Tuesday, 24 January 2017

A Glance at the Crimean War Through The Scope of Public International Law

By Victoria Tabut LLB (Hons)


The Crimean War[1] (also known in Russian historiography as the Eastern War) of 1853–1856 was a conflict in which Russia lost to an alliance of France, the United Kingdom, the Ottoman Empire, and Sardinia[2]. The immediate cause involved the rights of Christian minorities in the Holy Land, which was controlled by the Ottoman Empire[3][4]. The French promoted the rights of Catholics, while Russia promoted those of the Orthodox Christians[5]. The immediate chain of events leading to France and The United Kingdom declaring war on Russia in 1854 came from the ambition of the French emperor Napoleon III to restore the magnificence of France[6]. He wanted Catholic support that would come his way if he attacked Eastern Orthodoxy, as sponsored by Russia[7].


The Soviet state was born in 1917. That year, the revolutionary Bolsheviks overthrew the Russian czar and established a socialist state in the territory that had once belonged to the Russian empire. In 1922, Russia proper joined its far-flung republics in the Union of Soviet Socialist Republics. The first leader of this Soviet state was the Marxist revolutionary Vladimir Lenin[8].


The first revolution of 1989 took place in Poland, where the non-Communist trade unionists bargained for free and fair elections which were successful[9]. The Berlin Wall fell in November, and the velvet revolution in Czechoslovakia overthrew that country’s Communist government[10]. In December, however, violence reigned: A firing squad executed Romania’s Communist dictator, Nicolae Ceaucescu[11], and his wife. A poor economy combined with Gorbachev’s (the president) hands-off approach to Soviet satellites inspired a series of independence movements in the republics on the USSR’s fringes. The Baltic States (Estonia, Lithuania and Latvia) declared their independence from Moscow. Then, in early December, the Republic of Belarus, the Russian Federation and Ukraine broke away from the USSR and created the Commonwealth of Independent States[12]. Weeks later, they were followed by eight of the nine remaining republics. Georgia joined two years later[13].


In 2014, Russia made several incursions into Ukrainian territory, thus breaking the 1994 Budapest Memorandum. Starting with the 2014 Crimean crisis, soldiers of ambiguous affiliation began to take control of strategic positions and infrastructure within the Ukrainian territory of Crimea, which Russia then annexed[14].


Reasons for forceful Intervention.


There have been a number of justifications as to why Russia engaged in forceful intervention of Ukraine and annexed Crimea[15]. Ukraine and particularly the Crimean Peninsula have large Russian population that Vladimir Putin claimed to be protecting. Putin claimed that returning Crimea to Russia rights a historical wrong. According to Putin, transferring authority of Crimea to Ukraine in 1954 was a violation of Soviet law, and returning it to Russia corrects that mistake. Another claim was that Russia did not intend to seize more of Ukraine[16]. Putin claimed that Russia had no intention to annex more territory in eastern Ukraine. Russia also claimed that the West crossed the line by backing the then new government in Kiev, a regime which Putin accused of illegally seizing power in a coup.Russia is least concerned about sanctions leveled against them by the West. Many of the targeted officials laughed off the announcement of asset freezes and visa bans against them claiming that they have no holdings abroad hence making the sanctions have very little effect[17].


Most of these claims are not supported by International law, and in fact most of them are a violation of said laws. The U.N Charter under article 2(4) prohibits states from engaging in any threats or uses of force against other states. The transfer of one states armed forces into another state in significant numbers without consent falls within the prohibition. Use of force alone against another state may not be enough to trigger the harmed state’s right of self-defense[18]. However, most of these laws are politically motivated but remain valid due to the positivist school of thought that governs international law. These should not necessarily be the case, as it just validates wrongful acts. This is especially so when one analyses the properly so-called justifications for forceful intervention such as when the Security Council authorizes it under Chapter VII keeping in mind that Russia is essentially a communist state that subscribes to the Marxist school of thought[19].


Is Russia a Rogue State or a sly and smooth political operator?






A nation or state regarded as violating international law and posing a threat to the security of other nations. Governments that; violate human rights, sponsor terrorism, are a threat to neighbouring nations[20], seek weapons of mass destruction and defy international law[21].


Putin’s Russia could become the first major power to go rogue since Nazi Germany invaded Czechoslovakia with the excuse of protecting the German minority in Sudetenland. Putin is also using the “kith-and-kin” excuse for his actions against Ukraine[22].


The Russian authorities have introduced a series of restrictive laws, harassed, intimidated and in several cases imprisoned political activists, interference in the work of NGOs. Russian law passed last year banning "propaganda of nontraditional sexual relations" among minors has caused an international outcry. Putin defends Russia's anti-gay law by equating gays with pedophiles and says Russia needs to "cleanse" itself of homosexuality if it wants to increase its birth rate[23].


