Posted on March 31, 2014
BY BRAHMA CHELLANEY,
The Japan TimesThat we live in a world of rapid change has been confirmed by the way recent developments over Ukraine have transformed international geopolitics in just a few weeks. The looming cold war triggered by the U.S.-supported putsch in Kiev that deposed Ukraine’s constitutional order and by Russia’s muscular riposte, including annexing Crimea, portends the advent of a new era.U.S. President Barack Obama’s new sanctions approach toward Russia indeed sets the stage for a potential clash between Western democracy and what American ideologues call “Putinism.”
The geopolitical tensions, military deployments and strident rhetoric point to the risk of preemptive moves and miscalculations sparking an accidental confrontation. We need only to recall how a spiral of actions and counter-actions led to World War I a hundred years ago.
Russian President Vladimir Putin’s action in annexing Crimea violated Ukraine’s territorial integrity in breach of international law, even though it followed a referendum in this historically Russian region, where the majority of residents are indisputably with Russia.
Let us, however, not forget that the U.S. and NATO have flagrantly and repeatedly contravened international law in the past 15 years. It’s a long list — the bombing of Serbia, the separation of Kosovo from Serbia, the invasions of Afghanistan and Iraq without U.N. Security Council mandate, the overthrow of Moammar Gahdafi’s regime through aerial bombardment, the aiding of a still-raging bloody insurrection in Syria, and renditions and torture of terror suspects. The U.S. National Security Agency’s mass surveillance program also disregards international law.
An international system based on the rule of law cannot be good unless norms and rules are respected on all sides. Yet power often trumps international law. Neither the U.S. nor Russia respects international borders. America, for example, invoked its Monroe Doctrine to intervene, among others, in Panama, Chile, Cuba, Nicaragua, Grenada, the Dominican Republic and Venezuela.
International law tends to take a back seat when a major power asserts a right to protect vital security interests. Indeed, when a great power needs a threat to justify its intervention in another state, it invariably finds one. There is thus a long political history of world powers quoting international law to others but ignoring it when it comes in their way. The Ukraine case illustrates the international law of convenience.