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Diplomacy
PARIS, FRANCE - February 8, 2023: French President Emmanuel Macron welcomes Ukrainian President Volodymyr Zelensky with Chancellor Olaf Scholz at the Elysée Palace

The Impact of the War in Ukraine on the European Union

by Tomasz G. Grosse

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском French and German credibility has reached new lows on the Ukraine issue, risking European security as each seeks to sure up political and geopolitical influence. Solidarity is weak, and arms corporations have proven influential in national decisions for EU integration on security matters. In the numerous crises that hit the European Union (EU) in the 21st century – the role of the so-called “integration engine,” as the French-German duopoly is called – was crucial. However, after Moscow’s aggression against Ukraine in 2022, both integration leaders from Western Europe receded into the background. The leaders of aid for fighting Ukraine were mainly the countries of NATO’s eastern flank, led by Poland and the Baltic states. Germany and France defended themselves against too radical sanctions imposed on Moscow, did not support Kiev, and did not want, among other things, either Ukraine’s accession to the EU nor to NATO. Why did Paris and Berlin distance themselves from Russian aggression in 2022, which violated European values and human rights and also threatened the EU itself? In short, the war hit various economic interests that France and Germany conducted with Vladimir Putin’s regime. An example of this was the expansion of Nord Stream, a gas pipeline through the Baltic Sea, after Putin’s first military aggression against eastern Ukraine in 2014. It is worth recalling that the entire climate transformation in the EU in its initial phase was based on cheap Russian gas. Economic ties were not the only reason for the strange behavior of Berlin and Paris in the face of Moscow’s aggression. Geopolitical considerations were even more important. The elites of Western Europe have traditionally, with minor interruptions, cooperated with Russia and considered it an important economic and political partner. The geopolitical goal of both Western European countries was to seek strategic autonomy from Washington and rapprochement with Moscow and Beijing. Historically, Central Eastern Europe has been treated as an area of influence of Berlin and Moscow, which they share or (less frequently) compete for. Before 2022, for Berlin, this sphere of influence included the Central European countries and the Baltic states; for Moscow, this included Belarus and Ukraine. This is why, among other things, Western Europe distanced itself from Moscow’s aggression in 2022. It did not want to spoil relations with Moscow. It also did not want to provoke even greater Russian aggression, fearing a full-scale war with NATO. Western Europe wanted to reach an agreement with Putin as quickly as possible and return to the previous economic and geopolitical arrangement. However, in 2024, there was a clear change in Western Europe’s position towards the war in Ukraine. First, Germany increased its financial and military assistance, although it continued to block the delivery to Kiev of the most modern weapons requested by President Volodymyr Zelensky. France and Germany increased the scope of sanctions imposed on Moscow, although they were still full of loopholes that allowed the Kremlin to avoid them. Meanwhile, Berlin and Paris unblocked their veto on Ukraine’s accession to the EU, nevertheless they continued to maintain their opposition to Kiev’s membership in NATO. Under the influence of both Western European countries, the EU’s financial and military assistance to Kiev increased. It was still too small in relation to Ukraine’s needs, and Brussels faced great problems and delays in fulfilling aid declarations. The most radicalized person was President Emmanuel Macron who announced in 2024 that he would send troops to Ukraine. In the same year, German politicians proposed that NATO troops should protect the sky over western Ukraine from the territory of Romania and Poland. What caused this radical turn in Berlin and Paris? First of all, it turned out that both countries were losing credibility in NATO and the EU, and thus political influence in Central Europe and Ukraine. What was no less dangerous – especially for German politicians – was the growing dissatisfaction with their attitude in the US. The Germans feared that Washington would lose trust in Berlin and focus on NATO’s eastern flank, mainly Warsaw. Furthermore, Germany and France believed less and less in renewing good relations with Moscow. They also had little hope that their “neutral attitude” could protect Europe from further aggression by Putin, including his attack on NATO and EU countries. At this point, both Western European countries launched a diplomatic offensive to introduce changes in the European Union. It was primarily about revising EU treaties to strengthen the political influence of the two largest countries in Western Europe. Therefore, it was proposed, among others, the abolition of voting based on unanimity in foreign and defense policy, which gave a decision-making advantage to the countries with the greatest voting power (Germany and France). In addition, efforts were made to strengthen the Common Security and Defense Policy (CSDP). The main goal was to increase the production of ammunition and weapons from EU funds. Typically, such actions were aimed at strengthening the potential of arms corporations in Western Europe, as well as limiting arms exports from outside the EU, including from the US and South Korea. It goes without saying that in the event of a real threat from the East, the EU should not limit the transportation of weapons from non-European allies, because Europe itself produces too little ammunition and weapons. Nevertheless, subsequent actions of the European Commission after 2022 clearly rewarded aid for German and French corporations, as well as restricting access to arms imports from outside the EU. These attempts to strengthen the strategic autonomy of the EU against Washington are short-sighted in the face of a real threat on the EU and NATO. Moreover, instead of primarily supporting coordination within NATO, France and Germany have sought to duplicate the structures of the North Atlantic Alliance, focusing on the expansion of EU’s rapid reaction forces (rather than NATO’s rapid reaction forces), which were much more modest in terms of numbers and equipment. In other words, their goals were political, not real defense. The idea was to strengthen Franco-German leadership in Europe, and this was to be achieved by supporting the development of EU structures in the area of security. All these aspirations to expand the CSDP could encounter serious obstacles in implementation. First, Germany and France often disagree on EU security considerations, particularly when it comes to their own national interests. For example, the French were disappointed with Germany’s decision to purchase the American F-35 multi-role fighter capable of carrying nuclear warheads. This affected plans to build a sixth-generation aircraft in cooperation between German, French, and Spanish corporations. Moreover, Berlin was developing its own anti-aircraft and anti-missile defense project in the EU (European Sky Shield Initiative), to which it did not invite the French, and even competed with their own European defense program (La défense aérienne du continent). Therefore, Macron criticized the German shield initiative, which he considered hasty and incomplete. Instead, he promoted a truly “European initiative,” where the French arms industry is the dominant force. Secondly, the actions of France and Germany in the field of defense have been delayed and ineffective. More than two years after the announcement of the famous Zeitenwende, the modernisation of the Bundeswehr, the federal government in Berlin managed to order only eighteen Leopard 2 tanks and twelve Panzerhaubitz 2000. Thirdly, it became increasingly clear early on that Germany and France were not ready to defend NATO’s eastern flank in solidarity, wanting rather to show initiative and leadership in order to maintain geopolitical influence in Europe. In terms of real security, their subsequent ideas were controversial. They were certainly beneficial to their arms corporations. For all these reasons, the credibility of Germany and France has been trending downwards on eastern EU security considerations. For the time being, it is difficult to predict whether the plans of Paris and Berlin will ultimately be implemented and whether cooperation within the CSDP will be strengthened. However, if this does not happen, it will paradoxically be a good solution for the security of the eastern flank. Efforts to defend it will be focused within NATO and, above all, located in the countries most at risk from Moscow’s aggression. This analysis is based on a recent article published by the Journal of International Affairs.

