Click the link for a full transcript of “What We Need To Talk About When We Talk About Taiwan.“

The Likelihood of Invasion

In stark terms, Oriana Skylar Mastro, a center fellow at the Freeman Spogli Institute for International Studies, believes there’s a 100% chance China will use some sort of force against Taiwan in the next five years. For the last twenty years, China has been making concerted efforts to modernize its military and increase its capabilities not only to assert force against Taiwan, but to deter intervention from the United States.

In the majority of scenarios, the United States wins in a conflict with China over Taiwan. But the United States also carries a distinct geographic disadvantage. The distance across the Taiwan Strait between the island and mainland China is approximately 100 miles, which is roughly the distance between Richmond, Virginia and Washington D.C. If China moves quickly, PRC forces could take Taiwan before U.S. forces have time to move into position.

When considering possible outcomes in Taiwan, it is equally important to consider the motivations driving Beijing’s ambitions. The leadership on the mainland has been planning and thinking about how to retake Taiwan since 1949. With the modernized capabilities coming online, the balance of power has shifted in China’s military favor, and the cost-benefit calculus favors Beijing’s ambitions. The long-term planning stage is now reaching its end, and the prospects of direct action are increasing.

The View from Taipei

Political leaders in Taiwan recognize the growing danger they face across the Strait. In Larry Diamond’s assessment, the end of Hong Kong's autonomy and the suppression of the “one country, two systems” model, the rising military incursions into Taiwan's air defense identification zone and coastal waters, and the whole rising pace of Chinese military intimidation has sobered Taiwan and visibly impacted Taiwanese public opinion.

Concerningly though, while the political elite recognize the real and present danger of the situation, polling of the general Taiwan public suggests that the vast majority of citizens still feel like an attack or an invasion by China is unlikely. Similar majorities suggest that they would be willing to fight in Taiwan’s defense, but volunteering for military service remains at a minimum.

To maximize safety, Taiwan needs to find ways to strengthen itself in its ability to defend, resist, and deter China, while still avoiding any appearance of moving toward permanent independence or any other action that could be deemed by Beijing as a provocation, says Diamond.

What the United States Can Do

When it comes to the defense of Taiwan, the strategic crutch hobbling the United States is geography. Most of the U.S. Pacific forces are not in Asia. The majority are in Hawaii and California, as well as a few bases and airfields in Japan. To be able to effectively deter China, the U.S. needs far greater forward deployed military capability in order to be able to either stop or stall the movement of Chinese troops into Taiwan, says Mastro.

Taiwan needs greater onshore military deterrence capabilities as well. One such strategy is the “porcupine approach,” which increases the number of smaller mobile lethal weapons. By Larry Diamond’s assessment, increased citizen participation in military training is also crucial, with an emphasis on weapons training and urban defense tactics. The U.S. could support these aims by overhauling the current system for weapons procurement to speed up the production and delivery of weapons systems not just for Taiwan, but to the benefit of U.S. defense and other contingencies as well. Working with leadership to create strategic stockpiles of food, and energy should also be a priority, says Diamond.

The U.S. also needs to put much more effort into its diplomatic efforts on behalf of Taiwan. Many U.S. allies and partners are reluctant to ostracize China because of economic ties and concerns over sparking their own conflict with China in the future. A key ally in all of this is Japan. If Japan fights with the United States on behalf of Taiwan, it is a guaranteed win and enough to effectively deter China. But much more needs to be done much more quickly in order to secure those guarantees and present them in a convincing way to Beijing.

“The clock is ticking,” Larry Diamond says. “And the problem is we don’t know how fast it’s ticking. “Taiwan is moving in the right direction. But we need to move faster than we're moving.”

The following commentary has been edited for clarity and length, and does not represent the full extent of the panel’s discussion.
 

Rethinking Assumptions about Russia and Putin

Kathryn Stoner

Right now, Putin is the most vulnerable he's ever been in 22 years in power. But I don’t believe he's under so much pressure at this point that he is about to leave office anytime soon. Autocracies do not usually die by popular mobilization, unfortunately. More often they end through an elite coup or turnover. And since the end of WWII, the research has shown that about 75% of the time autocracies are typically replaced by another autocracy, or the perpetuation of the same autocracy, just with a different leader. So, if Putin were replaced, you might get a milder form of autocracy in Russia, but I don't think you are suddenly going to create a liberal democracy.

