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    France to start legal action against UK on fishing licences in ‘very first days of January’

    France will start legal action against the UK over the post-Brexit fishing row within weeks, a French minister has said. Clement Beaune, the secretary of state for European affairs, said on Thursday the case will go before a special tribunal in the “very first days of January”. It comes days after France said it would seek European Union legal action against the UK over the months-long dispute centred around the number of fishing licences granted after Brexit. Mr Beaune said last week Paris would ask the European Commission to initiate judicial proceedings “for licences we are entitled to get”. He told French media on Thursday litigation will kick off in early January. When asked on public TV station France 2 how this would work with the UK no longer being in the EU, he said there was the post-Brexit agreement. “If there are breaches of the agreement, it can lead to sanctions from a tribunal that we jointly established,” Mr Beaune said. “It will be this tribunal that we will refer to in the first days of January.”Last week, the European Affairs minister said France had obtained 93 per cent of the requested licenses to fish in UK waters. But the country still wanted just over 70 more to be granted. French fishermen staged blockades at the Port of Calais and Channel Tunnel last month as they claimed they had been “humiliated” over post-Brexit licences. Downing Street has been approached for comment. More

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    When the Green Deal Is a No Deal

    Let’s start with a tricky question. Is the European Union’s Green New Deal a path toward the world’s first climate-neutral continent by 2050, as European Commission President Ursula Von der Leyen sees it? Or do you agree with Hungarian Prime Minister Viktor Orban’s view of the deal as a “utopian fantasy”? Whatever interpretation you are leaning toward, the question itself reveals the current polarization across Europe.

    Why Does the Radical Right Oppose European Integration?

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    As in many other situations when an urgent EU response is needed, like when human rights violations are happening right on the bloc’s borders and shores, the roots of this political polarization are an intended result of populist anti-EU rhetoric spearheaded by the likes of Orban and other illiberal leaders. Nevertheless, the supposed dividing line between “old” and “new” EU member states on the perception of the green transformation is a by-product of failing Europeanization, something Orban and his consorts cannot be blamed for exclusively.

    Fear of Falling Behind

    Card players know the expression “new deal” as the reshuffling of a deck of cards that squares the players’ chances of victory. The Green New Deal, introduced in December 2019 by the European Commission, however, will not reset economic and social inequalities either globally or within the European Union itself. In the case of Hungary, for instance, among its nearly 10 million inhabitants, “income inequality has increased over the past decade and inequalities in access to public services remain high,” according to the 2020 country report by the European Commission.

    Cohesion reports show that although previous policies have made significant contributions, economic and social disparities between member states persist. That’s why the European Commission installed the Just Transition Mechanism and the Just Transition Fund alongside other measures such as the Social Economy Action Plan to compensate possible losers of the transition with funding and social inclusion measures.

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    Experts point out the open questions regarding exactly how much public money will flow to the east. A big part of the transition is to be lifted by private investments. Heated debates on green taxation and investments are partly fueled by fears of “falling further behind the West.”

    Concerns like this engender a general mistrust toward EU policies in the eastern European region. While the current framing of the Green New Deal focuses on the promise of a growth strategy with winners only, recipients in the east traditionally have doubts. Looking back to the 20th century, Europe has had plenty of experience with transitional processes, but lessons learned from various approaches vary tremendously across the continent.

    Bad Memories

    The Czech Republic, for example, is often presented as a transition success story. Yet a more differentiated view shows that the country is still struggling with the destructive effects of an unfinished transition. More than three decades after the change of regime, the political elite is dominated by businesspersons who gained economic power in the 1990s and have established a clientelist system characterized by a cascade of corruption scandals. Still facing a “wage curtain” vis-à-vis the West, the voters’ frustration with such legacies spelled defeat for Prime Minister Andrej Babis’ party in this year’s parliamentary election.

    The new government in Prague is trying to distance itself from previous paths and promotes a transition toward a green economy, emphasizing sanctions against polluters. The rhetoric, however, shows that the government’s commitment to change has its limits when prosperity is at risk. “The Green Deal represents a huge opportunity for Europe to invest in sustainable development, renewable energy and the circular economy. We will support any such measures which will not economically affect the living standards of the population of the Czech Republic,” Petr Hladík, deputy-mayor of Brno, stated recently.

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    Hungary has undergone several economic transitions after World War II. During the 1960s, a centrally-planned economy became more open. Then the so-called “goulash communism” paved the way toward a market economy, which was realized after the fall of the communist regime in 1989.

    The economic transition has brought market integration and foreign investments, but also, 17 years after Hungary’s EU accession, welfare levels have not reached those of the original member countries. In the years after 1989, Hungarians experienced high unemployment, social insecurity and a general decline in productivity that has often been seen as the material shock of the transition process.

    In the country’s collective memory, the transition has strong connotations with the rise in social inequality or, as Herman Hoen put it, the reforms that encompassed “welfare gains for some at the expense of others.” Negative experiences from transition periods, therefore, fuel the mistrust and general pessimism toward narratives of change and progress.

    When it comes to environmental awareness that forms the basis for climate action, we must understand that both Marxist and capitalist ideologies have been strongly shaped by a worldview that sees nature as an obstacle to economic growth. Environmentalists in countries like Hungary, former Czechoslovakia and Bulgaria had successfully channeled a broad critique of the system by raising environmental concerns. But soon after the initial democratic transition, attention shifted toward economic priorities.

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    Some argue that the transitions of 1989-90 in Eastern Europe have ended with the accession to the EU in 2004 but, facing a democratic backlash, clientelism and attempts at state capture today, it seems more appropriate to describe it as an incomplete transition. Particularly, civil society and social movements offer insights into the non-linearity of democratic consolidation processes.

    Although post-communist countries have very different transition processes and experiences, some suffering more, others less, they still share common struggles with social injustice and corruption as well as bad memories of the era of transformation.

    Disillusionment

    As a result of this disillusionment, many post-communist countries experienced a massive exodus to the West. According to Ivan Krastev, “With social inequality rising and social mobility stagnating in many countries in the world, it is easier to cross national borders than class barriers.” Many of those who stayed have become supporters of Orban and other populists who claim to be treated as second-class members of the EU and call out alleged double standards. Blaming Brussels for high energy prices, for example, falls on fertile ground.