Defense & Security
Troop carrier and tank with Ukrainian flag, Ukraine

The War in Ukraine among contemporary Armed Conflicts

by Anton Bebler

한국어로 읽기Leer en españolIn Deutsch lesen Gap اقرأ بالعربيةLire en françaisЧитать на русском Abstract The war in Ukraine is the biggest, bloodiest and longest war in Europe since 1945. Its initial stage holds similarities with several other armed conflicts and wars in the last 50 years on Cyprus and in the territories of the former Soviet Union and the Socialist Federal Republic of Yugoslavia (SFRY). Among the cases in ex-Yugoslavia the greatest similarity is seen with the war in Croatia (1991–1995). These conflicts stemmed from almost simultaneous breakdowns of two multinational ‘socialist federations’ and their communist regimes. The dissimilarity of the second stage of the war in Ukraine and the war in Croatia is primarily due to the processes of NATO and EU enlargement coupled with the USA’s policy of using NATO enlargement and Ukraine as tools to harm and weaken Russia. The conflict about Ukraine developed into an indirect war between Russia and the US-led West, where Ukraine is the West’s proxy and the main victim. The final outcome of the war in Ukraine will be decided on the battlefield and not around a diplomatic table. Still, it will be very different from that in Croatia. Responsibility for the war in Ukraine and its consequences must be shared between the two direct belligerents, the co-responsible USA and other NATO members. Introduction Among about four dozen contemporary wars, the armed conflict in Ukraine since 2014 stands out as an exceptional event. It involves in its second stage four nuclear powers –one as a direct belligerent and three as providers of many-sided assistance to the second belligerent, with the presence of military personnel of all four nuclear powers on the territory of Ukraine. The war has been the biggest, bloodiest and longest war in Europe since 1945. It has also produced a strong impact on Europe and the broader international community. According to two measures (at least), the war in Ukraine has been exceeded by a number of other wars since 1945, namely those occurring in Asia and Africa. In terms of mortality, it has been exceeded by the wars in Korea, Vietnam, Algeria, Sudan, Rwanda, Burundi and Iraq. In terms of duration, it is unlikely to be longer than the wars in Vietnam, Algeria, Sudan and Afghanistan. Among all these armed conflicts, the war in Ukraine may be sharply distinguished by the reverse ratio between military and civilian mortality. In the European framework, the central trigger of the first stage of the war in Ukraine was similar to what caused the armed conflicts and outright wars occurring between 1974 and 1999 on Cyprus, in Moldova, Georgia, the Russian Federation, Azerbaijan as well as on the territory of the SFRY. Among the former, the first stage of the war in Ukraine most resembled the war in Croatia (1991–1995). The war in Croatia, which started prior to its international recognition, and the war in Ukraine 22 years after its recognition as an independent state, display a number of similarities that not accidental. The second stage of the war in Ukraine has had several similarities with the war in the Federal Republic of Yugoslavia (1999) which ended up with forceful separation of Kosovo from Serbia. The similarities The wars in Croatia and Ukraine involved two adversary pairs of neighboring and partly overlapping Slavic nations. These wars unfolded in the territories of two defunct ‘socialist federations’ – the SFRY and the USSR. The causes of both wars were closely related to the almost simultaneous breakdowns of these two federations in 1991 and the demise of their communist regimes that had preceded and caused the breakdowns. The institutional structure of the SFRY was modelled after and closely resembled the structure of the older ‘socialist federation’, the USSR. Shared features of the two included the division of each federation into full-fledged republics and autonomies. Most or all of these federal units were ethnically designated. The minorities of the biggest ethnic groups (Serbs and Russians) were not accorded autonomy within other republics. In both cases, war followed the declarations of ‘sovereignty’ and ‘autonomy’ and referenda organized by some members of the Serbian community in southwest Croatia and some members of the Russian and Russian-speaking community living in Eastern Ukraine. In each case, the central governments refused to negotiate with the insurgents and decided to suppress them militarily. The armed conflicts in Croatia and Ukraine developed into partly different combinations of civil and interstate wars. The civil war component referred to an armed conflict between the ultranationalist regime in the former second-most populous republic on one hand, and part of the biggest national minority related to the largest ethnic group in the former federation, on the other. The civil war deepened the divisions based on loyalty within both the Serbian community in Croatia and the Russian community in Ukraine. Each war was fought almost exclusively on the territory of the former second-most populous republic, which suffered the most. In both wars, the two sides were responsible for gross violations of international humanitarian law. International sanctions were applied in these two wars. The causes of each war were tangibly related to profound geopolitical changes underway in Europe about 35 years ago. These changes entailed the slackening and termination of the Cold War between two military-political blocs and the wave of liberal-democratic transformation of political systems in Eastern Europe. Over the span of 3 years, about 30 different state entities declared their sovereignty in the area of 3 ‘socialist federations’ (Yugoslavia, Soviet Union, Czechoslovakia). Of these, 23 entities survived and soon gained universal recognition as sovereign states, including Croatia and Ukraine. The specificity of the war in Ukraine Ancestors of today’s Russians and Ukrainians shared in the distant past close to 400 years of common history in Kievan Rus. In the XIII century this large state formation was destroyed by the invasion of Tatars-Mongols. The subsequent centuries-long domination of Lithuanian and Polish feudal rulers over the ancestors of today’s Ukrainians contributed greatly to their cultural and language distancing from the Russians. In 1648, the Cossack ancestors of some of today’s Ukrainians rebelled against Polish feudal rule, in 1654 begged for protection and voluntarily submitted themselves to Moscow Tsardom. For two and a half centuries, until 1917 they remained as part of the Russian empire, named Ruthenia and later Malorossiya. In 1918, an independent state was proclaimed under the new name Ukrainian People’s Republic. The name Ukraine remained under the Bolsheviks and in 1922 Soviet Ukraine became a constituent republic of the Soviet Union. Over several decades, the territory of Soviet Ukraine was more than doubled by Moscow in several successive stages in 1920–1922, 1939–1940, 1945–1947 and 1954. This was accomplished by including into it the lands of Novorossiya, with millions of Russian and Russian-speaking people in the East and South, as well as annexed parts of Poland, Czechoslovakia, Romania and part of Moldova in the West. In all of these cases, this was done without their population’s consent. In 1992, all these territorial gains became parts of independent Ukraine within its internationally recognized borders, whereas the collective rights of the Russian and Russian-speaking population were left unprotected. From 1945 for more than four and a half decades Ukraine enjoyed Moscow’s symbolic gift – the status of a UN founding member although it had been a constituing part of another UN founding member (USSR). When Ukraine, at Moscow’s initiative attained independence it did not have to apply for UN membership which from then on it deserved. Divergent political and economic developments in the two independent states exposed a number of different interests and of problems unresolved at the time of separation. These issues, in somewhat different combinations during the two stages of the war contributed to three groups of conflictual relations: (1) between the Russian Federation and Ukraine, (2) inside Ukraine and (3) between the Russian Federation and the West, primarily USA. The non-recognition of collective minority rights by the Ukrainian authorities became a growing political problem with the rise of Ukrainian ultranationalism. Combined with divergent attitudes in Western and Eastern parts of the country concerning Ukraine’s relations with Russia, EU and NATO, language-related problems contributed tangibly to political explosions in Ukraine in February/March 2014. Since 1991, two processes have altered the geopolitical map of Europe. These are the Eastward expansion of the US-dominated NATO along with the closely intertwined enlargement of the European Union. The first stage of these two processes in 1990–1991 – the absorption of Eastern Germany into both organizations – had no impact on the internal crisis in Yugoslavia, including the conflict in Croatia. Two decades later, however, the process of NATO expansion had already reached the borders of both Ukraine and Russia, thereby adding a very real extra-regional component to the conflict in and about Ukraine. For over two decades, one of the USA’s geostrategic goals has been by fostering ‘color revolutions’ to bring about regime change in the post-Soviet space, including Ukraine and also Russia. By using Ukraine as a tool, the USA has endeavored to harm and weaken Russia. Under US pressure and notwithstanding German and French objections, at the NATO summit held in Bucharest in April 2008 Ukraine was promised membership in the alliance, yet without stating a date. Openly and strongly opposed by Russia, this decision unleashed a chain of events, 6 years later leading to a war in Ukraine. The European Union and its policy of Eastern neighborhood negatively contributed to these developments. The prospect of an association agreement with the EU deepened the internal political conflict in Ukraine and motivated a mass protest movement that was exploited in February 2014 to stage a US-guided coup d’état in Kyiv. The combination of Ukraine’s promised membership in NATO and the new regime in Kyiv fully dependent on the USA foretold that Russia would certainly lose its old naval base in Sevastopol, for which it had paid high rent since 1992. Moreover, as a NATO naval and air