This means that we in the West, and particularly in the U.S., need to think very hard about our strategies and how we are going to manage our relationships with Putin and his allies. This time last year, the U.S. broadcast that we basically wanted Russia to calm down so we could pivot to China. That’s an invitation to not calm down, and I think it was a mistake to transmit that as policy.

We need to pay attention to what Russia has been doing. They are the second biggest purveyor of weapons globally after the United States. They will sell to anyone. They’ve been forgiving loans throughout Sub Saharan Africa from the Soviet period and using that as a way of bargaining for access to natural resources. They’re marketing oil, selling infrastructure, and building railroads. Wherever there is a vacuum, someone will fill it, and that includes Russia every bit as much as China. We need to realize that we are in competition with both Russia and China, and develop our policies and outreach accordingly.

Confronting Autocracy at Home and Abroad

Anna Grzymala-Busse

Why is Putin in Ukraine? Because the fact that there is a democratic country right next door to Russia is an affront to him. Putin doesn’t care that much about NATO. The fact that nothing happened when Sweden joined is some evidence of this. That’s something to keep in mind as people are debating NATO and Ukraine and Ukraine’s possible future as a member.

NATO membership and EU membership are both wonderful things. But more fundamental that that, this war has to be won first. That’s why I think it’s necessary in the next six months to speed up the support for Ukraine by ensuring there’s a steady stream of armaments, training personnel, and providing other military support.

There’s been incredible unity on Ukraine over the last seven months across the EU, NATO, and amongst our allies. But our recent history with President Trump reminds us how fragile these international commitments can be. In foreign policy, it used to be understood that America stands for liberal democracy. But we had a president of the United States who was more than happy to sidle up to some of the worst autocrats in the world. That’s why we can’t afford to leave rising populism around the world unaddressed and fail to engage with voters. When we do that, we allow far right parties to grab those votes and go unopposed. Whatever happens domestically impacts what happens internationally.

The Consequences of Nuclear Sabre-Rattling

Scott Sagan

We have to very clear-eyed when we’re talking about the threat, however improbable, of the use of a nuclear weapon. When it comes to the deployment of a tactical nuclear weapon, its kinetic effects depend on both the size of the weapon, the yield, and the target. Tactical weapons range in yield from very low — 5-10% of what was in the Hiroshima bomb — to as large as what was used against Hiroshima and Nagasaki. If that kind of weapon was used on an urban target, it would produce widescale effects. In a battlefield or rural area, it would have a relatively small impact.

But in the bigger picture, what any use of a weapon like this does is break a 70+ year tradition of non-use. Those seventy years have been dicey and fragile, but they have held so far. A tradition that is broken creates a precedent, and once there’s a precedent, it makes it much easier for someone to transgress the tradition again. So even if a decision was made to use a tactical weapon with little kinetic importance for strategic effect, I think we still need to be worried about it.

Personalistic dictators surround themselves with yes men. They make lonely decisions by themselves, often filled with vengeance and delusion because no one can tell them otherwise. They don't have the checks and balances. But I want to make one point about a potential coup or overthrow. Putin has done a lot to protect himself against that. But improbable events happen all the time, especially when leaders make really, really bad decisions. That’s not something we should be calling for as official U.S. policy, but it should be our hope.

Cycles of Conflict, Climate Change, and Food Insecurity

Marshall Burke

The estimates right now project that there are 350 million people around the world facing acute food insecurity. That means 350 million people who literally don’t have enough to eat. That’s roughly double what it was pre-COVID. The factors driving that are things like supply chain disruptions from the pandemic and climate shocks, but also because of ongoing conflict happening around the world, Ukraine included.

There was an early concern that the war in Ukraine would be a huge threat to global food security. That largely has not been the case so far, at least directly. Opening the grain corridors through the Black Sea has been crucial to this, and it’s critical that we keep those open and keep the wheat flowing out. Research shows that unrest increases when food prices spike, so it’s important for security everywhere to keep wheat prices down.

What I’m worried about now is natural gas prices. With high global natural gas prices, that means making fertilizer is also very expensive and prices have increased up to 300% relative to a few years ago. If they stay that high, this is going to be a long-term problem we will have to find a way of reckoning with on top of the other effects from climate change already impacting global crop production and the global economy.