    In addition, growing disparities in fundamental values and migration practices fuel fears over further disintegration of the EU along an increasing east-west divide. If we look at the perception of climate action in Europe, this divide can be detected here too. In fact, although all member states agreed on the Green New Deal, it has many stumbling blocks in its path.

    A study by the European Council on Foreign Relations shows that “Europeans are divided over a range of climate issues, including the EU’s carbon border adjustment mechanism (CBAM), the role of nuclear energy in Europe’s future energy mix, bridging technologies with which to facilitate the transition to net zero, and the socio-economic consequences of closing down carbon-intensive industries.” The study also reveals that alliances along this fault line do not align in two diametrically opposed camps. This enables varying alliance-building measures and avoids stagnation when it comes to major decisions ahead.

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    According to a Eurobarometer survey from 2019, the awareness for necessary actions against climate change is increasing in all member states. When it comes to the question of whether climate change is one of the most serious problems, countries like Bulgaria, Romania and Lithuania are at the other end of the scale. Socio-demographic data show a clear correlation between awareness and the financial stability of respondents. Those with fewer financial difficulties are most likely to consider climate change as the most serious problem.

    In the case of Hungary, there is a true clash of perceptions with the European Commission. But Viktor Orban is facing an election in early 2022 that might lead to a change in the power balance. In the end, the benefits from the financial resources of the Green New Deal might speak in its favor.

    Bedtime Stories of Growth

    “This transition will either be working for all and be just, or it will not work at all,” said Von der Leyen after the College of Commissioners had agreed on the European Green Deal. According to the Commission’s Just Transition Mechanism, the most vulnerable regions and sectors should receive compensation for disadvantages. When facing informed criticism of gender-blind environmental policies, studies on energy poverty in former communist countries, the concept of “black ecologies” as well as the colonial legacy and the continuing global injustice of the Anthropocene, we must admit that it is impossible for today’s policies — and politicians — to predict who will make up tomorrow’s vulnerable groups.

    There is no doubt that Europe needs inclusive and smart policies, but regulations alone will not be enough. All green transformation mechanisms must be accompanied by multi-dimensional democratic reform. This means, first of all, the establishment of transnational agoras for grassroots participation in environmental policymaking. There needs to be a strong and broad democratic foundation as policy can only succeed once the trust in institutions is restored. Political culture and path dependencies are powerful and often underestimated barriers of change that can hardly be addressed by policy alone and require strong local civil societies.

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    Speaking of trust, the European Commission’s current narrative of a “new growth strategy” carries the risk of creating a false promise of a “transition without losers” while not being able to think ahead to identify all obstacles. Even if serious endeavors can alleviate most of the social costs of the transition, the measures will fail if structural reforms of the social welfare systems and education are being neglected.

    Coping with the climate emergency uncovers the EU’s biggest weakness, namely its various divisions. Cohesion policies need to be more inclusive to guarantee effectiveness. While many actors within the bloc and on its margins have already joined the new gold rush for renewables, the scramble for the enormous EU funds brings severe risks of corruption and exploitation of natural resources in countries with weak economies and democracies, like the Jadar project in Serbia clearly demonstrates.

    Universal Change of Perspective

    Nationalistic and ethnic biases have led to dysfunctions and hampered cooperation among civil society actors before and after 1989. Donatella Della Porta and Manuela Cainai’s demands for a “Europeanization from below” should not be caught up in the dynamics of a green transition. We have a historic chance for environmental concerns to be expressed on all levels of society, and the ears of EU institutions are wide open.

    With the liberal opposition in Hungary joining forces against illiberal politicians in power, civil society’s ability to compromise and cooperate will decide its success. If it takes its role as watchdog and mediator between society and state seriously, it will need to develop trustworthy narratives of transition.

    From a global perspective, the current story is built on risky grounds. The old growth strategy cannot be simply supplanted by a new one. If the Green New Deal means an agreement where, in the end, power and money stay concentrated in the global north while resources and advantages of the EU’s margins — such as the western Balkans — are exploited, the outcome of the transition will be a total disintegration of the EU accompanied by severe social upheavals. 

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    For many people then, the Green New Deal will not be a deal at all. The main responsibility for decarbonization lies with the global north. In this sense, the EU’s framing of climate action must be aligned with an honest inconvenient truth that it is not a trade deal with winners only but a unilateral sacrifice of privileges and a total change of perspective for the sake of all humanity.

    As Mariana Mazzucato recently stated in Nature Sustainability, “What is needed now is to move beyond the static debate about growth or no growth and instead focus on fundamentally redirecting development towards achieving the goal of a more inclusive and sustainable planet. We need to pivot from a reactive market-failure-fixing approach towards a proactive market-shaping one.”

    It is crucial that the Green New Deal is not just seen as a top-down policy bundle or a golden pot of money from Brussels, but a chance to reduce inequalities and to create a “good jobs economy.” The EU’s climate policies are indeed paving the way for decarbonization, but divisions within the bloc will always remain and might even further increase once the motor of growth revs up. The fight against climate change and injustice will then once again be led by civil society and proactive citizens, who need to follow a shared vision and hold politicians and corporations accountable for their actions.

    *[Fair Observer is a media partner of Institute for the Danube Region and Central Europe.]

