Russia maintains the world’s largest nuclear arsenal and the most powerful conventional military forces in Europe. Russian military units currently are deployed — uninvited and unwanted — in Ukraine, Georgia, and Moldova. As Russia’s massing of military power near Ukraine prompted a crisis, President Vladimir Putin has demanded legally-binding security guarantees for… Russia.

On December 17, the Russian Ministry of Foreign Affairs took the unusual step of publishing draft U.S.-Russia and NATO-Russia agreements that encapsulate Moscow’s desired guarantees. The substance of the drafts and the way the Russians publicized them do not suggest a serious negotiating bid.

If the Kremlin is serious about negotiating and deescalates the situation near Ukraine, the West could engage on some elements of the drafts. Many, however, will go nowhere — as Moscow surely knew.

DRAFT NATO-RUSSIA AGREEMENT

Russia’s draft “Agreement on Measures to Ensure the Security of the Russian Federation and Member States of the North Atlantic Treaty Organization” would require that NATO members commit to no further enlargement of the alliance, including in particular to Ukraine. There is little enthusiasm within NATO now for putting Ukraine on a membership track, as Putin and other Russian officials undoubtedly understand. However, the alliance will not reverse its long-standing “open door” policy. That would require consensus, and few allies, let alone all 30, would agree that Russia can dictate NATO policy in this way.

This suggests that a middle ground of “not now but not never” might offer a way to kick this thorny can down the road. That is, if Moscow wishes to defuse the situation.

Another article in the Russian draft would require that NATO deploy no forces or weapons in countries that joined the alliance after May 1997. That month, NATO committed not to permanently station substantial combat forces in new members and said it had “no intention, no plan, and no reason” to deploy nuclear weapons on their territory. From 1997 to 2014, NATO deployed virtually no troops or equipment in new member states.

That changed following Russia’s seizure of Crimea. NATO now deploys, on a rotating basis, relatively small multinational battlegroups in the Baltic states and Poland. It is difficult to see NATO agreeing to withdraw them absent a significant change in Russia’s military posture. However, the draft treaty would impose no requirements for redeployment of Russian forces.

Such provisions will prove non-starters with the alliance. Others might get a more positive reception. These include language on consultative mechanisms, such as the NATO-Russia Council, and the establishment of a hotline between NATO and Russia. Indeed, NATO has proposed NATO-Russia Council meetings, though Moscow suspended diplomatic relations with NATO in October.

The draft treaty also would bar deployment of intermediate-range missiles in areas where they could reach the other side’s territory. Of course, the 1987 Intermediate-Range Nuclear Forces Treaty banned all U.S. and Russian intermediate-range missiles. However, Russia’s deployment of the intermediate-range 9M729 cruise missile in violation of the treaty led to its collapse.

This idea sounds like Putin’s 2019 proposal for a moratorium on deploying intermediate-range missiles in Europe. While NATO turned that aside, it might be worth a second look, provided that Russia affirmed that it would apply to the 9M729 and had appropriate verification measures.

The draft treaty’s proposed bar on any NATO military activity in Ukraine, eastern Europe, the Caucasus, or Central Asia is an overreach, but some measures to limit military exercises and activities on a reciprocal basis might be possible. There is a history of such provisions, for example, the Vienna Document’s confidence- and security-building measures.

DRAFT U.S.-RUSSIA TREATY

The draft “Treaty between the United States of America and the Russian Federation on Security Guarantees” also contains unacceptable provisions. Washington likely will not agree to a requirement that the two countries “not implement security measures … that could undermine core security interests of the other Party.” Moscow has shown it has a very broad definition of what it thinks could undermine its security. Likewise, it is unrealistic to ask the United States to prevent further NATO enlargement; Washington will not agree to close the “open door,” and even if it were to do so, it could not persuade all 29 other allies to agree to change the policy.

While interest could develop in the draft NATO-Russia agreement’s provision on intermediate-range missiles, there will be no interest in the draft U.S.-Russia treaty provision which would effectively ban U.S. intermediate-range missiles from Europe while leaving Russia free to deploy such missiles against NATO countries. The provision limiting the ability of heavy bombers and surface warships to operate in and over international waters will find no fans in Washington or, for that matter, in the Russian military.

Discussion on other provisions regarding military activities might be possible. It is unreasonable for Moscow to seek a veto over Kyiv’s foreign policy direction. However, the concern expressed by Putin earlier in December and then repeated about U.S. offensive missiles in Ukraine able to strike Moscow in a matter of minutes poses a different question. That concern could prove easy to address, as there is no indication that Washington has ever considered it. Other such Russian concerns might also be addressed, along with U.S. (and NATO) concerns about certain Russian military activities.