Ukraine After the War

Francis Fukuyama

I've been more optimistic about the prospects for Ukraine taking back territory for more of this war, just because of the vast difference in motivation between the two sides and the supply of modern weapons that Ukraine has been getting. But I don’t know what the conditions on the ground will look like when the decision to negotiate comes. Will Russia still be sitting on occupied territory? Are they kicked out entirely? Or are the frontlines close to where they are now?

As I’ve observed, Ukraine's demands have shifted depending on how they perceive the war going on. There was a point earlier this summer where they hinted that a return to the February 23 borderlines would be acceptable. But now with their recent successes, they're saying they want everything back to the 2014 lines. What actually happens will depend on what the military situation looks like next spring, by my guess.

However the war does end, I think Ukraine actually has a big opportunity ahead of them. Putin has unwittingly become the father of a new Ukrainian nation. The stresses of the war have created a very strong sense of national identity in Ukraine that didn’t exist previously. It’s accurate that Ukraine had significant problems with corruption and defective institutions before, but I think there’s going to be a great push to rout that out. Even things like the Azov steel factory being bombed out of existence is probably a good thing in the long run, because Ukraine was far too dependent on 20^th-century coal, steel, and heavy industry. Now they have an opportunity to make a break from all of that.

There are going to be challenges, obviously. We’ll have to watch very carefully what Zelenskyy chooses to do with the commanding position he has at the moment, and whether the government will be able to release power back to the people and restore its institutions. But Europe and the West and our allies are going to have a really big role in the reconstruction of Ukraine, and that should be regarded by everyone as a tremendous opportunity.

Victory in Ukraine, Victory for Democracy

Michael McFaul

Nobody likes a loser, and right now, Putin is losing strategically, tactically, and morally. Now, he doesn’t really care about what Biden or NATO or the West think about him. But he does care about what the autocrats think about him, especially Xi Jinping. And with reports coming out of the Shanghai Cooperation Organization that Xi has “concerns” about what’s happening in Ukraine, Putin is feeling that pressure. I think that's why he has decided he needs to double down, not to negotiate, but to try and “win” in some way as defined by him.

In my view, that’s what’s behind the seizure of these four regions. If he feels like he can unequivocally claim them as part of Russia, then maybe he will sue for peace. And that’s exactly what President Zelenskyy fears. Why? Because that’s exactly what happened in 2014. Putin took Crimea, then turned around to the countries of the world and said, “Aren’t we all tired of war? Can’t we just have peace? I’m ready to end the war, as long as you recognize the new borders.” And, let’s be honest, we did.

We keep hearing politicians say we should put pressure for peace negotiations. I challenge any of them to explain their strategy for getting Putin to talk about peace. There is no doubt in my mind that President Zelenskyy would sit down tomorrow to negotiate if there was a real prospect for peace negotiations. But there's also no doubt in my mind right now that Putin has zero interest in peace talks.

Like Dr. Fukuyama, I don’t know how this war will end. But there's nobody inside or outside of Russia that thinks it’s going well. I personally know a lot of people that believe in democracy in Russia. They believe in democracy just as much as you or I. I’ve no doubt of their convictions. But they’re in jail, or in exile today.

If we want to help Russia in the post-Putin world, we have to think about democracy. There’s not a lot we can do to directly help democracy in Russia right now. But we should be doing everything to help democracy in Ukraine.  It didn’t happen in 1991. It didn’t happen in 2004. It didn’t happen in 2014. They had those breakthroughs and those revolutionary moments, but we as the democratic world collectively didn’t get it right. This is our moment to get it right, both as a way of helping Ukraine secure its future, and to give inspiration to “small-d” democrats fighting for rights across the world.

This analysis by Oriana Skylar Mastro originally appeared in The Interpreter, by the Lowy Institute.

China’s strategy in responding to concerns about its intentions in the South China Sea is to claim that none of the activities, statements or behaviours that concern other countries are actually happening.

China claims it has not militarised the South China Sea, but that the United States “is the real pusher of militarisation” in these waters. Its leaders often argue that China is a peace-loving country only interested in defending itself. As the China’s General Wei Fenghe stated at the Shangri-La Dialogue in 2018, “China has never provoked a war or conflict, nor has it ever invaded another country or taken an inch of land from others. In the future, no matter how strong it becomes, China shall never threaten anyone.”

China has similarly brushed off concerns of other claimants, such as Vietnam, about its intensifying military exercises in the South China Sea and largely ignored Australia’s assertion at the United Nations that China’s claims have no legal backing.