    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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    Rahm Emanuel leads confirmed Biden nominees in late-night logjam break

    Rahm Emanuel leads confirmed Biden nominees in late-night logjam breakEx-Obama chief of staff will go to Japan after deal for vote on Russia pipeline sanctions ends Republican Senate resistance The former Obama White House chief of staff and Chicago mayor Rahm Emanuel was among more than 30 ambassadors and other Biden nominees confirmed by the Senate early on Saturday. Trump condemned by Anti-Defamation League chief for antisemitic tropesRead moreThe Democratic leader, Chuck Schumer, broke a Republican-stoked logjam by agreeing to schedule a vote on sanctions on the company behind the Nord Stream 2 pipeline that will deliver natural gas from Russia to Germany.With many senators anxious to go home for the holidays, Schumer threatened to keep the Senate in for as long as it took to break a logjam on a number of diplomatic and national security nominees.Emanuel was confirmed to serve as ambassador to Japan by a vote of 48-21. Nominees to be ambassadors to Spain, Vietnam and Somalia were among those confirmed by voice vote after an agreement was reached to vote on Nord Stream 2 sanctions before 14 January.The confirmation process has proved to be frustrating for new administrations regardless of party. While gridlock isn’t new, the struggle is getting worse.Democrats have voiced concerns about holds Republican senators placed on nominees in order to raise objections about foreign policy matters that had little to do with the nominees in question. Holds do not block confirmation but they do require the Senate to undertake hours of debate.Positions requiring confirmation can go unfilled for months even when the nominations are approved in committee with the support of both parties.Biden officials acknowledge the president will end his year with significantly more vacancies than recent predecessors and that the slowdown of ambassadorial and other national security picks has had an impact on relations overseas.Ted Cruz, of Texas, held up dozens of nominees at state and treasury, over objections to the waiving of sanctions targeting the Nord Stream AG firm overseeing the pipeline project. The administration said it opposed the project but viewed it is a fait accompli. It also said trying to stop it would harm relations with Germany.Critics on the both sides of the aisle have raised concerns that the pipeline will threaten European energy security by increasing reliance on Russian gas and allowing Russia to exert political pressure on vulnerable nations, particularly Ukraine.Earlier in the week, Schumer demanded that Cruz lift all of his holds on nominees at the two departments as well as the US Agency for International Development, as part of any agreement on a Nord Stream 2 sanctions. Cruz said he was willing to lift holds on 16. The two sides traded offers on Friday.“I think there ought to be a reasonable middle ground solution,” Cruz said.“Let’s face it. There is little to celebrate when it comes to nominations in the Senate,“ said Senator Bob Menendez, chairman of the foreign relations committee.The New Jersey Democrat blamed Republicans for “straining the system to the breaking point” and depriving Biden of a full national security team, “leaving our nation weakened”.“Something’s going to happen in one of these places and we will not be there to ultimately have someone to promote our interests and to protect ourselves,” he said.Roy Blunt, a Missouri Republican, said some of the gridlock stemmed back to four years ago when Democrats, under Schumer, tried to stop many of Donald Trump’s nominees being confirmed in a timely manner.“Senator Schumer doesn’t have anything close to clean hands here,” Blunt said.Emanuel, also a former member of the House, was backed for the post in Tokyo at a time when Washington is looking to Asian allies to help push back against China.Detractors said they would not back him because of the shooting when he was mayor of Chicago of 17-year-old Laquan McDonald, who died when a police officer, Jason Van Dyke, fired multiple times.Emanuel’s handling of the case was criticized, especially as video was not released for more than a year. Van Dyke was convicted of second-degree murder and jailed. Four officers were fired.Biden nominated Emanuel in August. At his confirmation hearing in October, Emanuel said he thought about McDonald every day and that, as mayor, he was responsible and accountable.Eight Republicans voted with a majority of Democrats to confirm Emanuel. Three Democrats voted no: Ed Markey and Elizabeth Warren of Massachusetts, and Jeff Merkley of Oregon.TopicsBiden administrationUS foreign policyUS national securityRahm EmanuelUS politicsAsia PacificJapannewsReuse this content More

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    The Value of EU Citizenship in a Post-Brexit World

    In the 1980s, I was born having freedom of movement across Europe, when Britain was part of the European Economic Community. The concept of EU citizenship was formally established in 1993, as part of the creation of the European Union itself, under the Maastricht Treaty.

    Polexit: Is Poland on the Way Out of the EU?

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    Freedom of movement in Europe was always something I took for granted. I saw Europe as part of our heritage, despite the grumblings of euroskeptics and sly articles in the British press about the perils of straight bananas and the metric system. 

    I traveled a lot in my youth, but travel was never really the issue. Citizens of many countries from outside the EU can stay in the Schengen zone for up to 90 days without a visa. It wasn’t until 2009 that the benefits of being an EU citizen became obvious to me. 

    Free to Work and Study in Europe 

    I signed up for a master’s degree in Brussels, Belgium. The beauty of this was, as an EU citizen, the entire degree cost me only €500 ($560). It was taught in English and full of students from all over the world.

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    There was no paperwork to deal with, no need to prove income, no need to apply for any student visas. Education in Belgium was as open to me as education in my country of origin. And that would have been the same for education in any country in the EU. 

    I stayed in Belgium for two years. During that time, I could work freely without any authorization. I taught English at the European Parliament. I also did a number of freelance jobs on the side. But I could have worked anywhere, from behind a bar, to the top levels of the European institutions. 

    As an EU citizen, I had the right to live and work in Belgium, just as I did with any other country in the EU and the European Economic Area (EEA). No sponsorship needed, no work visa, no permission of any kind. 

    I often traveled back and forth between London and Brussels. The Eurostar was, and still is, the best mode of transport. It takes you directly from the center of one capital into the center of the other. With an EU passport, going through immigration was quick and simple. In contrast, passport holders from outside the EU had to wait in a separate queue, all herded together. 

    I didn’t use my EU freedom of movement rights again for 10 years. But that would be for the final time, as a big change was coming. 

    The Vote That Changed Everything

    In 2016, a majority of British voters decided the UK should leave the European Union. Millions of British citizens would soon lose their EU rights. People with Irish or other European relatives were desperately applying for second passports.

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    The next few years were chaotic, full of political turmoil and tribalism. The Brexit referendum had split the country down the middle, and things would never be the same again.

    After the vote, there was a rapidly closing window of opportunity to move to the EU. I knew that was the only option for me. So, in the early weeks of 2020, I moved to Lisbon, the capital of Portugal. Time was running out by then, with the Brexit transition period in full swing. Within months, UK citizens would be officially relegated to third-country national status. 

    There was no time to waste in securing residency in Portugal. As an EU citizen, it was easy. I landed in Lisbon, took my passport and showed up at the nearest municipal office. Thirty minutes and €15 later, I had a five-year temporary residency document for Portugal. 

    Portugal’s citizenship timeline is five years. All being well, that document will allow me to regain my EU rights sometime in 2025, this time as a proud citizen of Portugal — the country I chose.  

