce military exercises on both sides of Russia’s border, address both nuclear and conventional buildups, and accelerate efforts to resolve the “frozen conflicts” in Ukraine, Georgia and Moldova. Neither NATO nor the CSTO is suited to these tasks.

    As in 1975, not everyone will be satisfied with Helsinki 2.0. But that’s what makes a good agreement: a balanced mix of mutual satisfaction and dissatisfaction. More importantly, like its predecessor, Helsinki 2.0 offers civil society an opportunity to engage — through human rights groups, arms control advocates, and scientific and educational organizations. This might be the hardest pill for the Kremlin to swallow, given its hostile attitude toward civil society. But the prospect of securing its borders and marginalizing NATO might prove simply too irresistible for Vladimir Putin.

    The current European security order is broken. It can be fixed by war. Or it can be fixed by a new institutional commitment by all sides to negotiations within an updated framework. That’s the stark choice when the status quo cannot hold.

    *[This article was originally published by FPIF.]

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    Understanding Russia’s Logic Vis-à-Vis Ukraine

    When it comes to Russia’s troop deployment near the Ukrainian border, many Western governments are left wondering whether the escalation is merely intended to underpin Moscow’s demands for an end to NATO’s eastward expansion and the withdrawal of NATO and US troops and military infrastructure from eastern member states.

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    However, it cannot be excluded that the failure of the talks with the US and NATO on security guarantees has been calculated by Moscow from the outset in order to justify an intervention in Ukraine that was being planned regardless. The Russian leadership is deliberately playing on strategic ambivalence to complicate Western decision-making. It criticizes reports about a possible Russian invasion as a Western conspiracy theory, but at the same time, it brings a military response into play should the talks with the US and NATO fail.

    In this way, Moscow is trying to further polarize the Russia debate in Europe and make a unified European and transatlantic response more difficult.

    Russia’s Military Logic

    Against this backdrop, it is worth taking a look at the Kremlin’s previous pattern of using the Russian military as a foreign policy tool. From this, conclusions can be drawn regarding the Kremlin’s cost-benefit calculations. First, the military show of force represents a firmly established instrument of Russian coercive diplomacy. For example, President Vladimir Putin achieved the first summit meeting with US President Joe Biden in May 2021 after moving Russian troops to the border with Ukraine.

    Second, Putin had kept Russia’s previous military interventions limited, either with regard to the duration or in terms of the number of forces deployed. In this way, he avoided causing resentment among the Russian population due to high casualty figures or massive economic costs.

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    Third, there has been only one case of military intervention leading to the annexation of territory — the conquest of Crimea in 2014, a mixture of military surprise, acceptable political and economic sanctions, and domestic mobilization potential that allowed Putin to raise his previously plummeting approval ratings to new heights.

    It cannot automatically be assumed that the previous logic for the military use of power will continue to apply unaltered. However, there are not yet sufficient indications that it has fundamentally changed. Based on this logic, three scenarios can be identified as more likely among the options being discussed in the media.

    How Will the Situation Develop?

    First, it is in line with previous logic to view the deployment on the border with Ukraine as part of a coercive diplomacy strategy to influence the US and NATO to make substantial concessions. The military exercise with Belarus scheduled for February is intended to increase pressure in the short term, given the stalled negotiations. If the talks fail, there is a risk of escalation. With its demands for a complete revision of the existing Euro-Atlantic security architecture, Russia’s leadership risks running into a trap of its own making and losing the possibility of a face-saving solution.

    Moscow regards the negotiations being offered by the US and NATO on arms control and confidence and security-building measures as merely complementary to its demands, not as a substitute for them.

    Second, Moscow could further underpin its coercive diplomacy by permanently deploying Russian troops in Belarus. As a result, Russia would be in a better position to close the so-called Suwalki gap — a strategically important land corridor between Poland and Lithuania — and thus cut the Baltic states’ connection to the rest of NATO. Moreover, with a permanent military presence in Belarus, Russia could make its threat of a major invasion of Ukraine more credible.

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    Since the stationing of Russian troops requested by Belarusian ruler Alexander Lukashenko would not constitute a hostile incursion, Moscow would not be subject to political and economic sanctions, but it would have to expect increased military reassurance measures from NATO for the eastern member states.

    A third scenario is an open incursion by Russian troops into the separatist-controlled part of the Donbas region. The number of Russian soldiers massed on the border gives credibility to this version of events. The military costs for Moscow would be low, since pro-Russian forces and covertly deployed Russian soldiers already control the area. Russia would face sanctions from Western countries, but these would be limited compared to a full-scale invasion. To be sure, no surge of approval for Putin comparable to the one that followed the Crimean annexation is to be expected.

    Chain of Legitimacy

    However, a chain of legitimacy for the invasion could easily be constructed. In recent months, some 600,000 residents of Donbas have obtained Russian passports. The deployment of armed forces abroad is permitted under Russian legislation in order to protect Russian citizens against an armed attack. Some pretexts that could be used by Moscow for these actions include statements made by Ukrainian President Volodymyr Zelenskiy about wanting to retake the separatist areas and false flag terrorist attacks by supposedly Ukrainian or Western forces.

    According to the logic so far, Russia is not expected to annex Donbas but to recognize it as an independent entity. An initiative to this effect is already being prepared by the Communist Party of Russia, which is loyal to the Kremlin. By taking this step, Moscow would lose the opportunity to gain a political veto position in Ukraine by granting Donbas autonomous status. However, it is no longer putting much hope in it.

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    With an open military intervention in Donbas, Russia would also put Zelenskiy in a precarious domestic and foreign policy position, in which he would lose room for maneuver and credibility between the demands for a military response and the warnings not to let the situation escalate. This would also further polarize the Western states.

    All other military scenarios — from the establishment of a land bridge to Crimea to the occupation of the Ukrainian Black Sea coast or other parts of the country — cannot be ruled out. However, they would then be associated with significantly higher military and economic costs as well as domestic political risks. This would be a clear sign that the Kremlin’s calculations have fundamentally changed.

    *[This article was originally published by the German Institute for International and Security Affairs (SWP), which advises the German government and Bundestag on all questions related to foreign and security policy.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More