So apparently it is all one big misunderstanding.

On 24 November, former Chinese ambassador Fu Ying criticised the United States in a New York Times op-ed for raising multiple issues that in her mind do not exist. Thus, the way to resolve the growing bilateral tensions is for the two countries “to have candid talks to better understand each other’s intentions and cultivate trust”.

So, in the Chinese communist spirit of 实事求是, or “seeking truth from facts”, I have charted the military capabilities China has deployed to the South China Sea, which are displayed with references on the map below. The Paracel Islands and the Spratly Islands are under dispute; Hainan Island is a recognised part of China, but I include it because the military capabilities in situ have implications for Chinese military options in the South China Sea writ large.

This article originally appeared at Brookings.

March 18 marks the fifth anniversary of Russia’s illegal annexation of Crimea, which capped the most blatant land grab in Europe since World War II. While the simmering conflict in Donbas now dominates the headlines, it is possible to see a path to resolution there. It is much more difficult with Crimea, which will remain a problem between Kyiv and Moscow, and between the West and Russia, for years—if not decades—to come.

THE TAKING OF CRIMEA

In late February 2014, just days after the end of the Maidan Revolution and Victor Yanukovych’s flight from Kyiv, “little green men”—a term coined by Ukrainians—began seizing key facilities on the Crimean peninsula. The little green men were clearly professional soldiers by their bearing, carried Russian weapons, and wore Russian combat fatigues, but they had no identifying insignia. Vladimir Putin originally denied they were Russian soldiers; that April, he confirmed they were.

By early March, the Russian military had control of Crimea. Crimean authorities then proposed a referendum, which was held on March 16. It proved an illegitimate sham. To begin with, the referendum was illegal under Ukrainian law. Moreover, it offered voters two choices: to join Russia, or to restore Crimea’s 1992 constitution, which would have entailed significantly greater autonomy from Kyiv. Those on the peninsula who favored Crimea remaining a part of Ukraine under the current constitutional arrangements found no box to check.

The referendum unsurprisingly produced a Soviet-style result: 97 percent allegedly voted to join Russia with a turnout of 83 percent. A true referendum, fairly conducted, might have shown a significant number of Crimean voters in favor of joining Russia. Some 60 percent were ethnic Russians, and many might have concluded their economic situation would be better as a part Russia.

It was not, however, a fair referendum. It was conducted in polling places under armed guard, with no credible international observers, and with Russian journalists reporting that they had been allowed to vote. Two months later, a member of Putin’s Human Rights Council let slip that turnout had been more like 30 percent, with only half voting to join Russia.

Regardless, Moscow wasted no time. Crimean and Russian officials signed a “treaty of accession” just two days later, on March 18. Spurred by a fiery Putin speech, ratification by Russia’s rubberstamp Federation Assembly and Federation Council was finished by March 21.

ATTEMPTS TO JUSTIFY

Moscow’s actions violated the agreement among the post-Soviet states in 1991 to accept the then-existing republic borders. Those actions also violated commitments to respect Ukraine’s sovereignty, territorial integrity, and independence that Russia made in the 1994 Budapest Memorandum on Security Assurances for Ukraine and 1997 Ukrainian-Russian Treaty of Friendship, Cooperation and Partnership.

In late March 2014, Russia had to use its veto to block a U.N. Security Council resolution that, among other things, expressed support for Ukraine’s territorial integrity (there were 13 yes votes and one abstention). The Russians could not, however, veto a resolution in the U.N. General Assembly. It passed 100-11, affirming Ukraine’s territorial integrity and terming the Crimean referendum invalid.

Russian officials sought to justify the referendum as an act of self-determination. It was not an easy argument for the Kremlin to make, given the history of the two bloody wars that Russia waged in the 1990s and early 2000s to prevent Chechnya from exercising a right of self-determination.

Russian officials also cited Western recognition of Kosovo as justification. But that did not provide a particularly good model. Serbia subjected hundreds of thousands of Kosovar Albanians to ethnic-cleansing in 1999; by contrast, no ethnic-cleansing occurred in Crimea. Kosovo negotiated with Serbia to reach an amicable separation for years before declaring independence unilaterally. There were no negotiations with Kyiv over Crimea’s fate, and it took less than a month from the appearance of the little green men to Crimea’s annexation.