Several of Russia’s near and far neighbors would also feel threatened by Putin’s apparent decision to go rogue. Russia does not have border-demarcation accords with China or Japan and maintains territorial claims against both. It has two treaties with Tehran under which Moscow could land troops in Iran to “protect its legitimate interests.”[24] Russia’s borders with several other former Soviet republics are also threatened, among them Kazakhstan and Latvia.


By moving against Ukraine, Putin has violated not only international law but also a long list of treaties and agreements signed by the Soviet Union and then by Russia as its successor-state. Putin has violated two sets of treaties under which Ukraine agreed to allow the Russian navy to continue using the Soviet naval facilities in Sevastopol and Balaklava. Putin has violated the terms under which Russia is a member of the Organization for Security and Cooperation in Europe and ignored terms that enabled Russia to achieve a partnership agreement with NATO[25]. Needless to say, he has also made a mockery of Russia’s membership of the G-8[26].


Russia’s Strategic Missile Forces began a massive three-day exercise involving 10,000 soldiers and 1,000 pieces of equipment from more than 30 units[27]. The major purpose of the drill is to ensure Russia’s Strategic Missile Forces have sufficient readiness to conduct offensive operations involving the massive and simultaneous use of nuclear missiles[28]. There is overwhelming evidence of Russia’s direct and indirect involvement in the violence that rocked several eastern Ukrainian cities on April 2012–13.


Russian intelligence agents and spetsnaz special forces are directly involved; the weapons and uniforms worn by the terrorists are of Russian origin and the assaults on government buildings were clearly coordinated by Russian intelligence.


A political operator is someone who understands how the political system works, which people make the important decisions, and how to induce them to follow his agenda rather than somebody else's. He knows how to operate the political "machine" to make it do what he wants[29].


The personality cult surrounding Vladimir Putin far exceeds the one that surrounded Stalin and has become what can best be described as “the religion of a pagan empire”. Western and Russian analysts use the term Putinism[30] to characterize the ideology, priorities, and policies of Vladimir Putin and his system of government[31]. Various foreign publics hold a positive view and opinion of Vladimir Putin[32];


Conservatives perceive Putin as being, in terms of political positioning, and as an upholder of conservative and traditional norms and values, a natural ally against their own ‘corrupt’ national political leadership. The political brand of Putin is being projected as being one of ‘us’ (a conservative). His seemingly benevolent attitude toward religion (in particular Orthodoxy), anti-gay stance and tough attitude towards terrorism as well as his masculine public persona is seen as being attractive[33].


Leftist political orientation group is more focused upon aspects pertaining to Putin’s foreign policy (challenging US global hegemony) and his leadership style. Putin is seen as being a more principled political actor, more decisive and more honest as opposed Western politicians. He is politically positioned and branded as being a challenger to US hegemony. Therefore his track record of policies viewed within this particular frame and context[34]. Putin is seen as representing this groups interests through a confrontational stance with the US and EU. Putin can be seen as a champion in a cultural war or as a champion against a sinister global force[35].


The question as to whether Russia is a rogue state or a political operator is very subjective. It may be argued that Russia is a political operator due to; Subjectivity of the term ‘rogue state’[36], Influence of politics in the international arena[37] and Positive response accorded to Putin as a result of the invasion[38]


Conclusion.


Kenya is in Somalia as peace keepers, guarding its interests. Kenyan internal policy is one with its foreign policy; their interest abroad is the objective of its mission. Secondly the West remains united as it supports any opposition lot in any country experiencing social unrests in the name of democracy. Ever since multiparty era in Kenya, USA in particular with its allies like UK, Germany and France and the Scandinavian states sponsored multi-national bodies and NGOs for civil societies and human rights activists in disregard of the interference of internal affairs[39].


Pan African’s parliament supported the referendum meaning solidarity with Putin; and Russia is actively supporting African nations contrary to the west double standards gestures. Russia’s stand on African leaders’ effort in insistence to terminate ICC cases is firm. Putin also recently criticized NATO for its invasion of Libya and the assassination of Colonel Muammar Gadhafi[40].


Kenya should increase cultural and diplomatic ties with Moscow by signing agreements on full scholarships instead of partial ones and also increasing trade relations than before. This would weaken western diplomatic policy makers dictating on what a nation should do. Kenya should be in forefront during the International-Economic Forum to take place in St. Petersburg Russia to get support with Africa’s agenda regrouping of world nations which will be the beginning in the near future[41].













[1] Mara Kozelsky, "The Crimean War, 1853–56." Kritika: Explorations in Russian and Eurasian History 13.4 (2012): 903–917


[2] Anderson, Edgar (1969). "The Scandinavian Area and the Crimean War in the Baltic". Scandinavian Studies 41 (3): 263–275.