    The EU project is far from perfect. Like any large-scale collaboration of humans, it’s fraught with issues. Yes, there’s corruption. Yes, there’s waste and inefficiency. Despite that, the EU is an ambitious project that emerged out of the devastation of the Second World War. The resulting economic cooperation has kept Europe peaceful ever since. In that sense, it’s doing exactly what it was designed to do.

    Citizen of Another Somewhere

    I don’t like nationalism. It’s too easily misused. And I can’t be proud of something that I didn’t achieve: the coincidence of being born on a certain piece of land. Does that mindset make me a “citizen of nowhere”? If so, that’s good. Thanks for the compliment, Theresa. 

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    As the late John le Carre once said, “If you want to make me a citizen of nowhere, I will become a citizen of another somewhere.” An Englishman all his life, le Carre died an Irish citizen, so disappointed was he at the fallout from Brexit. He was fortunate to have that Irish heritage. Not everyone does. And those that don’t have become second-class citizens in Europe.

    National pride is artificially constructed to hold the nation-state together. It plays on our natural inclinations toward tribalism, which is merely an evolutionary hangover. Benedict Anderson’s classic book, “Imagined Communities,” explains these ideas better than I ever could.

    Perhaps the EU is an “imagined community” too. But countries working together, no matter how flawed the process, is the only route we have to improving the world. It’s a project I’m determined to be part of. And if I can’t do so as a British citizen, then I’ll happily do so as a Portuguese. 

    *[Samantha North is the founder of Digital Émigré, an EU citizenship consultancy.]

    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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    Could There Be War With Russia?

    First, let’s be clear: Russia already invaded Ukraine. At the end of February 2014, Russian soldiers without insignia seized key facilities in Crimea and then helped secessionists in eastern Ukraine some weeks later. Crimea is now under Russian control and a civil war continues to flare up over the breakaway regions of Donetsk and Luhansk in the east.

    Second, the United States has repeatedly provoked Russia by pushing the boundaries of NATO ever eastward. Virtually all of Eastern Europe is part of the military alliance, and so are parts of the former Soviet Union such as the Baltic states of Lithuania, Latvia and Estonia. Ukraine is in a halfway house called “NATO Enhanced Opportunities Partners” and it has contributed to NATO-led missions.

    The Response to Russia’s Brinkmanship Over Ukraine

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    A majority of Ukrainians — those not living in Crimea, Donetsk and Luhansk — support NATO membership, according to a November 2021 poll. Such poll results are no surprise given that membership would provide Ukraine with the additional insurance of NATO’s collective defense clause. Of all the countries considering membership in NATO, Ukraine is the one that most threatens Russia’s national interests in what it calls the “near abroad.”

    That’s some of the necessary context to the recent news that Russia has been massing around 100,000 soldiers along its border with Ukraine, coupled with medium-range surface-to-air missiles. Russia argues that such maneuvers are purely precautionary. Ukraine and its supporters think otherwise.

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    The United States has rallied its allies to warn Russian President Vladimir Putin not to invade Ukraine. It has promised to levy additional economic sanctions against Moscow as well as send more US troops to Eastern Europe to add to the several thousand American soldiers in Poland as well as those stationed at four US military bases in Bulgaria, a military facility on Romania’s Black Sea coast and elsewhere. The Biden administration has been clear, however, that it wouldn’t send US soldiers to Ukraine to confront Russian invaders.

    Putin, meanwhile, has demanded that Ukraine’s membership in NATO be taken off the table. He has also called for an immediate security dialogue with the United States and has been strategizing with China’s Xi Jinping on how to coordinate their policies.

    The transfer of troops to the Ukrainian border may simply be a test of the West’s resolve, an effort to strengthen Putin’s hand in negotiations with both Kyiv and Washington, a way of rallying domestic support at a time of political and economic challenges or all of the above. Given enormous pushback from the Ukrainian army among other negative consequences of a military intervention, a full-scale invasion of Ukraine is not likely in the cards. Putin prefers short wars, not potential quagmires, and working through proxies wherever possible.

    A hot war with Russia is the last thing the Biden administration wants right now. Nor is an actual détente with Moscow on the horizon. But could Putin’s aggressive move raise the profile of US-Russia relations in such a way as to lay the foundation for a cold peace?

    Fatal Indigestion?

    The civil war in Ukraine does not often make it into the headlines these days. Ceasefires have come and gone. Fighting along the Line of Contact that separates the Ukrainian army from secessionist forces breaks out sporadically. Since the beginning of the year, 55 Ukrainian soldiers have died and, through the end of September, so have 18 civilians, including four children. Many residents of the border towns have fled the fighting, but millions who remain require humanitarian assistance.

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    For the Russian government, this low-level conflict serves to emphasize its main message: that Ukraine is not really a sovereign country. Moscow claims that its seizure of Crimea was at the behest of citizens there who voted for annexation in a referendum. It argues that the breakaway provinces of Donetsk and Luhansk are simply exercising their right of self-determination in a political climate that discriminates against Russian speakers. Such fissures in the territory of Ukraine, according to this logic, suggest that the government in Kyiv doesn’t have complete control over its borders and has thus failed at one of the principal tests of a nation-state.

    For Ukraine, the issue is complicated by the presence of a large number of Russian-language speakers, some of whom feel more affinity for Moscow than Kyiv. A 2019 law that established Ukrainian as the country’s primary language has not helped matters. Anyone who violates the law, for instance, by engaging customers in Russian in interactions in stores, can be subjected to a fine. So far, however, the government hasn’t imposed any penalties. That’s not exactly a surprise given that the current president, Volodymyr Zelensky, who objected to the law when he was running for office, is more comfortable speaking Russian in public.

    Despite its domestic challenges and the recent history of Russian military incursions, Ukraine is very much a country. It is a member of the United Nations. Only a handful of states — Somalia, Palau — have neglected to extend it diplomatic recognition. There is no strategic ambiguity about Ukraine’s place in the international order as compared to, say, Taiwan.