The draft provision requiring that all nuclear weapons be deployed on national territory should go into another forum. Biden administration officials hope to begin a negotiation with Russia that would cover all U.S. and Russian nuclear arms. That is the proper place for this issue. Whether a requirement that all nuclear weapons be based on national territory would prove acceptable to Washington would depend on the overall agreement and consultations with allies.

PROPOSALS INTENDED TO FAIL?

The unacceptable provisions in the two draft agreements, their quick publication by the Russian government, and the peremptory terms used by Russian officials to describe Moscow’s demands raise concern that the Kremlin may want rejection. With large forces near Ukraine, Moscow could then cite that as another pretext for military action against its neighbor.

If, on the other hand, these draft agreements represent an opening bid, and the Russians seek a serious exchange that also addresses the security concerns of the other parties, some draft provisions could offer a basis for discussion and negotiation. The North Atlantic Council stated last week that NATO is “ready for meaningful dialogue with Russia.” U.S. national security adviser Jake Sullivan reiterated that point: “We’ve had dialogue with Russia on European security issues for the last 20 years… That has sometimes produced progress, sometimes produced deadlock. But we are fundamentally prepared for dialogue.”

A deescalation of the situation near Ukraine would help greatly. U.S. and NATO officials will not want to engage as long as Russia hangs a military threat over Kyiv. Another question is the format. Washington and Moscow can have bilateral discussions, but negotiations have to include all affected parties, including Ukraine. The United States and Russia cannot cut a deal over the heads of the Europeans and Ukrainians. As Sullivan said, “nothing about you without you.”

The sides should come to the table prepared to address the other’s legitimate security concerns. Agreeing on the meaning of “legitimate” will consume long hours. For example, it is unlikely that the United States (or NATO) will compromise on the principle — to which Moscow has agreed as a signatory to the 1975 Helsinki Final Act — that states have a right to choose their own foreign policy course. The question of military activities in the NATO-Russia region is a different issue, and NATO has already shown its readiness to undertake commitments in that regard.

These discussions and any negotiation will be long, complex, and arduous. That is the kind of work that diplomats do. Getting started down that path, however, will require very different signals than those the West and Ukraine have seen from Moscow the past several weeks.

Originally for Brookings Institution's Order from Chaos blog

At dinner at the American ambassador’s residence in Moscow some years ago, I asked a former senior foreign policy official if anyone in the Kremlin understood Ukraine.  He replied that someone there understood Ukraine very well.  He then added “but nobody listens to him.” 

The abject failure of Russian policy toward Ukraine over the past seven years suggests the Kremlin and Vladimir Putin have a flawed understanding of the country. 

On Dec. 17, Kremlin spokesperson Dmitry Peskov said, “Have we [Russia] lost Ukraine as a partner, ally and so on?  At this point, yes, completely.” 

The Russian leadership presumably did not intend this.  Thus, the question of whether the Kremlin and Putin understand Ukraine.  Many signs suggest that they do not. 

Putin’s last visit to Kiev occurred in 2013, when he traveled to mark the 1025th anniversary of Kievan Rus’s acceptance of Christianity. In a speech Putin said, “We are all spiritual heirs of what happened here 1025 years ago.  And in this sense we [Ukrainians and Russians] are, without a doubt, one people.”  

What an utterly tone-deaf statement to make in Ukraine.  Millions of ethnic Ukrainians heard it as a denial of their culture, history and language.  Putin has since often repeated that point. 

Russia’s use of military force to seize Crimea following the Maidan Revolution could hardly be expected to win over Ukrainian sympathies.  Nor would sparking and sustaining a conflict in Donbas that has now claimed more than 13,000 lives. 

Shortly after the Russia-Ukraine conflict began in 2014, Putin and other Russians started speaking of “Novorossiya” — the idea that much of eastern and southern Ukraine would rise in revolt against Kiev.  The allure of Novorossiya held sway in Moscow long after it became clear that there was little enthusiasm among Ukrainians for breaking away. 

Volodymyr Zelenskiy won the Ukrainian presidency in 2019.  He came to office a political novice who comfortably spoke Russian and promised a different approach from that of his predecessor, whom Moscow despised.  Zelensky endorsed the Minsk agreements as the basis for resolving the Donbas conflict and spoke approvingly of the “Steinmeier formula” for moving forward—politically risky steps for the new president given growing frustration and anger in Ukraine about the failure of the Minsk agreements to deliver peace in Donbas. 

What did that get Zelensky?  Putin agreed to a meeting in December 2019 with the Ukrainian leader, German Chancellor Angela Merkel and French President Emmanuel Macron.  The meeting produced agreement on a prisoner exchange, a full ceasefire in Donbass and a follow-up meeting in spring 2020.  Only the prisoner exchange occurred. 