The military seizure of Crimea provoked a storm of criticism. The United States and European Union applied visa and financial sanctions, as well as prohibited their ships and aircraft from traveling to Crimea without Ukrainian permission. Those sanctions were minor, however, compared to those applied on Russia after it launched a proxy conflict in Donbas in April 2014, and particularly after a Russian-provided surface-to-air missile downed a Malaysian Air airliner carrying some 300 passengers.

Whereas Ukrainian forces on Crimea did not resist the Russian invasion (in part at the urging of the West), Kyiv resisted the appearance of little green men in Donbas. Before long, the Ukrainians found themselves fighting Russian troops as well as “separatist” forces. That conflict is now about to enter its sixth year.

Finding a settlement in Donbas has taken higher priority over resolving the status of Crimea—understandable given that some 13,000 have died and two million been displaced in the fighting in eastern Ukraine. Moscow seems to see the simmering conflict as a useful means to pressure and distract Kyiv, both to make instituting domestic reform more difficult and to hinder the deepening of ties between Ukraine and Europe.

Resolving the Donbas conflict will not prove easy. For example, the Kremlin may not be prepared to settle until it has some idea of where Ukraine fits in the broader European order, that is, its relationship with the European Union and NATO. But Russia has expressed no interest in annexing Donbas. While the seizure of Crimea proved very popular with the broader Russia public, the quagmire in Donbas has not. The most biting Western economic sanctions would come off of Russia if it left Donbas. At some point, the Kremlin may calculate that the costs outweigh the benefits and consent to a settlement that would allow restoration of Ukrainian sovereignty there.

Moscow will not, on the other hand, willingly give up Crimea. Russians assert a historical claim to the peninsula; Catherine the Great annexed the peninsula in 1783 following a war between Russia and the Ottoman Empire. (That said, Crimea was transferred from the Russian Soviet Federative Socialist Republic to the Ukrainian Soviet Socialist Republic in 1954, and, as noted above, the republics that emerged from the wreckage of the Soviet Union in 1991 agreed to accept the borders as then drawn.)

Retaining Crimea is especially important to Putin, who can offer the Russian people no real prospect of anything other than a stagnant economy and thus plays the nationalism and Russia-as-a-great-power cards. He gained a significant boost in public popularity (much of which has now dissipated) from the rapid and relatively bloodless takeover of the peninsula. Moreover, it offers a vehicle for Russia to maintain a festering border dispute with Ukraine, which the Kremlin may see as discouraging NATO members from getting too close to Ukraine.

Kyiv at present lacks the political, economic, and military leverage to force a return. Perhaps the most plausible route would require that Ukraine get its economic act together, dramatically rein in corruption, draw in large amounts of foreign investment, and realize its full economic potential, and then let the people in Crimea—who have seen no dramatic economic boom after becoming part of Russia—conclude that their economic lot would be better off back as a part of Ukraine.

For the West, Russia’s seizure and annexation of Crimea pose a fundamental challenge to the European order and the norms established by the 1975 Helsinki Final Act. The United States and Europe should continue their policy of non-recognition of Crimea’s illegal incorporation. They should also maintain Crimea-related sanctions on Russia, if for no other reason than to signal that such land grabs have no place in 21st-century Europe.

This article originally appeared at Radio Free Europe/Gandhara.

Political scientist Asfandyar Mir has studied security affairs in South Asia for years. Now a postdoctoral fellow at the Center for International Security and Cooperation at Stanford University, Mir explains the latest developments, old conflicts, and potential conflagrations in the ongoing crisis between nuclear-armed rivals India and Pakistan.

RFE/RL: Where do you see the military situation moving after India and Pakistan engaged in what appears to be retaliatory air strikes and cross-border shelling?

Asfandyar Mir: The current stand-off between India and Pakistan hasn't fully de-escalated, but it isn't as tense as it was some days ago. After Pakistan retaliated with air strikes against India on February 27, the crisis intensified -- it appeared the Indian government was considering a follow-on retaliation. In that backdrop, Pakistani Prime Minister Imran Khan's gesture of returning the Indian Air Force pilot, captured by Pakistan after his plane was shot down, lowered the political temperature, eased the situation somewhat. That said, military forces on both sides remain mobilized in large numbers, and the Indian government still hasn’t given a clear-cut signal of wanting to de-escalate.

RFE/RL: Do you see the current leadership in India and Pakistan as capable of deescalating given the domestic pressures they currently face?