base, Sevastopol would pose a direct threat to Russia and its geopolitical position in the Black Sea and Mediterranean area. To thwart this threat, lightly armed detachments of Russian marines, already legally stationed on Crimea, were ordered to move in unmarked uniforms to take control of the entire peninsula. They did so without facing any resistance, on Kyiv’s strict orders, from the about 22,000 Ukrainian troops or inflicting any casualties. The Ukrainian officialdom then simply vacated Crimea. This takeover was soon followed by a successful referendum accompanied by international observers on approving Crimea’s legal separation from Ukraine and it rejoining Russia. Moscow thus took back Nikita Khrushchev’s present to Ukraine on the occasion of the 300th anniversary of its unification with Russia. First stage of the war in Ukraine Closely related to the dramatic developments in Kyiv, there were uprisings in several Ukrainian cities and proclamations of ‘‘sovereignty’’ and ‘‘autonomy’’ in Lugansk and Donetsk. These uprisings largely featured protests against the discriminatory measures adopted by the new authorities against the Russian and Russian-speaking population. The ultranationalist regime in Kyiv responded on 13 April 2014 by branding the protesters ‘‘terrorists’’, declaring a “wide anti-terrorist operation” and entrusting the Ukrainian Army to carry it out. This military operation launched the first stage of the war in Ukraine. In its attacks on the Donbas autonomists, the Ukrainian Army employed bombers, tanks, armoured vehicles and artillery while battalions of Ukrainian ultranationalist volunteers with neo-Nazi leanings and financed by Ukrainian oligarchs used artillery and light weapons. On the defending side, there were about 35,000 members of the territorial people’s militias of the Donetsk and Lugansk People’s Republics as well as Russian and other (including Serbian) volunteers. The Russian Federation offered multi-sided support to the two besieged republics, encompassing financial, material, humanitarian and military assistance. Russian professional military personnel were integrated into the local militias and did not operate as separate and regular units of the Russian Army. At the same time, the US and British armed forces offered very sizeable material and other military assistance to the Ukrainian Army, also involving thousands of advisors and instructors. In numbers, they were comparable to the Russian military personnel on the other side of the frontline. By February 2022, this armed conflict had led to 14,000 to 20,000 dead. Two armistice agreements, Minsk 1 and Minsk 2, did not halt the Ukrainian shelling of Ukrainian territory, which was responsible for thousands of casualties among the civilian population of the two self-proclaimed republics. These attacks continued for more than 9 years, accompanied by gross violations of international humanitarian law. In February 2015, Petro Poroshenko, the President of Ukraine signed the Minsk 2 agreement. It was co-signed by the leaders of Germany, France and Russia and unanimously adopted as a resolution by the UN Security Council, thereby becoming part of international law. The Minsk 2 agreement provided for peaceful resolution of the conflict in Donbas. Nonetheless, Petro Poroshenko and his successor Volodimir Zelenski refused to implement most of Ukraine’s 12 obligations, including the key provisions under which Ukraine was to grant constitutionally guaranteed autonomy to the Russian and Russian-speaking population in Donbas. In addition, Zelenski reneged on his pre-election promise that saw him win the election in 2019 and did not stop the war. Second stage of the war in Ukraine On 21 March 2021, Zelenski blatantly violated the Minsk 2 agreement and international law by ordering the Ukrainian Army to liberate the territories of the two republics and Crimea. The bulk of the Ukrainian Army was then relocated to their vicinity, clearly visible by Russian satellites. Instead of peaceful resolution of the conflict, Zelenski, no doubt with the USA’s full approval, thus decided on full-scale military suppression of the Donbas autonomists and on reconquering Crimea, well aware that it would provoke a strong reaction from Russia. On 16 February 2022, upon his order the Ukrainian Army initiated the second and much more violent stage of the war. From that date on, the intensity of Ukrainian shelling started to grow from several tens to 1,500 explosions daily. Combined with movements of Ukrainian troops, this strongly indicated that a massive attack was coming as part of implementation of the March 2021 order. It was very similar to the Georgian offensive against the self-proclaimed Republic of Southern Ossetia on 7 August 2008. This escalation was no doubt coordinated with US President Joe Biden, who publicly predicted that Russia would invade on 16 February 2022. Ukraine’s stepping up the level of violence successfully provoked a predictable Russian response. On the political and legal levels, this entailed the Russian Federation’s recognition of the two republics as independent states, signing two agreements on friendship, cooperation and mutual assistance, accepting their pleas for assistance and protection in line with Art. 51 of the UN Charter and invoking the Responsibility for Protect. In the latter the Russian Federation used a very similar justification as did NATO in 1999 for its aggression against the Federal Republic of Yugoslavia. On the military level, Putin was faced with the real prospect of Ukraine quashing the two client Russian-speaking parastates. This would have submitted their discriminated Russian and Russian-speaking majority population to retribution by the Ukrainian ultranationalist and assimilationist regime, causing it to flee en masse across the border. He later explained that moral duty is higher than legality. Putin could not, also for domestic reasons, afford a humiliating political defeat similar to that suffered by Slobodan Milosevic in Croatia in August 1995. Unlike in August 2008 in Georgia, he did not wait for an all-out Ukrainian attack. Putin knew full well that stronger Western sanctions than those currently in place would follow, even if Russia’s response to the Ukrainian offensive were only moderate. Probably on the basis of a faulty assessment of both Ukraine’s capacity and determination to resist and the West’s response, he precipitously and knowingly in violation of international law ordered a ‘special military operation’ with an invasion of Ukraine on February 24, 2022, by a limited contingent of Russian land forces. This move was combined with extensive destruction of the Ukrainian air force, the air defense system, and other military infrastructure. Ignoring an axiom of military science, an invading force of some 90,000 Russian land troops was sent against the Ukrainian Army thrice superior in numbers. It was also grossly insufficient and unprepared to accomplish the officially declared task of “demilitarizing” and “denazifying” entire Ukraine. In spite of its shortcomings, this force managed to swiftly occupy additional 15% or so of Ukrainian territory (some as a diversion and only temporarily) and effectively protected the two republics. It additionally established and secured a land bridge between Crimea and Donbas, made the Azov Sea part of Russia’s internal waters, took control of the largest European nuclear power station at Zaporizhie, and deprived Ukraine of its stocks of plutonium and uranium. These stocks would have been sufficient to make Ukraine the world’s fourth-strongest nuclear power. The latter was an effective response to Zelenski’s earlier declaration that Ukraine was intending to again acquire nuclear weapons. Preventing this dangerous prospect certainly served as an additional and important incentive for Putin’s decision. For USA, the by far most frequent transgressor of international law, provoking Russia into an act of aggression fitted nicely with the their strategic goal. Russia’s invasion of Ukraine provided a perfect occasion for demonizing and isolating it internationally and for uniting the West under USA’s guidance on imposing on Russia an unprecedented array of drastic economic and other sanctions. These punitive measures were expected to quickly ruin the Russian economy, hopefully bring down Vladimir Putin’s regime, defeat Russia militarily without losing American lives, and cause the fragmentation of Russia into several states (as elaborated earlier publicly by Zbigniew Brzezinski and the RAND Corporation). However, these hopes have not materialized. Moreover, the effects of the Western sanctions proved to be more harmful to the EU economies than to Russia while in no way helping Ukraine. The two wars compared Still officially undeclared by both direct belligerents, the war in Ukraine is already twice as long as the war in Croatia, and is still ongoing. There are also other important differences caused by the mismatch between Croatia and Ukraine in the size of their population and territory (approximately 1:10), and by the different configuration and extent of the theatres of war. Further, there are differences in the size and structure of the armed forces involved, in the disparities between Serbia’s and Russia’s military capabilities compared to the respective capabilities of Croatia and Ukraine. The war in Ukraine in its second stage is also unlike the war in Croatia due to the massive use of particular weapons systems (notably drones and missiles). Vast differences also exist in the direct involvement of international organizations and other external actors in the two wars. In the autumn of 1991, the European Economic Community (EEC) sent Croatia its first mission of white-clad and unarmed observers who as impartial intermediaries tried unsuccessfully to stop the armed clashes between the Croatian police and Serbian insurgents. The United Nations established UNPROFOR (UN Protection Force) in February 1992, operating from Zagreb. It was followed by UNCRO (UN Confidence Restoration Operation in Croatia) in 1995–1998, UNTAES (UN Transitional Administration in Eastern Croatia) in 1996–1998, and UNMOP (UN Mission of Observers in Prevlaka) in 1996–1997. For several years, the UN-supported International Conference on Former Yugoslavia was active operating from Geneva. In comparison, there have been no UN or EU peacekeeping or observer missions in Ukraine. The UN General assembly has adopted a number of resolutions related to the war in Ukraine. In several resolutions it deplored and condemned Russia’s invasion with