Rather than seek compromise, the Kremlin leaders seemed to calculate that they could force the newcomer to make humiliating concessions.  

Moscow increasingly took the position that it was not a party to the conflict — despite a Russian signature to the Minsk II agreement — and sought to force Kiev to deal directly with the so-called Donetsk and Luhansk “people’s republics.”  The Kremlin now swats away any request by Zelensky to meet Putin. 

The unsurprising result:  Zelenskiy’s attitude toward Moscow has hardened.  While he brought to office an ambivalent view of the Ukraine-NATO relationship, he now publicly calls for an early membership path for Ukraine.  

Kremlin policy has driven Ukraine away.  More than anything else, it has persuaded the Ukrainian government and an increasingly large segment of the Ukrainian population that they can find security and stability only if their country is anchored in institutions such as the European Union and NATO. 

The Kremlin appears intent on continuing this course.  Putin released an essay in July in which he all but denied Ukraine’s right to exist as a sovereign nation.  In October, former President Dmitry Medvedev termed talking to Kiev “pointless.”   

The Russian military has massed tens of thousands of troops and tanks, artillery and other combat vehicles in staging areas near Ukraine, suggesting that Russia is preparing a major military assault. 

That would not bring Ukraine back to Russia.  It would instead generate more sanctions on Russia, an increased flow of Western arms to Ukraine, a bolstering of NATO military presence near Russia’s borders — and dead Russian soldiers.   

The Russian military is undoubtedly stronger, but the Ukrainian military would exact a price.  Moreover, Kiev is preparing for partisan warfare, and an early December poll showed that one-third of those asked, including one-fourth in the country’s east, would take up arms if the Russians invade. 

It is time for the Russian leadership to reexamine the premises on which it has based its approach.  Bad understanding leads to bad policy, and the Kremlin appears poised to make another in a line of mistakes in its approach toward Ukraine.  This one would prove a tragedy for Ukraine … but also for Russia. 

Originally for The Moscow Times

As Russian troops gather on Ukraine’s borders, the outstanding question is whether Russian President Putin is prepared to bear the domestic and international costs of a full-scale invasion or if he’ll stop at pressuring NATO and the West for political concessions. Steven Pifer explains why a military incursion in 2022 will not be as easy for Russia as annexing Crimea in 2014, and where there are avenues for dialogue to defuse the brewing confrontation.

Read the rest at Brookings

Approximately 100,000 Russian troops housed in rows upon rows of barracks have amassed near the Russia-Ukraine border. Moscow claims they are there to conduct routine military exercises. And they have. Amidst political crisis in Belarus this fall, for example, up to 200,000 Russian and Belarusian forces participated in the Zapad 2021 exercise series.

Yet many observers worry these exercises are largely a pretense, and the soldiers’ stay may be more permanent. US military intelligence reported Russia may be preparing as many as 175,000 troops for offensive operations into Ukrainian territory.

Read the rest at Bulletin of the Atomic Scientists.

Russia’s massing of military power near Ukraine was certain to dominate the December 7 video conference between Presidents Biden and Putin. A Russian assault would turn into a bloody affair (for Russians and Ukrainians alike) and plunge relations between Russia and the West deeper into crisis. Is Putin prepared to take that step?  Perhaps even he has not yet decided.

By all appearances, Biden did what he had to do. He spelled out for Putin the costs that would ensue if Russia attacked. These include more painful Western economic sanctions, more military assistance for Ukraine, and a bolstering of NATO’s military presence in the Baltic states and Poland. Moreover, he strengthened his hand by consulting the day before with the leaders of Britain, Germany, France and Italy.  That meant he could talk to Putin on the basis of a consolidated Western position.

Biden also described a way out of the crisis: de-escalation and dialogue, or dialogues, to address the Russia-Ukraine conflict in Donbas and broader European security questions. Neither of those discussions will prove easy. For example, NATO will not, and should not, accede to the Kremlin’s demand that the alliance renounce its "open door" policy on enlargement. But diplomacy is all about finding ways to defuse such difficult problems.

Did Biden succeed? That remains to be seen. One thing to watch is whether Moscow’s recent over-the-top rhetoric moderates. Of course, the more important signal would come from the movement of Russian troops away from Ukraine and back to their regular garrisons.

Read more views on what the Biden-Putin video call means for the regional security situation on Atlantic Council.

All eyes are on Ukraine (including ours). Steven Pifer, a William J. Perry Research Fellow at CISAC and former ambassador to Ukraine, joins co-host Tom Collina to discuss Putin’s motivations for Ukraine and more. 

Ploughshares Fund · Will Russia Invade Ukraine?