    Not even Putin, despite his paeans to “one Russia,” realistically contemplates trying to absorb a largely resistant country into a larger pan-Slavic federation with Russia and Belarus. After all, Moscow has had its challenges with the much smaller task of integrating little Crimea into the Russian Federation. Upgrading the peninsula’s infrastructure and connecting it to the Russian mainland has cost tens of billions of dollars even as the sanctions imposed by the West have cost Russian corporations more than $100 billion. A water crisis in Crimea — because Ukraine blocked the flow from the Dnieper River into the North Crimean Canal — has offset the infrastructure upgrades Moscow has sponsored, leading to speculation last year that Russian would invade its neighbor simply to restart the flow of water.

    Invading Ukraine to resolve problems raised by the earlier invasion of Crimea would turn Vladimir Putin into the woman who swallowed a fly (and then swallowed a spider to catch the fly, then a bird to catch the spider and so on). Such a strategy promises larger and more diverse meals followed by the inevitable case of fatal indigestion.

    An Improbable Peace?

    So far, the Biden administration has offered a mix of threats and reassurances in the face of a possible Russian invasion. New sanctions and the dispatch of additional troops to Eastern Europe have been balanced by the refusal of the administration at this point to consider any direct involvement in Ukraine to counter Russian forces. Biden communicated this strategy not only in speeches, but in a two-hour telephone call with Putin last week. It was, by all accounts, a diplomatic conversation, with no bridge-burning and no Donald Trump-like fawning.

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    Biden and Putin may meet in early 2022. If that sounds like deja vu, you’re right. After Russia mobilized troops on Ukraine’s border last April, a Biden–Putin summit took place in mid-June in Geneva. Long ago, North Korea discovered that missile launches were an effective way of getting Washington’s attention. Russia can no longer count on Trump’s affection for authoritarian leaders to secure summits, so it has now adopted the North Korean approach.

    The important thing is that Putin and Biden are talking and that the respective diplomatic establishments are engaging with one another. The problem is that both leaders face domestic pressure to take a more aggressive stance. In the United States, bipartisan efforts are afoot to send Ukraine more powerful armaments and escalate the threats against Moscow. In the Russian Duma, far-right nationalists like Vladimir Zhirinovsky and putatively left-wing leaders like Communist Party head Gennady Zyuganov have at one point or another called for the outright annexation of Ukraine’s Donbass region. Also, the approval ratings of both Putin and Biden have been dropping over the last year, which provides them with less maneuvering room at home.

    To resolve once and for all the territorial issues involving Ukraine, the latter has to be sitting at the table. The civil war, although still claiming lives, is thankfully at a low ebb. But it’s important to push through the implementation of the 2014 Minsk accords, which committed Ukraine to offer special status to Donetsk and Luhansk that would provide them greater autonomy within Ukrainian borders. Ukraine can bring such a compromise to the table by pushing stalled constitutional amendments through the parliament.

    Crimea is a different problem. Even if Ukraine has international law on its side, it cannot easily roll back Russian integration of the peninsula. As the Brookings Institution’s Steven Pifer points out, success might be the best form of revenge for Ukraine. If the country manages to get its economic act together — a difficult but not impossible task — it will present itself as a better option for Crimeans than being Moscow’s charity case. Queue a second referendum in which Crimea returns to Ukraine by popular demand.

    The question of NATO membership should be treated with a measure of strategic ambiguity. The US government won’t categorically rule out Ukrainian membership, but it also can deliberately slow down the process to a virtual standstill. Russia has legitimate concerns about NATO troops massed on its border. Putin’s demand that the alliance not engage in a military build-up in countries bordering Russia is worthwhile even outside of its value as a bargaining chip.

    Another major thorn in US-Russia relations is Washington’s opposition to the Nord Stream 2 gas pipeline to Germany. Obviously, it should be up to Germany where it gets its energy, and surely Russia is no worse than some of the places the US has imported oil from in the past (like Saudi Arabia). But the Nord Stream 2 pipeline is yesterday’s problem. The pipeline will soon become a huge stranded asset, a piece of infrastructure that will send unacceptable amounts of carbon into the atmosphere and will be made redundant by the falling price of renewable energy. The European Union, additionally, is considering a Carbon Border Adjustment Mechanism that will only add to the cost of imported natural gas, stranding that particular asset even earlier than expected.

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    Everyone talks about the United States and China working together to battle climate change. The same spirit of cooperation should animate US-Russia relations. The Russian government has been a little bit more forthcoming of late on setting decarbonization goals, but it has a long way to go, according to the analysis of these three Russian environmental activists.

    Imagine Washington and Moscow working together to wean themselves off of their mutual dependency on fossil fuels. Let’s call it a “green détente” that includes regular “carbon control” summits designed to reduce mutual emissions, much as arms control confabs have aimed to cut back on nuclear armaments.

    Of course, there are plenty of other issues that can and will come up in talks between the two superpowers: denuclearization, cyberwarfare, the Iran nuclear agreement, the future of Afghanistan, UN reform. Sure, everyone is talking about avoiding worst-case scenarios right now. The conflict over Ukraine and the conflict inside Ukraine are reminders that the United States and Russia, despite powerful countervailing pressures, can indeed go to war to the detriment of the whole world. Perhaps Putin and Biden, despite the authoritarian tendencies of the former and the status-quo fecklessness of the latter, can act like real leaders and work together to resolve mutual problems that go well beyond the current impasse in Ukraine.

    *[This article was originally published by FPIF.]

    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 Response to Russia’s Brinkmanship Over Ukraine

    The Russian military buildup along Ukrainian borders conducted over the last few months — similar to an escalation by Russia in April — has led to new direct talks between US President Joe Biden and his Russian counterpart, Vladimir Putin. The biggest fear in the West is whether Russia intends to invade Ukraine. The Russian leadership has claimed that its more than 100,000 troops deployed along Ukrainian borders are on Russian territory, are conducting routine training and should not worry anyone. 

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    In stark contrast, Russia perceives the potential deployment of NATO troops close to its borders as a major security threat. This reveals that Russia understands very well the signals it is sending by amassing an unprecedented-in-size military strike group to Ukraine’s frontiers. There is solid evidence that Russia is engaging in a bold brinkmanship game over Ukraine, using the logic of threat to create strategic ambiguity about a potential military invasion. Its goal is to force Western concessions on Ukraine, in particular, and to obtain a strategic carte blanche in the post-Soviet area more generally.   