huge majorities for and only five votes against. The OSCE had no observer missions in Croatia, but deployed two such missions in Ukraine, notably the sizeable OSCE Special Monitoring Mission from 2015 until March 2022. In addition, the OSCE played an active role in facilitating the Minsk 1 and Minsk 2 ceasefire agreements. Extra-regional states were not openly involved in the war in Croatia. In 1991–1992, the Croatian forces included 456 foreign fighters (British, French, German et.al.), accompanied by about 2,000 private American military instructors. On the other hand, Ukraine has received huge support from several dozen foreign states, in particular the USA, as well as other NATO and EU members in the form of heavy arms, ammunition, training, intelligence, economic and humanitarian assistance. According to the Russian Ministry of Defense, since 2022, 13.387 foreign fighters, mercenaries and volunteers joined the Ukrainian Army of whom 5.962 lost their lives. Polish citizens have been most numerous in both categories – 2.960 enlisted and 1.497 dead. They are followed by Americans and others. This strong external involvement transformed the local war into an extra-regional armed conflict between Russia and the US-led collective West, with Ukraine acting and sacrificing its soldiers and itself as the West’s proxy. The war in Croatia and its outcome were closely linked with the war in neighboring Bosnia and Herzegovina, while there has been no similar regional linkage of the war in Ukraine. The war in Ukraine has also had by far a bigger international political and economic impact on other countries, not only in Europe, than the war in Croatia. Most importantly, there are enormous differences between the two wars in the number of dead (at least 1:25), number of refugees and displaced persons (approximately 1:25), and extent of destruction and amount of economic damage (at least 1:20). The war has inflicted considerably greater damage on Ukraine as a state and on Ukrainian society than the war did on Croatia. Since 2014, the population under Kyiv’s control has so far been reduced by at least one-third and the territory by close to one-fifth. It is estimated that the Ukrainian Army, National Guard and volunteers have suffered well over 400,000 deaths. Ukraine has also lost a good deal of its industrial capacity, agriculture, energy generation and critical infrastructure. The war’s continuation suits the USA’s geostrategic, chiefly anti-Russian objectives, whereas Ukraine is paying a horrible price for them. The dragging on war of attrition is sapping Ukraine’s ability to sustain itself, at least in its already rump shape. It increases the probability of Ukraine becoming (again) a landlocked country on less than a half of its territory internationally recognized since 1992. The first stage of the war in Ukraine and the war in Croatia revealed substantial similarities as far as their causes and destructive consequences were concerned. On the other hand the second stage of the war in Ukraine strongly differs by being predominantly an interstate war and the first interstate armed conflict in Europe caused by NATO enlargement. As a result, the war in Ukraine is sharply distinguished by its magnitude, destructive outcomes, violations of international humanitarian law, international impact, and the involvement of great powers. At the beginning of the second stage of the war in Ukraine, the Russian Army pre-empted the anticipated Ukrainian version of an offensive akin to the Croatian operations “Flash” and “Storm”. It not only prevented the possibility of Volodimir Zelenski’s triumphant entrance in Donetsk like Franjo Tudjman’s entrance in Knin. The Russian Federation also annexed four Ukrainian provinces with Russian and Russian-speaking majorities in their populations and the Russian Army occupied a good share of them. In 2014 and 2022, Moscow thus took back a considerable part of former Novorossiya given to Soviet Ukraine in 1920 and 1954. Unlike in Croatia, but like in Kosovo (1999) the war in Ukraine has extended the list of the more than three dozen new or de facto changed borders between European states since 1945. Responsibility for the war in Ukraine In a speech given at the UN General Assembly, US President Joe Biden ascribed Russia with full responsibility for the war in Ukraine. Yet, in fact, a number of states are directly responsible or co-responsible for its outbreak and continuation, including notably USA. First, the war was initiated by the Ukrainian Army in April 2014 according to orders of the Ukrainian interim Presidency. Under two subsequent Presidents Poroshenko and Zelenski, Ukraine violated two armistice agreements and sabotaged realization of the Minsk 2 agreement on peaceful resolution of the Donbas conflict. President Zelenski failed to fulfil his pre-election pledge to end the war, a pledge that had seen him win the election in 2019. On 21 March 2021, he ordered the Ukrainian Army to attack Donbas and Crimea in direct violation of both the Minsk 2 agreement and of international law. The Ukrainian leadership’s orders to steeply increase the artillery shelling of Donetsk from February 16, 2022 on, together with the movement of troops provoked an invasion by the Russian army. This led to the armed conflict transforming from an internal to largely an interstate war. In April 2022, President Zelenski reneged on an initialed agreement with the Russian Federation on resolving the conflict, as forged with assistance from the leaders of Israel and Turkey as intermediaries. Ukraine is responsible for the casualties and damage caused by its forces in Ukraine and in the Russian Federation. On the other hand, the Russian Federation has grossly violated the UN Charter, the Helsinki principles, and a dozen international treaties and agreements by which it guaranteed Ukraine’s security and sovereignty within its internationally recognized borders. In February 2014, it committed an act of aggression by occupying and annexing Crimea. On 24 February 2022, it committed a second act of aggression by invading, occupying and annexing four Ukrainian provinces. The Russian Federation is responsible for the casualties and huge damage the Russian armed forces have caused on Ukrainian territory. The leading NATO members are co-responsible for the outbreak and continuation of the interstate conflict and war in and over Ukraine. This primarily applies to the USA, which knowingly unleashed a chain reaction in the conflictual relations between NATO and Russia. The USA used NATO to embroil EU in this conflict, even though that contradicts the objective economic and other interests of many EU members, notably Germany. This chain reaction led to the political conflict deteriorating into a war in which the USA is using Ukraine as a tool to harm and weaken Russia. Germany and France with their swindling signatures under the Minsk 2 agreement and with subsequent policies for 7 years allowed Ukraine’s sabotaging of peaceful solution of the Donbas conflict. As leaders in the European Union’s collective foreign policy, they encouraged and supported Ukraine’s active preparations for a war with Russia. The Western powers became co-responsible for the transformation from a relatively limited internal war in Ukraine into a wider, much more lethal, bloody and destructive, predominantly interstate war. In April 2022, the USA and Great Britain prevented the conclusion of an initialed Russian-Ukrainian agreement on resolving the conflict. The members of NATO and EU by politically encouraging and by providing arms and funds to Ukraine have been enabling the continuation of this war. Without this intrusion, the war in Ukraine would already be over and very probably on better terms for Ukraine than there will actually be. The NATO and EU members will certainly fail to achieve their main declared goal – Ukraine’s victory and hence Russia’s military and political defeat. This applies chiefly to the leader of the West. After that in Afghanistan, the USA will suffer one more political defeat. On the other hand, the USA has this time been rather successful in realizing several related goals. The USA has solidified its hegemony in the Western camp and in most of Europe, reactivated NATO, attracted two new members Finland and Sweden, bolstered its dominant role in the alliance, subordinated even further and simultaneously economically and politically weakened the European Union, for quite some time poisoned Germany’s and the EU’s relations with Russia, and inflicted very considerable economic and political damage on Russia. Conclusion Ukraine is today much farther away from accomplishing its cardinal strategic goal – to re-establish its sovereignty on the entire internationally recognized territory – than it was in February 2022, let alone in February 2014. Moreover, another goal remains unattained. It was stated in Zelenski’s decree as a condition for lifting the prohibition on any negotiations with the Russian Federation – to remove Putin from the position of President. However, with his mandate expired in May 2024 Zelenski himself will certainly be out of his presidential office much sooner than Putin will be from his. On the other hand, the Russian Federation has achieved some of its strategic goals, albeit not the two declared principal ones – Ukraine’s permanent “neutralization” and “demilitarization”. Due to the two sides’ mutually excluding objectives, the final outcome of the war in Ukraine will not be decided around a diplomatic table as a compromise. Like what happened in Croatia in August 1995 and very recently in September 2023 with the fate of Nagorno-Karabakh, it will be decided on the battlefield. Still, the outcome will be very different from both cases mentioned above and certainly will not be viewed as just by both belligerents. Just like how almost all wars end. SELECT BIBLIOGRAPHY Baud, Jacques (2023): Ukraine entre Guerre et Paix. Paris, Max Milo. Bebler, Anton (ed.). (2015): ‘Frozen conflicts’ in Europe. Opladen, Barbara Budrich. Brzezinski, Zbigniew (1997): Geostrategy for Eurasia. Foreign Affairs 76 (5): 56–68. Goldstein, Ivo (2008): Hrvaška zgodovina. Ljubljana, Društvo Slovenska Matica. Larrabee, F. Stephen, Peter A. Wilson and John Gordon (2015): The Ukrainian Crisis and European Security. Santa Monica, RAND Corporation. Maver, Aleš (2023): Ukrajina: Od Igre Prestolov do Vojne za Samostojnost. Celje, Celjska Mohorjeva Družba. Pleiner, H. (2023): Der Konflict um die Ukraine. ÖMZ 5: 571–583. Wien. Plokhy, Serhii (2022): Vrata Evrope: zgodovina Ukrajine. Ljubljana, UMCO.