Mir: The leadership of the two countries has different political incentives. On the Indian side, Prime Minister [Narendra] Modi still has incentives to re-escalate. He is going into a national election. His government’s economic performance has been weak, so he appears to be relying more on foreign policy issues like confronting Pakistan -- an issue the Indian electorate cares about. Pakistan’s shooting down of the Indian aircraft and capturing of the air force pilot also deeply embarrassed him and his political party, the Bhartiya Janata Party (BJP).

On the Pakistan side, two leaders matter: Prime Minister Imran Khan and chief of the country's powerful army, General Qamar Bajwa. After the first Indian military raid, both were left embarrassed before their key domestic audiences: Khan in front of his voter base and Bajwa in front of his officer corps.

However, Pakistan's retaliatory strikes not only reversed that damage but enhanced their domestic political standing. Now both the leaders want a deescalation. Khan has made his first move to deescalate. He is also insisting with a dialogue offer to India on terrorism on India's terms. What he hasn’t done and could do to defuse the situation is a crackdown against the group behind the February 14 terror attack, Jaish-e-Muhammed.

Khan, however, would need Bajwa’s support for such a crackdown. It remains unclear whether Bajwa would agree. The Pakistani military hasn’t acted against Pakistan-based jihadis operating in Kashmir. Instead, it has seen them as valuable allies in confronting India in Kashmir.

RFE/RL: What happens to the Kashmir issue now?

Mir: We remain very far from any meaningful progress on the dispute over Kashmir. In recent years, India has intensified its crackdown in Kashmir against violent and non-violent separatist groups. India also employs a heavy-handed counterinsurgency strategy, which frequently targets the civilian population. As a result, resentment in the Kashmiri population toward the Indian state remains very high. The Indian government continues to see a coercive approach instead of a political approach involving concessions as the way forward in the disputed region.

Pakistan also remains firm in its territorial claim over Kashmir. Given India’s unwillingness to make concessions and the deep alienation in the region toward the Indian state, Pakistan is likely to continue political and military support for the insurgency in Kashmir.

RFE/RL: What dangers do jihadi groups present to Pakistan?

Mir: It is commonly assumed that jihadi groups operating against India in Kashmir pose a direct threat to Pakistan. This was true a decade ago, when factions of Kashmir-focused jihadi groups defected toward transnational jihadis like Al-Qaeda. It appears that the process has stopped. Major Kashmir-focused jihadi groups based in Pakistan do not challenge the Pakistani government. These groups have also consolidated control over their cadres, preventing fragmentation toward Al-Qaeda and [the ultra-radical] Islamic State (IS).

This is not to say there are no indirect bad effects of such groups on Pakistan. These groups spawn a large jihadi infrastructure, which is a source of radicalization in the country. Pakistan continually faces international opprobrium, even from its allies like China privately, for allowing such groups to operate from its territory.

RFE/RL: What has the international community's role been in the current crisis?

Mir: [U.S.] President [Donald] Trump made an important statement in Hanoi on February 28, suggesting that the U.S. government has been involved in mediating an end to the India-Pakistan crisis. Besides the U.S., Saudi Arabia, the United Arab Emirates, China, and Russia have sought to deescalate the tensions.

Overall, Pakistan is under pressure from the international community for not doing enough to curb anti-India jihadi groups. Still, it is striking that beyond condemnation, the U.S. and other major powers have not pledged any material support to the Indian government like sanctions against Pakistani leadership or military support for Indian operations.

RFE/RL: Did nuclear weapons play a role in the current crisis?

Mir: Nuclear weapons have played a role. Following the first Indian air strike on February 26, the Pakistani military spokesman stated that the government was activating the body which decides the deployment and use of nuclear weapons. This was a clear-cut signal by Pakistan that it would use nuclear weapons if the crisis exacerbated. I believe that deterred a sizable Indian response after Pakistan conducted its retaliatory strikes on February 27.

This piece originally appeared at Brookings.

On November 25, Russian border patrol ships attacked and seized three Ukrainian naval vessels attempting to transit from the Black Sea to the Sea of Azov via the Kerch Strait. That violated both maritime law and a 2003 Ukraine-Russia agreement that governs passage through the strait.

The attack foreshadows a Russian bid to establish unilateral control over the Kerch Strait and perhaps blockade Ukrainian ports on the Sea of Azov. Unfortunately, the United States and Europe have reacted weakly, largely limiting their responses to expressions of concern. The West should make clear that Russia will face concrete consequences if it does not release the Ukrainian naval vessels and crews and allow Ukraine free passage through the strait.