[3] Badem, Candan. The Ottoman Crimean War (1853–1856) (Leiden: Brill, 2010). 432 pp.


[4] Mara Kozelsky, "The Crimean War, 1853–56." Kritika: Explorations in Russian and Eurasian History 13.4 (2012): 903–917


[5] A.J.P. Taylor, The Struggle for Mastery in Europe: 1848–1918 (1954) p 61


[6] Small, Hugh (2007). The Crimean War. Tempus Publishing. pp. 23, 31.


[7] W. E. Mosse, "How Russia made peace September 1855 to April 1856." Cambridge Historical Journal (1955) 11#3 pp: 297–316.


[8] Stephen H. Hanson. Page 14. "the USSR was officially a Marxist-Leninist state"


[9]Julian Towster. Political Power in the U.S.S.R., 1917–1947: The Theory and Structure of Government in the Soviet State Oxford Univ. Press, 1948. p. 106.


[10] Hertle, Hans-Hermann (2007). "The Berlin Wall". Bonn: Federal Centre for Political Education.


[11] Edward Behr, Kiss the Hand you Cannot Bite,


[12] Rayfield, Donald (2004). Stalin and His Hangmen: An Authoritative Portrait of a Tyrant and Those Who Served Him.Viking Press.


[13] Declaration № 142-Н of the Soviet of the Republics of the Supreme Soviet of the Soviet Union, formally establishing the dissolution of the Soviet Union as a state and subject of international law. (Russian)


[14] http://www.themoscowtimes.com/opinion/article/how-putin-is-turning-russia-into-a-rogue-state/495985.html


[15] http://blogs.wsj.com/briefly/2014/03/18/5-reasons-vladimir-putin-gave-for-annexing-crimea/

[16] Putin's Playbook: The Strategy Behind Russia's Takeover of Crimea


[17] http://www.theatlantic.com/international/archive/2014/03/putins-playbook-the-strategy-behind-russias-takeover-of-crimea/284154/


[18] Article 51, the UN Charter.


[19]http://www.newrepublic.com/article/116819/international-law-russias-ukraine-intervention


[20] Triplett, William. (2004). Rogue state: how a nuclear North Korea threatens America


[21] Rotberg, Robert. (2007). Worst of the worst: dealing with repressive and rogue nations. World Peace Foundation.


[22]Derrida, Jacques. (2005). Rogues: Two Essays on Reason. Stanford University Press.


[23] WAMU 88.5 American University Radio, Washington D.C., Broadcast on 19 June, 10-11 a.m. / Daily Press Briefing, Monday, 19 June 2000, Briefer: Richard Boucher, Spokesman Department 5-10, "States of Concern" versus "Rogue states".


[24] Litwak, Robert. (2000). Rogue states and U.S. foreign policy: containment after the Cold War. Woodrow Wilson Center Press


[25] President Vladimir Putin’s Answers to Questions During a Meeting with His Election Campaign Representatives, February 12, 2004


[26] Ukraine crisis: Nato bolsters Eastern Europe against Russia". BBC News. 5 February 2015. Retrieved 4 March 2015.


[27] "Opening Statement by the Director-General to the Conference of the States Parties at its Sixteenth Session". OPCW. 28 November 2011. Retrieved 1 May2012.


[28] according to the report—which cites multiple senior Russian military officers—


[29]https://www.wordnik.com/words/political%20operator


[30] Aron, Leon (8 May 2008). "Putinism" (online). American Enterprise Institute for Public Policy Research. p. 16. Retrieved 2008-01-31


[31] Burrett, Tina. Television and Presidential Power in Putin's Russia (Routledge; 2010) 300 pages


[32] Sakwa, Richard (2008). Russian politics and society (4th ed.). Abingdon, Oxfordshire and Madison Avenue, New York City:Routledge


[33] Kanet Roger E., ed. Russian Foreign Policy in the 21st Century (Palgrave Macmillan; 2011) 295 pages;


[34] President Vladimir Putin’s Answers to Questions During a Meeting with His Election Campaign Representatives, February 12, 2004


[35] Sakwa, Richard (2008). Putin: Russia’s choice (2nd ed.). Abingdon, Oxfordshire


[36] Thompson, Janna. (2002). Is There Such a Thing as a Rogue State? Centre for Applied Philosophy and Public Ethics


[37] Allman, T. D. (2004). Rogue State: America at War with the World. Nation Books


[38] White, Stephen (2010). "Classifying Russia's Politics". In White, Stephen. Developments in Russian Politics 7. New York: Palgrave Macmillan.


[39] http://kassweekly.co.ke/KW/?p=194


[40] Ibid.


[41] Ibid.

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