Defense & Security
MOROCCO v. ALGERIA Confrontation, religious conflicts

Conflict between Algeria and Morocco

by Carlos Echeverría Jesús

한국어로 읽기 Leer en español In Deutsch lesen Gap اقرأ بالعربية Lire en français Читать на русском The growing tension between Algeria and Morocco must be analyzed considering the backdrop of the geopolitical competition among major powers characterizing the current world, wherein Morocco, above all, strives to position its conflict with its neighbor. However, this should not overlook the local and regional dynamics that have characterized it since ancient times. The origin and evolution of the strategic tension between both Maghreb states. Since Algeria achieved independence in 1962 – Morocco's independence dates back to 1956 and was much less dramatic than Algeria's – Rabat has been applying the concept of "territorial deficit" also in relation to this Arab, African, and Muslim neighbor. Defining the concept of "territorial deficit" immediately shows that Morocco is an uncomfortable neighbor for a number of states. It was so before Algeria for Mauritania, as it took ten years to recognize it as an independent state, not doing so until 1970. And before that, it was in relation to Spain, as in 1958, that is, two years after its independence, it managed to reclaim Tarfaya. And in 1969, it would achieve the return of Sidi Ifni. Even in relation to Mali, independent since 1960, Morocco immediately began to argue about the supposed rights acquired by Moroccan power, that is, by the reigning dynasty, based on old caravan routes and the political, religious, and commercial ties that for centuries allowed weaving contacts that Morocco would like to see reflected in terms of sovereignty over territories that have never been theirs. But Algeria is the state with which Morocco has been developing a more intense and assertive policy, which has already led both states to two armed conflicts: in 1963, in the Sand War, and in 1976, against the backdrop of the war between Moroccans and Mauritians, on one side, and with the Sahrawis, on the other, which had erupted that same year after the evacuation of Spanish forces. The strategic tension between the two Maghreb states is based both on Morocco's questioning of its neighbor's borders and on the evolution in the positioning of each on the regional and global stage. Morocco’s questioning of inherited borders Although both states signed a Border Treaty on June 15th, 1972, in Rabat, which was ratified by Algeria on May 17th, 1973, and by Morocco on June 22nd, 1992, two decades later; the Moroccans not only dragged their feet to ratify it but also, once authorized by Parliament, Morocco did not take the final step of depositing the ratification instruments with the UN. Therefore, we can affirm that the Treaty is not in force, and also that Morocco did accept the inherited border at that time, and it is important not to forget this. Morocco’s questioning of the possibility of an independent Western Sahara Morocco severed diplomatic relations with Algeria in 1976 and would not restore them until 1988. During that distant period, Algeria was the champion of national liberation movements and initially supported the emergence of the Polisario Front in 1973, a movement committed to accelerating the self-determination and independence of the still Spanish Sahara. It must be said that Spain was already preparing to leave the territory at that time – with the development of a rigorous census in 1974 in preparation for the self-determination referendum under the direction of Colonel Rodríguez de Viguri, Spanish diplomatic dynamics at the UN led by Ambassador Jaime de Piniés, etc. – but everything would accelerate with the regrettable launch of the Green March in the fall of 1975, which forced our country to evacuate the territory in February 1976 parallel to the invasion of our former province by Moroccan and Mauritanian troops. Already in 1975, Morocco was demonstrating its skills in relation to hybrid strategies that it has continued to apply to this day. The war would last until 1988, and throughout that time, we find a diplomatic maneuver that once again brings Morocco into relation with the 1972 Border Treaty: King Hassan II suggested at the Organization of African Unity (OAU) Summit in Nairobi in 1981 that he accepted the formula of a referendum to define the final status of the territory, then he retracted, leading to the situation we are in 43 years later, with an expansionist Morocco that uses all sorts of tricks under the leadership of his son, Mohammed VI, to annex the territory. Competition between the two regional powers and their African scenarios If it was Morocco who broke diplomatic relations with Algeria in 1976, it has been recently Algeria, in August 2021, who broke them with Morocco. Both countries have had their land border, the one that Morocco now questions with renewed zeal, closed since 1994, indicating thereby that the foundation of the relationship is structurally flawed, hence the concern that burdens us. The three most important tension scenarios between Algeria and Morocco on African soil today are as follows: the management of the future of Libya, the growing Moroccan influence in the Sahel, and the open competition for the construction of respective gas pipelines connected to Nigeria. All this against the backdrop of a relentless Moroccan offensive within the African Union (AU), the successor of the OAU that Morocco left in 1984 – as a protest against the admission of the Sahrawi Arab Democratic Republic (SADR) – and to which Mohammed VI decided to return in 2017 to weaken Algeria's strong position within it from within. In the diplomatic management of the evolution of Libya – aiming to pull this Maghreb country out of the chaotic situation it found itself in as a result of the Arab uprisings and the subsequent fall of Muammar Al Gaddafi in 2011 – two Moroccan cities, Sjirat and Bouznika, have been chosen as the venues for sensitive meetings and achieve supposed progress. This only exacerbates the double wound perceived by Algeria: the first, resulting from foreign interference that led to the destabilization of Libya and, with it, that of the Sahel; and the second, the positioning of its Moroccan rival in a scenario of the eastern Maghreb where Algeria had traditionally held a privileged position, a position that we will soon see is also being lost in the Sahel. Morocco also leverages its advantages in relation to Libya, including its strong relationships with members of the Gulf Cooperation Council (GCC), who are also present in Libya, as well as its influence in multinational circles, particularly at the UN. When advocating for the territorial integrity of Libya, Morocco skillfully introduces the caveat of the "territorial integrity" of Morocco regarding the Western Sahara, something that is always present in all Moroccan diplomatic dynamics. And linked to the Libyan dossier is also the Sahelian dossier in Moroccan initiatives that enter into direct competition with the interests of Algeria. Algerian foreign and security policy, which in the 2000s established the Coordination of Joint Operational Staff (CEMOC, by its initials in spanish), based in Tamanrasset, and which in 2015 achieved the signing – in May and June of that year – of the Algiers Accords – considered since then and until recent times the key tool for achieving the stabilization of Mali – has been overshadowed by the development of events and Moroccan exploitation of its initiatives. Although – from the Algerian point of view – the pernicious Western military presence in the Western Sahel, led by France, is now practically gone, instability persists, and the events that have occurred are exposing Algeria and facilitating the acceleration of Moroccan penetration. Examples we are going to highlight as illustrative, the first is the drift in Mali, where the coup government led by Colonel Assemi Goïta considers many of the signatories of the Algiers Accords as "terrorists," pursues them, and thereby deteriorates relations between Algiers and Bamako. In parallel, Morocco's presence is becoming increasingly visible, from diplomatic and commercial dimensions to the religious one. The second example is of a multilateral nature: in a complex scenario where the three coups d'état that have occurred and consolidated – in Mali, Burkina Faso, and Niger – have cooled relations with the West and also those of Algeria with these three members of the Western Sahel subregion, Morocco threw down the gauntlet with the holding of the meeting of Foreign Ministers of Burkina Faso, Chad, Mali, and Niger, in Marrakech, on January 4th, 2024, convened by their Moroccan counterpart Nasser Burita to strengthen ties and design the future. The competition for gas pipelines pits, and will continue to do so in the coming years, the oldest and supposedly most viable initiative - lingering since 2009, although it has been delayed -, of the Trans-Saharan Gas Pipeline (TSGP) connecting Nigeria with Algeria through Niger, against the newer and also complex initiative, the Nigeria-Morocco Gas Pipeline (NMGP), in relation to which Rabat is deploying all its tools of influence. The TSGP has the advantage of being only 4,300 kilometers long and having sections already completed both in Algerian and Nigerian territory, requiring an estimated financial effort of $13 billion, and the possibility of being operational between 2027 and 2030. Its main drawback is having to traverse the volatile scenario of Niger. The NMGP is, of course, longer and more expensive, as it has to be deployed through the waters of fourteen states and its cost is estimated at over $25 billion, in addition to the estimated two decades it will take to put it into service. However, in its seduction efforts, Morocco seeks to attract important international, Arab, and Western backers, as well as the Economic Community of West African States (ECOWAS), by designing attractive scenarios of "Atlantic cooperation" - Mohamed VI described it in his speech on the 48th Anniversary of the Green March, on November 6, 2023, as a "development tool for the Atlantic band of Africa" - and, of course, includes the territory of Western Sahara as one of its important stages. With the latter, it aims to consolidate the image of an always prosperous and full of potential "Moroccan Sahara" in the region and in the world. If the TSGP can be a link promising energy supply to Niger and other countries in the Western Sahel, Morocco has already conveyed to these same states that with the NMGP, their energy needs and even access to the Atlantic of these landlocked states will be met. And finally, Morocco's diplomatic repositioning in the AU also exacerbates tensions with Algeria, which has been accustomed to a comfortable position during more than three decades of absence of its Moroccan adversary from the continental organization. Algeria has lost some key positions held by its diplomats in the peace and security organs of the organization and must be very attentive to subtleties such as Morocco's attempt, along with other African countries, to accept Israel as an observer state