WHAT HAPPENED?

On the morning of November 25, three Ukrainian naval vessels—a tug and two small gunboats—approached the southern entrance to the Kerch Strait. After transiting the Black Sea from Odesa, they sought to pass through the strait to a Ukrainian port on the Sea of Azov, following a course taken by two other Ukrainian gunboats in September. Although they were military vessels, the Ukrainian ships had a right of innocent passage. Moreover, a 2003 agreement between Ukraine and Russia states that Ukrainian- and Russian-flagged ships, both merchant ships and state non-commercial vessels, have a right to free navigation in the Strait of Kerch and Sea of Azov, which the sides consider the internal waters of Ukraine and Russia.

While Ukrainian and Russian accounts differ as to some details of what happened, their stories coincide on key points. Russian border patrol vessels intercepted the three Ukrainian ships in the southern approach to the strait, and the Russian vessel Don rammed the Ukrainian tug Yani Kapu. Video and audio from the Don make clear the Don’s intention to ram.

The Ukrainians say the Russian vessels sought to ram the Berdyansk and Nikipol gunboats as well, but the smaller, more agile Ukrainian ships successfully maneuvered out of the way (Russian aerial photos show the sides’ ships circling and maneuvering). In the process, it appears that the Russian vessel Izumrud rammed, or was rammed by, another Russian ship, possibly the Don.

The three Ukrainian ships then maintained station for much of the day in Russian-controlled waters at the south entrance to the Kerch Strait. In the meantime, the Russians physically blocked the main passage through the strait, positioning a tanker under the central span of the Kerch bridge.

That evening, apparently having concluded that they would not be allowed passage into the Sea of Azov, the Ukrainian vessels turned south toward the Black Sea, exiting the approach to the strait. Russian border patrol vessels intercepted the Ukrainian ships, ordered them to halt and then opened fire, wounding several Ukrainian crewmen. The Russians boarded and seized the Ukrainian vessels. Crucially, as Bellingcat has showed, Ukrainian and Russian data agree that the attack took place in the Black Sea more than 12 nautical miles off the coast of Russian-occupied Crimea—that is, in international waters. The Russian action is indefensible, particularly as the Ukrainian ships clearly were heading away from the Kerch Strait when attacked.

WHAT’S AT ISSUE?

Since seizing Crimea in 2014, the Russians have moved to tighten control over the Sea of Azov. The bridge they built to link the city of Kerch in Crimea to the Taman peninsula on the Russian mainland prevents the passage of larger ships that used to call at the Ukrainian port of Mariupol on the Sea of Azov. Mariupol is Ukraine’s third busiest port, exporting steel, iron and grain. Over the past nine months, the Ukrainians have complained that Russian patrol boats have stopped, boarded and/or harassed commercial vessels bound for Ukrainian ports on the Sea of Azov as well as Ukrainian fishing boats.

Russia seems to be trying to establish unilateral control over passage through the Kerch Strait and the Sea of Azov. The Ukrainians fear that Russia will impose an economic blockade on Ukrainian ports in a bid to up the economic pressure on Kyiv. During the week of November 26, the Ukrainians reported that ships bound for Ukrainian ports on the Sea of Azov were not being permitted passage through the Kerch Strait.

THE WEST IS CONCERNED

Late on November 25, the European Union and NATO called on Russia to ensure unhindered passage for Ukrainian ships into the Sea of Azov. Officials of various Western countries began speaking up the next day, indicating various degrees of concern. With thanks to @sovietsergey, we learned that:

• The Slovenian, Romanian, and Finnish foreign ministries and Swedish foreign minister were “deeply concerned.”
• The Austrian foreign minister was “seriously concerned.”
• The Dutch foreign minister was “severely concerned.”
• The Czech foreign ministry was “highly concerned.”
• The French foreign ministry was “profoundly concerned.”
• The G-7 foreign ministers expressed “utmost concern.”

Some went further. The Lithuanian foreign ministry, Canadian foreign minister, and EU president “condemned” the Russian action, while the British foreign secretary “utterly condemned” it.

Washington had nothing to say on the 25th. The next day, Ambassador to the U.N. Nikki Haley and Secretary of State Mike Pompeo made strong statements, but President Donald Trump almost immediately undercut them when he seemed to take a neutral position. National Security Advisor John Bolton did not help on November 27 when spelling out topics for the planned Trump meeting with Russian President Vladimir Putin on the margins of the G-20 summit; he had to be prompted to put Ukraine on the list.