    The Logic of Threats

    Following a videoconference on December 7 between Biden and Putin, the Russian leadership sent a number of signals that created more clarity about the Kremlin’s intentions. Their form was accurately reflected in a few analyzes published by the Russia-based Carnegie Moscow Center. One Russian analyst argued that, unless Putin’s demand for guarantees that Ukraine will never join NATO is accepted, the United States would see a military defeat of Ukraine, which would be “an especially humiliating re-run of recent events in Afghanistan.” Another Russian expert hinted that, unless the US ensures that Ukraine implements the Russian version of the Minsk agreements, it may risk a war in Ukraine.

    The Russian foreign minister, Sergey Lavrov, confirmed that the West should accept these two conditions if it wants to avoid Europe returning to “the nightmare scenario of a military confrontation.” Following the teleconference, the deputy foreign minister, Sergey Ryabkov, reiterated the idea, stating that if NATO refuses Russia’s right to veto the alliance’s further expansion to the East, it will risk “serious consequences” and would lead to “its own weakened security.”

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    These are the most direct and bold threats that the Kremlin has issued against the West since the collapse of the Soviet Union. There are strong signals that this brinkmanship over Ukraine is a strategic calculation, triggered by the Kremlin’s perception that both the European Union and the United States are irresolute. 

    For instance, in his November 18 address to foreign policy officials, Putin observed that Russia has managed to create a feeling of tension in the West. He went on to recommend that this state of tension “should be maintained for as long as possible” and exploited to demand “serious, long-term guarantees” to prevent NATO membership for Ukraine and Georgia. 

    Following Putin’s videoconference with Biden, the Russian foreign ministry published its concrete demands for talks on a new European security order. Among these demands, Russia requested that NATO withdraw its 2008 Bucharest summit “open doors” pledge for Ukraine and Georgia.

    Assessing the Risk of War

    Why is Russia so bold to directly threaten war and confront the West with an ultimatum: either accept a war in Europe or give up the post-Soviet area? The Kremlin has concluded that there is little appetite in the West to confront Russia on Ukraine, beyond economic sanctions. 

    Russia’s leadership has also come to believe that the West is extremely risk-averse and not ready to call the Kremlin’s bluff. The brazenness of the threats, the reference to NATO’s “humiliation” in Afghanistan and interviews with Russian and foreign experts confirming the strategic timidity of the West — all of this speak to that. For instance, in an interview with Harvard’s Timothy Colton in the Russian newspaper Izvestia during the recent “Valday Club” conference, the reporters emphasized the idea that Ukraine is not important to the US. In an interview with the former US ambassador to Russia, Michael McFaul, the journalists of the Echo Moskvy radio station pointed out that “we sell the Americans their own fears.”

    Under the current conditions, the risk of a massive conventional Russian invasion of Ukraine is very small. Russia is not yet ready for a total break up with the West, similar to the one the USSR had, which would be very likely if it attacked Ukraine. Therefore, the question of whether Russia is going to attack Ukraine is not helpful for strategic planning. Instead, for a more effective engagement of Russia, the EU and the US should ask: What actions, short of giving up Ukraine’s sovereignty, should be taken to decrease the risk of war?

    Responding to Russia’s Threats

    There are three strategic objectives that the European Union and the United States should pursue and strengthen. They all stem from an effective crisis diplomacy rationale. First, it is necessary to signal a strong resolve to impose high costs on Russia where it is vulnerable. Second, it is necessary to make these signals credible. Third, it has to engage in intensive diplomacy to show that Russia’s demands are not linked to its actual security concerns. 

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    The biggest vulnerability of Russia is the high military costs of an invasion. Providing defense equipment to Ukraine, deploying instructors and even small military units for joint exercises with Ukrainian troops in the vicinity of the line of contact in Donbas and near Crimea — on a rotational basis — would serve as a passive obstruction to potential Russian attacks. These are the most effective deterrence tools, which would greatly strengthen the credibility of the resolve of the EU and the US from Russia’s outlook. 

    Finally, the EU and the US should confront Russia’s manipulation of the “indivisible security” concept, which is a major element of its international propaganda campaign. To counter Russia’s legalistic approach and hidden agenda, they should suggest and discuss alternative proposals, such as the pact of non-aggression or parity of forces in the border areas. The West should not ignore that its response to Russia’s threat of war is likely to affect how other international actors — China, for example — view its resolve in responding to comparable challenges in other regions.

    *[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

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    Bosnia and Herzegovina’s Complicated Puzzle

    On Friday, December 10, the parliament of the Republic of Srpska, one of the constitutive entities of Bosnia and Herzegovina, adopted a Declaration on Constitutional Principles that states that the legislation imposed by the high representative in Bosnia and Herzegovina should be considered unconstitutional since the required procedure was not followed. The parliament also adopted conclusions by which it withdraws the formerly given consent to delegate some of Republic of Srpska’s authority to the state of Bosnia and Herzegovina.

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    The same conclusions also require the government to propose adequate legislation within six months, which would enable normal functioning in view of the transfer of authority and competencies, formerly given to the federal level, back to the Republic of Srpska. The opposition parties criticized this move as a risky one, which can potentially bring more harm than good.

    Postwar Design

    This news provoked outrage in the centers of Western political power as well as in many mainstream Western media. The European Union and the governments of the US, UK, Germany and France have condemned these conclusions, calling for the respect of the Bosnian state institutions and the Dayton Peace Agreement that ended the war in the former Yugoslav Republic of Bosnia and Herzegovina and established the state in its postwar design.

    This may seem a somewhat paradoxical situation given that the Western governments that criticize the leadership of the Republic of Srpska affirm the Dayton Accords, while the leadership in Banja Luka and especially Milorad Dodik — the Serb member of the collective presidency of Bosnia and Herzegovina, by far the strongest political figure in the Republic of Srpska — likewise express their unreserved support Dayton. Dodik has repeatedly claimed that the only way for Bosnia and Herzegovina to continue to exist as a state is the return to the Dayton Agreement and stick to all its articles.