in the AU. Led by the AU Commission Chairperson Moussa Faki in July 2021, the combined Algerian-South African effort in Addis Ababa prevented this from happening. Since then and up to the present, Morocco's efforts to weaken the position of the SADR as a full member of the organization remain constant. Struggle led by Morocco in an international arena characterized by geopolitical competition among major powers During the Cold War, Morocco demonstrated great skill by presenting itself as a champion of the West in the sensitive region of the Western Mediterranean. It convinced the US and European capitals that, apart from being a moderate and stable country in the Arab world, it should be considered a bulwark against communism, which it perceived as taking root in Algeria and Libya. After the Cold War, Morocco continued to play the card of moderation and stability against the radical Islamist threats emanating from neighboring Algeria. This was the period when it devised its alleged excellence in preventing and managing the jihadist threat, thanks to its information and intelligence tools, which, it tells us, we should still rely on as a guarantee for our security. Throughout this time, Morocco has managed, thanks to its evident ability to promote its own image while tarnishing that of its adversary, to establish a privileged strategic relationship with both the United States and NATO, as well as with the EU starting in the 2000s. In relation to the United States, Morocco skillfully sells the narrative that it all began in December 1777 when the Moroccan sultan of the time, despite Morocco not being a modern state at the time, was the first world leader to recognize the independence of what is now a superpower. Acting as a bulwark against communism for decades, and now against the advances of Russia or Iran in the Maghreb, Morocco holds high regard in Washington DC, and its ‘lobbyists’ continuously polish its image. The longstanding combined military maneuvers "African Lion" enjoy a momentum that grants Morocco leadership, enabling it to showcase its territory – endeavoring at each stage, albeit unsuccessfully thus far, to solidify the ‘de facto’ "Moroccan-ness" of Western Sahara – and continue projecting the image of an indispensable actor. And in relation to the EU, Morocco – who formally and unsuccessfully applied for accession to the European Communities in 1987 - perseveres in its efforts to continue benefiting from privileged treatment in various domains, all of them lucrative, and to ‘lobby’ in EU institutions using various tools to strengthen its most sacred aspirations, prominently among them the consolidation of the principle of the "Moroccan-ness" of the Sahara. Are we heading towards an open conflict? In relation to Western Sahara, Moroccan ambition is becoming increasingly evident, and the use of various pressure tactics is becoming more scandalous, to the point of blackmailing various states using different instruments. Meanwhile, the territory is the scene of a hybrid war in which the Polisario Front – which broke the ceasefire in place for more than three decades on November 13th, 2020, due to incidents at the strategic Guerguerat border with Mauritania – issues periodic war reports, and Morocco primarily uses drones to inflict casualties on the Polisario (and incidentally, as collateral damage since then, deaths of Algerian and Mauritanian nationals). Although considered by the UN Secretary-General, Antonio Guterres, as “low-intensity hostilities”, the risk of escalation is always present. Meanwhile, Morocco's relations are increasingly tainted not only with Algeria but also, and more recently, with Mauritania, and to a lesser extent, with Tunisia. But let's remember that it's not just the unresolved Western Sahara conflict the cause of tension between Algeria and Morocco; it runs deeper. Apart from the reinforcement of irredentist discourse in recent years – reviving the term “Eastern Sahara” accompanied by increasingly provocative cartography –, and as it also does in relation to Spain, Morocco is situating the management of its neighborhood within the broader context of geopolitical competition among major powers, hence the growing concern about the potential evolution of the situation. The transaction that led to the murky scene in which the recognition via Twitter of the “Moroccan-ness of the Sahara” in 2020, by President Donald Trump, who in exchange obtained, advantageously, Morocco's inclusion in the Abraham Accords signed with Israel by three Arab states (Bahrain, UAE, and joined by Morocco), opened a Pandora's box in the Maghreb and Western Mediterranean region. To the effects of our analysis on the increasing tension between Algeria and Morocco, Algerian authorities had to add, to their strategic concern about the deterioration of the situation in Libya and the Western Sahel due to foreign interference and the resizing of Morocco's foreign and security policy during all this time, the landing of the considered by Algiers "Israeli enemy at its doors". After the signing of the Abraham Accords by Morocco, Israeli presence on Moroccan soil is increasingly visible, with its epicenter in the visit to Rabat in November 2021 by Defense Minister Benny Gantz, and reflected in the growing acquisitions of high-end Israeli defense material. All this occurs furthermore in a scenario aggravated by the outbreak of the fifth war between Israel and Hamas in October 2023. The presence of Israeli military observers in the multinational exercise "African Lion 2022", which might seem innocuous to other states, was seen – by Algeria, which had just severed its diplomatic relations with Morocco the previous year – as a hostile act to add to the increasingly long list of grievances. Morocco also uses this scenario to portray Algeria, which, as a traditional supporter in the Arab world of the Palestinian cause, reinforced its perception of threat regarding Israel in the second half of the 1980s - following the Israeli bombing of the PLO Headquarters in Tunisia in 1985 - as an ally of Iran and its ‘proxies’, particularly Hezbollah. Morocco, which severed diplomatic relations with Iran twice, in 2009 and 2018, seizes any opportunity to launch delusional accusations against Algeria, portraying its neighbor as a close ally of Iran - both to its Western partners and to the Gulf petro-monarchies most opposed to Iran - and to accuse Hezbollah of training and arming the Polisario Front. In addition to exploiting the volatile Middle East scenario to its advantage, Morocco also adds to the equation the backdrop of growing tension between Russia, as well as China, and the West. Morocco, which has excellent relations with Russia, reinforced even after the invasion of Ukraine - signing the Morocco-Russia Strategic Partnership Agreement in 2022, an Agreement on nuclear cooperation with ROSATOM also in 2022, or hosting the Arab-Russian Summit in Marrakech in December 2023 - does not hesitate to portray Algeria as a dangerous ally of Russia at the gates of the West. As an example, Morocco, through its various electronic tools, portrayed the Algerian-Russian maneuvers in November 2022 in the Bechar region, an area claimed by Morocco from Algeria and which involved the participation of a hundred Russian paratroopers, as an imminent threat. It is interesting to note that these maneuvers took place shortly after 7,500 troops from thirteen countries, including Israeli military observers, participated in the "African Lion 2022" exercises; in this case, near the borders with Western Sahara and also with Algeria. References, although less intense, to China, overlook the fact that Moroccan military personnel have been trained in recent years at Chinese bases in drone operations, and that both China and Russia are fishing in the waters of Western Sahara, thereby violating International Law as it belongs to a non-self-governing territory and not to Morocco. And to the political-diplomatic and security dimension, we must add the advancements, especially those made by Morocco, given that Morocco is the most proactive actor, as we have been witnessing, occurring in the defense realm, which are also a cause for concern. The backdrop is the increase in defense spending by both countries, which represents a typical example of a security dilemma. Algeria has traditionally been among the small group of states spending more than 7 percent of its GDP on defense, but Morocco's entry into the club of states generously spending on defense, and in its case growing in geometric progression (from 3.6 percent in 2022 to the projected 9 percent in 2024), increases our concern. Moreover, qualitative aspects are more important than quantitative ones, especially concerning Morocco, as Algeria evolves as usual, maintaining the specificity of a submarine weapon that Morocco does not possess, with significant figures in its land and air power. However, Morocco, while also modernizing and expanding its land and air assets, takes advantage, and does not hide it, of its advantageous relations with Israel to make acquisitions in select areas such as air defense systems, electronic warfare, and its upcoming observation satellite, which will no longer be French (Thales Airbus) but Israeli (Israel Aerospace Industries, IAI). And all this while persisting in the use of armed drones in a war scenario like the Western Sahara, while continuing to refine its tools in the ongoing hybrid warfare. Conclusions Morocco, which is accustomed, and has accustomed us, to playing with the white pieces, thus always taking the initiative, is immersed in a game where its ambition and arrogance stand out, and its neighbor Algeria suggests with its attitude, as does Spain, that it accepts such a situation. In ruptures’ times — the ceasefire by the Polisario Front in November 2020, and diplomatic relations by Algeria in August 2021 — the growing tension between Algeria and Morocco is at a much more dangerous level than in previous crises. The possibility of escalation, either in Western Sahara or at the common land border, is more present than ever, and the multiplication of deteriorating fronts in the Maghreb and the Sahel makes the situation much more volatile than before. Having analyzed the case of the relationship between Algeria and Morocco and its characteristics, we should not conclude this article without a reference to Spain. Morocco is undoubtedly an important commercial partner and a window of opportunity for Spain to develop significant business ventures. However, this should not make us forget that Morocco is also an actor that consistently plays an unfriendly role with its illegitimate territorial claims. In terms of national interest, it has never been clearer than today that Spain needs to have more demanding relations with Morocco, shaking off the constant annoyance represented by both its territorial claims and its attempts to consolidate the annexation of Western Sahara. And in the turbulent times of permanent tension between Morocco and Algeria, the latter country cannot be sacrificed by a Spanish foreign policy that should have a healthy and advantageous relationship with both states.