In an interview that same day, Trump suggested he might cancel the meeting with Putin. On November 28, however, U.S. and Russian officials indicated that the meeting was on, which the president reaffirmed the morning of November 29 before heading to Andrews Air Force Base. Then, from Air Force One en route to Argentina, he tweeted that the meeting was off, citing Russia’s seizure of the Ukrainian ships and sailors (most thought the more likely reason was that morning’s news of the guilty plea by his former lawyer and reports about his company’s efforts to build a Trump Tower in Moscow).

Nothing suggests that these expressions of concern and condemnation, or Trump’s on again/off again handling of his meeting with Putin, caused anxiety in the Kremlin. Putin in Argentina brushed off the complaints of his Western counterparts. One week after the attack, the Yani Kapu, Berdyansk, and Nikipol remain impounded at a Russian facility in Kerch, the ships’ crews sit in Lefortovo Prison in Moscow, and Russia continues to harass ships traveling to Ukrainian

THE WEST SHOULD GET SERIOUS

Russia’s November 25 attack on the Ukrainian ships was a test of Kyiv’s reaction. It was also a test of how the West would respond. Unfortunately, the West is failing miserably. If the United States and Europe do not wish to see Russia solidify its control over the Sea of Azov and blockade Ukraine’s ports, they have to make clear to Moscow that there will be consequences.

The West could consider military steps such as increasing the tempo of visits by NATO warships to the Black Sea (that tempo has already increased since Russia’s seizure of Crimea). The presence of NATO warships, particularly U.S. Navy vessels capable of carrying sea-launched cruise missiles, clearly irks the Kremlin.

Some have suggested that NATO send warships into the Sea of Azov. That would not prove wise. First, it could well provoke a shooting conflict in a region where Russia has geographic advantages. Second, it would violate the 2003 agreement, which requires the approval of both Ukraine and Russia for third-country naval vessels to enter the Sea of Azov. The West should not take actions that would delegitimize that agreement, as it is critical to Ukraine’s claim for open access through the Kerch Strait.

The United States and other NATO countries, on a national basis, might weigh what additional military assistance would be appropriate for Ukraine in view of Russia’s latest military escalation.

The United States and European Union should consider additional economic sanctions on Russia. They could draw on the following list of examples:

• Prohibit U.S. and EU member state-flagged ships from calling on Russian ports on the Sea of Azov and Black Sea.
• Prohibit ships with cargos from Russian ports in the Sea of Azov and Black Sea from entering American and European ports. (Annegret Kramp-Karrenbauer, a close political ally of German Chancellor Angela Merkel and candidate to succeed her as head of Germany’s Christian Democratic Union, has already suggested closing European ports to ships from Russian ports on the Sea of Azov.)
• Target Russian state-owned banks or parastatal companies for specific sanctions. (In April, when the U.S. government announced sanctions on United Company Rusal, a large Russian-based aluminum producer, the company’s stock plunged by 50 percent, while the Moscow stock exchange’s index lost 8 percent. The Treasury Department subsequently eased the sanctions, but the case demonstrates that the West can inflict significant economic impacts on Russian entities.)
• Suspend work on the Nord Stream II pipeline. The pipeline project is dubious as a commercial project. Refurbishing the existing pipeline network that transits gas through Ukraine would be less expensive, but Moscow wishes to end the transit fees it pays Kyiv and have the ability to totally shut off gas into that pipeline network.

The Kremlin tries to put on a brave face about sanctions, but they do cause economic pain, particularly for a stagnant Russian economy that is growing at less than 2 percent per year. Making Moscow understand that unacceptable actions will have growing costs is key to changing calculations in the Kremlin.

This situation cries out for leadership from Washington, and it would behoove the Trump administration to act. First, it could coordinate with European allies on sanctions that would have broad impact and signal trans-Atlantic unity in the face of Russia’s unacceptable actions. Second, administration action would forestall new congressional sanctions, which likely would be less finely targeted and more difficult to remove if/when Russia corrected its misbehavior.

If the West takes no action, it should get used to Moscow treating the Sea of Azov as a virtual Russian lake. And it should think what next steps an emboldened Moscow will attempt in its conflict with Ukraine and hybrid campaign against the West.