    The problem, however, is not simply a formal one. It is deeply political. The current crisis was triggered by the former high representative in Bosnia and Herzegovina, Valentin Inzko, who outlawed the denial of the Srebrenica massacre as well as any questioning of the qualification of this crime as genocide.

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    This was the last straw that broke the camel’s back, as it were, leading the leaders of the Bosnian Serbs immediately to declare that if this legislation — perceived as anti-Serb — is not annulled, they would take steps toward protecting Bosnian Serbs and their entity from illegitimate and oppressive measures coming from the Office of the High Representative. The high representative is best described as the foreign governor of Bosnia and Herzegovina — acting, in reality, as an exponent of the most influential Western governments — with enormous powers and no democratic legitimacy. 

    The Dayton Agreement may have put an end to the war back in 1995, but it created a state which, in one sense, was stillborn. The Bosnian–Herzegovinian Serbs obtained the Republic of Srpska, with which they have primarily identified ever since. Bosnian–Herzegovinian Croats, as the third major ethnic/national community in Bosnia and Herzegovina — although much smaller than the Muslim/Bosniak and Serb ethnic/national groups — ended up without their own entity within the newly established Bosnia and Herzegovina.

    Instead, they were included into the Federation of Bosnia and Herzegovina as the other constitutive part of the state of Bosnia and Herzegovina, in addition to the Republic of Srpska. This is what is still provoking dissatisfaction among many Bosnian Croats and the reason why many, if not the majority of them, perceive Croatia, not Bosnia and Herzegovina, as their “home” country.

    Small Yugoslavia

    This means that only among Bosnian Muslims/Bosniaks one can find an overwhelming commitment to Bosnia and Herzegovina. In this political dynamic lies the reason why many Bosnian Muslim/Bosniak politicians advocate for a unitary state — and the eventual dissolution of the Republic of Srpska by taking away its key competencies — and for the abandoning of any ethnic/national principles in the election of political representatives under the pretext that this is in accordance with liberal-democratic principles.

    However, this is precisely what is perceived as a threat among many Bosnian Serbs and Croats, since the Muslim/Bosniak ethnic group is the largest one, which means that in practice it would be able to impose its will unto the other two major ethnicities and the institutions that were initially designed to prevent such discrimination.

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    This means that the “small Yugoslavia,” as Bosnia and Herzegovina used to be called because of its diverse religious and ethnic landscape reminiscent of Yugoslavia as a whole, is facing similar problems that former (big) Yugoslavia failed to resolve. The position of Muslims/Bosniaks (and their leadership) in Bosnia and Herzegovina can be seen in parallel to the position of Serbs in Yugoslavia.

    As the Serbs were the biggest ethnic group present in significant numbers in most Yugoslav republics, the overwhelming majority of Serbs were in support of Yugoslavia as a state. This, however, was perceived by many other ethnic communities as potential oppressiveness. The Serbs thus ended up being the only ones trying to save Yugoslavia from dissolution.

    Similarly, Muslims/Bosniaks in Bosnia and Herzegovina, being the biggest ethnic/national community, perceive Bosnia and Herzegovina as their country and are trying to centralize and preserve it at all costs, even though this is perceived as oppression by the members of other ethnicities. For many Bosnian Serbs, the survival of Bosnia and Herzegovina is also a question of principle. They often posit the question that if former Yugoslavia could collapse and new states be established from its constitutive parts, why can’t the same happen in Bosnia and Herzegovina?

    Here we come to another major piece of the complicated Bosnian puzzle: the international factor. It was the Western governments — and primarily the US — under whose auspices postwar Bosnia and Herzegovina was created, with its highly inefficient structures and with the Office of the High Representative who, over time, obtained pharaonic powers. Naturally, the governments of the countries that have sponsored this arrangement are unwilling to admit that the whole experiment was a tremendous failure and that their interventions have actively prevented the development of democracy in Bosnia and Herzegovina.

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    In addition, Bosnia and Herzegovina, just as the Balkans as a whole, is also the terrain for bigger games and powerplay between the US-led alliance (which, in reality, is much less coherent than it is claimed), Russia and Turkey. Western politicians and the media are trying to explain the situation to the Western audience by blaming the local politicians, especially the Bosnian Serb leadership, as pro-Russian. What they are selling to their citizens is the story that everything will be fine as soon as the old politicians go and new ones, loyal to the West, take over.

    However, blaming everything on corrupt and irresponsible political elites will not resolve the structural problems that are, to a large extent, created by generous Western support. Yes, political elites — and not only in the Balkans — tend to be corrupt, irresponsible and ready to exploit people’s misery and nationalistic sentiments to their own advantage. This is, however, only one dimension to the complex story that tends to be grossly oversimplified in the mainstream Western media. The real problems are deeper, and the policies of influential Western governments are still only adding fuel to the fire.

    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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    Washington’s Tawdry Victory Over Julian Assange

    Last week witnessed the 80th anniversary of a moment in history qualified by Franklin D. Roosevelt as “a date which will live in infamy.” On December 8, 1941, the president announced that the United States was declaring war after Japan’s unprovoked attack on Pearl Harbor a day earlier. A nation that had spent two decades wallowing in isolationism instantly became one of the principal and most powerful actors in a new world war. Victory on two fronts, against Germany and Japan, would be achieved successively in 1944 and 1945.

    Last week ended with its own day of infamy when a British court overturned an earlier judgment banning the extradition to the US of WikiLeaks founder Julian Assange. Following in the footsteps of the Trump administration, President Joe Biden’s Justice Department successfully appealed the ban in its relentless effort to judge Assange for violating the 1917 Espionage Act, itself a relic of the history of the First World War.

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    Back then, President Woodrow Wilson’s government pulled no jingoistic punches when promoting America’s participation in Europe’s war. It actively incited the population to indulge in xenophobia. Public paranoia targeting Germany, the nation’s enemy, reached such a pitch that Beethoven was banned from the concert stage, sauerkraut was officially renamed “liberty cabbage” and hamburger “liberty steak.”