Diplomacy
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Press statement on the occasion of the visit of French President Emmanuel Macron

by Luiz Inácio Lula da Silva

한국어로 읽기 Leer en español In Deutsch lesen Gap اقرأ بالعربية Lire en français Читать на русском Press statement on the occasion of the visit of French President Emmanuel Macron Full statement to the press by the President of the Republic, Luiz Inácio Lula da Silva, following the visit of French President Emmanuel Macron in Brasília (DF), on March 28, 2024 It is a great joy to reciprocate the hospitality with which my delegation and I were received in Paris when I participated in the Summit for a 'New Global Financial Pact' last June. Over the past three days, we have carried out an extensive agenda that included stops in Belém, home to COP30; Itaguaí, where we have Prosub; and now Brasília, for a State visit. This true marathon gives a sense of the breadth of the cooperation and friendship ties between France and Brazil. Among traditional powers, none are closer to Brazil than France. And among emerging powers, you tell me if any are closer to France than Brazil. In today's highly complex international landscape, the dialogue between our nations serves as a vital bridge connecting the Global South to the developed world, fostering efforts to overcome structural inequalities and achieve a more sustainable planet. Brazil and France are committed to collaborating in advancing a shared global vision through democratic dialogue. A vision grounded in the priority of production over unproductive finance, solidarity over selfishness, democracy over totalitarianism, and sustainability over predatory exploitation. President Macron was able to personally witness that our commitment to the environment is not merely rhetorical. In the past year, we have reduced illegal deforestation in the Amazon by 50%, and we aim to eliminate it entirely by 2030. As a symbol of the revitalization of our partnership, today we embraced a New Action Plan, broadening our collaboration into new arenas. These include financing the ecological and energy transition, advancing in bioeconomy, agriculture, public administration, digital issues, artificial intelligence, and reinforcing human rights and gender equality on our bilateral agenda. This range of topics is reflected in the more than 20 agreements we celebrate today. We discussed the success of the Brazil-France Economic Forum, held yesterday in São Paulo, which had not convened presentially since 2019. We explored ways to expand and diversify trade, which reached 8.4 billion dollars last year and has the potential to grow even further. France is the third-largest investor in Brazil, with a strong presence in sectors such as hospitality, energy, defense, and high technology, which generate employment and income in our country. I presented to President Macron the new investment opportunities in infrastructure and sustainability facilitated by the Growth Acceleration Program (Programa de Aceleração do Crescimento - PAC) and the Neoindustrialization Program. I presented our commitment to combating inequalities as the cornerstone of Brazil's G20 Presidency. Within this context, we are launching a Global Alliance Against Hunger and Poverty. As we mark the 80th anniversary of the Bretton Woods institutions this year, President Macron and I concur on the imperative for the G20 to send a clear message advocating for global governance reform and the reinforcement of multilateralism. We also agree that it is time for the super-rich to pay their fair share of taxes, in line with the proposal for fair and progressive international taxation that Brazil advocates within the G20. As strategic partners, we exchanged views on the major dilemmas facing humanity. Across the globe, democracy is under the shadow of extremism. The denial of politics and the dissemination of "hate speech" are growing and concerning. For this reason, Brazil joined, in 2023, the French initiative Partnership for Information and Democracy and will continue to work to promote and protect the circulation of reliable information. It is time to promote a truly multilateral debate on the governance of artificial intelligence. It is unacceptable for a new divide to emerge, segregating wealthy nations, possessors of this technology, from developing countries where basic internet access remains precarious. I reiterated to President Macron Brazil's unwavering belief in dialogue and the defense of peace. My administration will continue working diligently to ensure that Latin America and the Caribbean remain a conflict-free zone, where dialogue and international law prevail. The Security Council's paralysis in response to the conflicts in Ukraine and Gaza is both alarming and inexplicable. The arguments questioning the obligation to comply with the recent ceasefire directive in Gaza during the month of Ramadan once again undermine the authority of the Council. Discussing a world governed by rules that are not collectively agreed upon signifies a regression of centuries, reverting back to the law of the jungle. Brazil categorically condemns all forms of anti-Semitism and Islamophobia. We cannot permit religious intolerance to gain ground among us. Jews, Muslims, and Christians have always lived in perfect harmony in Brazil, contributing to the construction of the modern nation we see today. Dear friend Macron, the Strategic Partnership with France embodies our joint endeavor to modernize and invigorate our economies, prioritizing sustainability and upholding human rights. I am convinced that, even after three intense days, there is still much work ahead of us. The future holds countless possibilities for our countries to cooperate, develop, and create together I look forward to seeing you again soon at the G20 Summit in Rio de Janeiro. Thank you very much.

Diplomacy
Paris, France, 25-04-2024 : Visit of the President of the Republic, Emmanuel Macron, for a major speech on Europe at the Sorbonne.

Macron’s Battle for his European Legacy

by Jacob Ross

한국어로 읽기 Leer en español In Deutsch lesen Gap اقرأ بالعربية Lire en français Читать на русском Emmanuel Macron’s second Sorbonne speech showed that the French leader wants to shape a European legacy that will outlast his presidency. In doing so, he also highlighted the major fault lines in the Franco-German relationship. In the end, it was a typical speech by French President Emmanuel Macron that members of the government and MPs, journalists and students heard on Thursday morning at the Sorbonne in Paris. It was too long, as the president himself admitted after about an hour. It was also too complicated, many listeners agreed: for almost seven years, translators, analysts, and often Macron’s own advisors have struggled with the metaphors and the convoluted three, four or five-point plans expounded by the president, who has been frequently accused in France of no longer being able to reach his fellow citizens. And yet it was a speech that no other current top politician in Europe would likely be capable of delivering. An emotional speech, sometimes angry and disappointed, then confident again, at times even rousing. A courageous speech, with a firework of analyses and proposals that addressed many pressing issues for the future of the EU. In between defense policy, the green and digital transformations of the economy and international trade policy, the protection of borders and asylum policy, and the threats to the liberal democracies of the West, one central concern dominated this long speech: the sovereignty of the European Union—an echo of his first Sorbonne speech of 2017, which has remained the obsession of the youngest and most pro-European president in French history. Disappointments in Defense Policy Right from the start, Macron measured himself against his own promises, particularly in security and defense policy, where strengthening the EU’s sovereignty is most urgently needed. In 2017, he proposed an EU intervention force, a defense budget, a doctrine for the armed forces, and the promotion of a strategic culture. Global political developments have since proved him right; Russia’s invasion of Ukraine has left Germany and other countries “bare” in terms of security policy since 2022. However, the EU has still not implemented Macron's proposals and so the security of 450 million EU citizens could once again depend on a few thousand voters in US swing states in the November presidential election there. If Macron is to be believed, however, there have been successes since 2017 that need to be built on after the forthcoming European Parliament elections this June. In terms of security policy, he included the European Intervention Initiative (EI2), which 13 EU member states have joined since 2017. The initiative only delivered a real operational impact in the form of the Takuba special forces mission, which fought terrorist groups in the Sahel from 2020 under French leadership. Berlin refused to take part in Takuba and it ended after a few months. The mission was also unable to prevent the EU from being ousted by Russia and other states in the Sahel and suffering a massive loss of influence. If Takuba is presented as a success, the EU’s Common Security and Defense Policy (CSDP) is in bad shape. Achievements to Be Built on in Future By contrast, the initiative to strengthen European sovereignty in economic policy, which Macron predictably emphasized in his speech, was truly successful from a French perspective. The fact that the German government agreed to take on joint EU debt in 2020 in the context of the COVID-19 pandemic is seen across party lines in Paris as the president's biggest European policy victory since 2017. Macron recalled that the then finance minister and current German chancellor, Olaf Scholz, even spoke of a “Hamiltonion moment” in an interview, alluding to a permanent joint EU budget. For Macron, this remains the prerequisite for genuine EU sovereignty and therefore a goal for the remaining three years of his presidency.
 

