Russia is extremely sensitive about foreign military activity adjacent to its borders, as any other country would be and the United States always has been. It has signaled repeatedly that it will stop at nothing to prevent NATO membership for Ukraine. Nevertheless, eventual Ukrainian membership in NATO has been an avowed objective of U.S. and NATO policy since the Bush-Cheney administration. This makes absolutely no sense. It is also dangerous to confront a nuclear-armed power with military threats on its border.
When I hear comments now such as, “Russia has no right to claim a ‘sphere of influence,’” I am puzzled. It is not a question of legal “rights” but of probable consequences. It is as if someone announces, “We never passed a law of gravity so we can ignore it.” No one is saying that Ukraine does not have a “right” to apply for NATO membership. Of course it does. The question is whether the members of the alliance would serve their own interest if they agreed. In fact they would assume a very dangerous liability.
I point this out as a veteran of the Cuban missile crisis of 1962. At that time I was assigned to the American embassy in Moscow and it fell to my lot to translate some of Khrushchev’s messages to President John Kennedy. Why is it relevant? Just this: in terms of international law, the Soviet Union had a “right” to place nuclear weapons on Cuba when the Cuban government requested them, the more so since the United States had deployed nuclear missiles of comparable range that could strike the USSR from Turkey. But it was an exceedingly dangerous move since the United States had total military dominance of the Caribbean and under no circumstances would tolerate the deployment of nuclear missiles in its backyard. Fortunately for both countries and the rest of the world, Kennedy and Khrushchev were able to defuse the situation. Only later did we learn how close we came to a nuclear exchange.
As for the future, the only thing that will convince Moscow to withdraw its military support from the separatist regimes in the Donbas will be Kyiv’s willingness to implement the Minsk agreement. As for the Crimea, it is likely to be a de facto part of Russia for the foreseeable future, whether or not the West recognizes that as “legal.” For decades, the U.S. and most of its Western allies refused to recognize the incorporation of the three Baltic countries in the Soviet Union. This eventually was an important factor in their liberation. However, the Crimea is quite different in one key respect: most of its people, being Russian, prefer to be in Russia. In fact, one can argue that it is in the political interest of Ukrainian nationalists to have Crimea in Russia. Without the votes from Crimea, Viktor Yanukovich would never have been elected president.
One persistent U.S. demand is that Ukraine’s territorial integrity be restored. Indeed, the U.S. is party to the Budapest Memorandum in which Russia guaranteed Ukraine’s territorial integrity in return for Ukraine’s transfer of Soviet nuclear weapons to Russia for destruction in accord with U.S.-Soviet arms control agreements. What the U.S. demand ignores is that, under traditional international law, agreements remain valid rebus sic stantibus (things remaining the same).
When the Budapest memorandum was signed in 1994 there was no plan to expand NATO to the east and Gorbachev had been assured in 1990 that the alliance would not expand. When in fact it did expand right up to Russia’s borders, Russia was confronted with a radically different strategic situation than existed when the Budapest agreement was signed.
Furthermore, Russians would argue that the U.S. is interested in territorial integrity only when its interests are served. American governments have a record of ignoring it when convenient, as when it and its NATO allies violated Serbian territorial integrity by creating and then recognizing an independent Kosovo. Also, the United Sates violated the principle when it supported the separation of South Sudan from Sudan, Eritrea from Ethiopia, and East Timor from Indonesia.
[1] https://en.wikipedia.org/wiki/Jack_F._Matlock_Jr.
[2] https://www.krasnoevents.com/uploads/1/1/6/6/116679777/krasn...