    The manifestly paranoid Espionage Act sought to punish anyone who “communicates, delivers, or transmits, or attempts to communicate, deliver or transmit to any foreign government … any document, writing, code book, signal book, sketch, photograph, etc.” The law, specifically for a state of war, was so extreme it was rarely used until Barack Obama unearthed it as the elegant solution for suppressing the whistleblowers he had vowed to defend in his first presidential campaign.

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    Despite overindulging his taste for punishing whistleblowers, Obama refrained from seeking to extradite Assange. He feared it might appear as an assault on freedom of the press and might even incriminate The New York Times, which had published the WikiLeaks documents in 2010. In the meantime, Democrats found a stronger reason to blame Assange. He had leaked the Democratic National Committee’s emails during the 2016 presidential primary campaign. Democrats blamed the Australian for electing Donald Trump.

    During his 2016 campaign, Trump repeatedly praised WikiLeaks for its willingness to expose the undemocratic practices of the Clinton campaign. But once in power, Trump’s administration vindictively demanded Assange’s extradition from the UK for having revealed war crimes that deserved being hidden for eternity from the prying eyes of journalists and historians. 

    Many observers expected Biden to return to the prudent wisdom of Obama and break with Trump’s vindictive initiative. He could have quietly accepted the British judge’s decision pronounced in January. Instead, his Justice Department appealed. Unlike Trump, who sought to undermine everything Obama had achieved, Biden has surprisingly revealed a deep, largely passive respect for his predecessor’s most dangerous innovations — not challenging corporate tax cuts, the withdrawal from the Iran nuclear deal and Trump’s aggressive support for Israel’s most oppressive policies with regard to Palestinians.

    Biden’s eagerness to follow Trump’s gambit aimed at subjecting Assange to the US brand of military-style justice allowed New York Times journalists Megan Specia and Charlie Savage to describe Friday’s decision by the British court as a success for the administration. “The ruling was a victory,” they wrote, “at least for now, for the Biden administration, which has pursued an effort to prosecute Mr. Assange begun under the Trump administration.”

    Today’s Daily Devil’s Dictionary definition:

    Victory:

    Triumph in combat, including, at two extremes, cases marked by heroic action and others prompted by malicious self-serving motives and driven by the perpetrator’s confusion of the idea of justice with sadistic, vindictive pleasure

    Contextual Note

    The Times journalists quote Wyn Hornbuckle, a Justice Department spokesman, who “said the government was ‘pleased by the ruling’ and would have no further comment.” At no point in the article do the authors evoke the hypothesis that Biden might have sought to overturn Trump’s policy. Nor do they analyze the reasons that could undermine the government’s case. They do quote several of Assange’s supporters, including one who called “on the Biden administration again to withdraw” the charge. Serious observers of the media might expect that a pillar of the press in a liberal democracy might be tempted to express its own concern with laws and policies that risk threatening its own freedom. Not The New York Times. This story didn’t even make its front page. None of its columnists deemed it deserving of comment.

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    Journalist Kalinga Seneviratne, writing for The Manila Times, offered a radical contrast. “If this year’s Nobel Peace Prize is about promoting ‘press freedom,’” he speculates, “the Norwegian Nobel Committee missed a golden opportunity to make a powerful statement at a time when such freedom is under threat in the very countries that have traditionally claimed a patent on it.” He quotes the UN’s special rapporteur on torture, Nils Melzer, who claims that “what has been done to Julian Assange is not to punish or coerce him, but to silence him and to do so in broad daylight, making visible to the entire world that those who expose the misconduct of the powerful no longer enjoy the protection of the law.” 

    Deutsche Welle’s Matthias von Hein noted the interesting coincidence that three converging events took place on the same day. “In a bitter twist of irony,” he writes, “a court in London has essentially paved the way for Assange’s prosecution on Human Rights Day — of all days. And how ironic that it happened on the day two journalists were honored with the Nobel Peace Prize in Oslo. Last, but not least, it coincided with the second day of the Summit on Democracy organized by US President Joe Biden.”

    Von Hein added this observation: “We’re constantly hearing how Western democracies are in competition with autocratic systems. If Biden is serious about that, he should strive to be better than the world’s dictators.” But, as the saying goes, you can’t teach a 79-year old dog new tricks.

    Historical Note

    The coincidences do not end there. On the same day the news of Julian Assange’s fate emerged, Yahoo’s investigative reporter Michael Isikoff recounted the story of another man “brought to justice” by US authorities: Mohamedou Ould Slahi. The Mauritanian citizen had the privilege of spending 14 years in the Guantanamo Bay prison in Cuba without ever being charged with a crime, even after confessing to the crimes imagined by his torturers.

    It turns out to be a touching moral tale. Even after years of imprisonment and gruesome torture, Slahi “holds no personal animus against his interrogators.” According to Isikoff, “he has even met and bonded with some of those interrogators,” years after the event. “I took it upon myself,” Slahi explained, “to be a nice person and took a vow of kindness no matter what. And you cannot have a vow of kindness without forgiving people.”

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    It wasn’t the Prophet Muhammad who said, “turn the other cheek” or “Forgive, and you will be forgiven.” Those words were spoken by the man George W. Bush and Donald Rumsfeld claimed to revere and whom Bush considered his “favorite philosopher.” The Quran did continue the original Christian insight, pronouncing that “retribution for an evil act is an evil one like it,” and that reconciliation and forgiveness will be rewarded by Allah.

    There has clearly been no forgiveness in Washington for the “evil” committed by Assange: exposing war crimes conducted in secret with American taxpayers’ money. Slahi’s torture was conducted by the declared proponents of “Judeo-Christian” culture. Shahi’s forgiveness stands as an example of what that culture claims as a virtue but fails to embrace in its own actions.

    Shahi is reconciled with his interrogators. But does he also feel reconciled with those who gave them their orders? In 2019, he said, “I accept that the United States should follow and put to trial all the people who are harming their citizens. I agree with that. But I disagree with them that if they suspect you, they kidnap you, they torture you, and let you rot in prison for 15 or 16 years. And then they dump you in your country and they say you cannot have your passport because you have already seen so many things that we don’t want you to travel around the world to talk about.”

    Despite appearances, Mohamedou Ould Shahi’s case is not all that different from Julian Assange’s.

    *[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 Daily Devil’s Dictionary on Fair Observer.]

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