France is confident that it will be able to persuade the German government to take this step in the coming years. In his speech, Macron referred several times to a recently published report by former Italian Prime Minister Enrico Letta, which contains proposals for strengthening the EU single market and for joint investments and is likely to influence the agenda of the next European Commission. While Macron was giving his Europe speech, journalists in Brussels were speculating about the French president's support for Mario Draghi, another former Italian head of government who has ambitions for the commission presidency. The current president, Ursula Von der Leyen, who is German, was not mentioned at all in the speech. Draghi will also present recommendations for increasing EU competitiveness—very much in line with Macron. Signals to the German Partner Joint debt issuance will inevitably lead to renewed conflict between Germany and France in the coming months. Perhaps that is why Macron praised the relationship with Germany so frequently, emphasizing the value of the Aachen Treaty signed in 2019, cooperation during the pandemic and two joint arms projects that have recently made progress. Nevertheless, the French president could not resist a few digs. He emphasized the importance of nuclear power for the EU’s energy supply, praised French initiatives to form a “nuclear alliance” at the EU level, and called for the expansion of the “Europe of the atom.” More surprising than this old conflict was his allusion to the cannabis legalization introduced by Germany’s coalition government. He said some partners believed that the liberalization of drug policy was right, while he believed it to be wrong. Instead, the authority of the state should be strengthened. Fault Lines in the Franco-German Relationship Beyond these policy issues, the major fault lines in the Franco-German relationship also became evident in the second Sorbonne speech: Macron repeatedly emphasized the danger of the EU becoming a “vassal” of the United States, losing its independent voice in the world, and degenerating into a “corner of the West.” Macron said the era of free trade and globalization was coming to an end and he referred to the triad of European dependencies often cited in France these days, most of which are particularly aimed at Berlin: Russian gas, Chinese export markets, and US security guarantees. Both the US and China were increasingly ignoring international rules that only the EU abided by, he claimed. The EU was acting “naively,” endangering the competitiveness of its industries and risking being responsible for its own failure in the process. The palpable fear of decline that ran through Macron’s speech did not only refer to the economy. The old fear of the Europeans, especially the French, of being culturally dominated by the US also flared up in many places. The multilingualism of Europe's youth, which Macron had invoked in 2017, is in a bad way. Despite Brexit, English dominates the EU institutions in Brussels. This is unlikely to change in the future, on the contrary. Thanks to Netflix and TikTok, young people all over Europe speak the same language. The EU, Macron said, barely controlled this digital space anymore and produced no content. Even worse than the withering of multilingualism was the fact that the EU no longer offered any positive narratives. For observers of French politics, this clearly echoed Macron’s concerns about opinion polls ahead of the European elections. His party alliance is lagging far behind the far-right Rassemblement National party, whose 28-year-old leading candidate Jordan Bardella is particularly popular with first-time voters and on social media. Macron’s second Sorbonne speech was therefore also intended to boost the campaign of his party’s leading candidate in the European elections, Valérie Hayer. However, Macron confined himself to a few allusions, probably also because he is for the first time being perceived as a burden for his party’s chances in the election campaign. Departure from Macron While preparing his speech, Macron must have thought back more than once to his first Sorbonne speech in 2017. The new speech heralds the beginning of his farewell as president of France. He has around three years left to turn the optimistic promises made at the beginning of his first term into a European policy legacy that will outlast his presidency. At the end of his speech, Macron quoted Hannah Arendt: “The only way to influence the future” was to “make promises and keep them.” Macron has promised a lot since 2017. No matter what else one might think of him: he is a visionary, the likes of whom has not been seen in the German chancellery for many years. Perhaps that is why the great European, the former German finance minister, Wolfgang Schäuble, who died in December, wanted Macron to give a speech in recognition of his life's work. However, Macron still owes the EU the second part of Arendt's quote—the fulfillment of promises—in many areas. He knows that. And so, in parts of his speech, he came across as a driven man, one who is running out of time. This was also evident in another quote that Macron placed at the end of his speech, which raises the biggest question of all, the answer to which is anything but certain in France: Referring to Ernest Renan’s famous lecture, also delivered at the Sorbonne, in 1882, entitled: “What is a nation?” Macron called for the EU to ask itself the same essential question. If he succeeds in providing this impetus over the next three years, the EU would once again have something to offer, including to the young listeners of his speech. And Macron would have kept his big promise on European policy.


Energy & Economics
Export in Chains

Export bans and inter-state tensions: The need for a revised WTO export bans framework to address worrying state behaviour at the peak of the pandemic

by Dr. Seebal Aboudounya

Please note that this article is only available in English. Abstract: During the peak of the Coronavirus (SARS-CoV-2) pandemic, some states imposed export bans on medical goods to prevent their exportation during the emergency situation brought about by the Covid-19 pandemic. However, the manner in which this policy was applied caused much discontent especially between neighbouring countries and allies, particularly due to the confiscation of pre-ordered goods destined for countries also experiencing a crisis situation. This paper analyses the rise of inter-state tensions due to export bans at the peak of the pandemic and calls for the need to revise the World Trade Organization’s (WTO) export bans framework which currently contains a number of gaps exacerbating the problem and leaving a legal gap. The paper discusses those gaps in the WTO’s legal framework and highlights the areas in need of revision to avoid repeating the troubles of the past pandemic. Introduction Faced with political pressure and an extraordinary situation during the Coronavirus (SARS-CoV-2) pandemic, some countries resorted to the use of export bans as a tool to ensure that they have enough medical supplies for their population. However, their use of export bans also involved the confiscation of medical goods destined for delivery to their neighbours and allies. Such behaviour provoked discontent among those states expecting the delivery of their ordered medical supplies which were urgently needed as the death-toll from Covid-19 was sharply rising. This article starts by explaining the instances where confiscations using export bans occurred, namely between the United States and Germany, the US and Barbados as well as France and the United Kingdom. The paper also discusses the ‘near misses’ involving some European states where the export bans were initially used to confiscate the goods of other European countries, but then those goods were ultimately allowed to be delivered abroad to their delivery location. The discussion then shifts to the international legal framework of the World Trade Organization (WTO) governing the use of export bans and then shows how this legal framework is flawed in certain areas as it contains some gaps that may be exploited for conducting unconstrained confiscation operations. An overview of existing studies on export bans then reveals that this policy is already harmful in several ways (Evenett 2020a; Bown 2020; Barichello 2020). The article then ends with a concluding discussion emphasising how export bans are particularly harmful when used in relation to pre-ordered goods and reiterating the need for a revised WTO legal framework on export bans. Incidents of confiscations using export bans The three incidents below all occurred during the peak of the covid pandemic in 2020 when countries faced life and death situations. The three cases also involved the use of export bans to justify the confiscation of medical goods pre-ordered by other states. US vs Germany This incident occurred on 3rd April 2020 involving the United States and Germany (Crump 2020). This particular event captured a lot of media attention and included the release of high-level statements from both sides, with accusations of “modern piracy” being directed towards the US (BBC 2020a). The main issue here was that approximately 200,000 N95 masks that Germany had ordered for its police force were diverted to the United States (Selinger 2020). The masks shipment dispatched from China from an American company was diverted to the US during a transfer between planes in Thailand (Selinger 2020). Germany stated that the masks were confiscated in Bangkok by American officials and that those masks were ordered from a US producer (Crump 2020; DW 2020). The next day, the US company 3M denied Germany’s claims and told a German news agency that it did not have any paperwork regarding a shipment for Germany (DW 2020). However, Germany had made it clear on 3rd April that it had ordered and paid for those urgently needed masks from a US company (Berlin 2020). In fact, Germany referred to earlier accusations made by French officials against the US for buying France’s masks in China and added that “the U.S. administration has obliged the American conglomerate 3M by law to supply the U.S. with as many N95 respiratory masks as possible, such as those used in hospitals” and that “the group also manufactures in China” (Berlin 2020a). Significantly, the media was already reporting how the American company 3M “has been prohibited from exporting its medical products to other countries under a Korean-War-era law invoked by President Donald Trump” (BBC 2020a). The BBC (2020a) added that “on Friday [3rd April], Mr Trump said he was using the Defence Production Act (DPA) to demand that US firms provide more medical supplies to meet domestic demand”. Zooming in on Trump’s official statements during the Coronavirus Task Force Press Briefing reveals significant information when he stated that:  I’m also signing a directive invoking the Defense Production Act to prohibit export of scarce health and medical supplies by unscrupulous actors and profiteers. The security and Secretary — the Secretary of Homeland Security will work with FEMA to prevent the export of N95 respirators, surgical masks, gloves, and other personal protective equipment. We need these items immediately for domestic use. We have to have them. […] We’ve already leveraged the DPA to stop the hoarding and price gouging of crucial supplies. Under that authority, this week, the Department of Health and Human Services, working with the Department of Justice, took custody of nearly 200,000 N95 respirators, 130,000 surgical masks, 600,000 gloves, as well as bottles — many, many, many bottles — and disinfectant sprays that were being hoarded (Whitehouse 2020, emphasis added).  Trump’s statements are important because they include the significant number of 200,000. Although Trump did not specify where those 200,000 N95 were confiscated from, the number remains important (BBC 2020a); it is the same number of masks that Germany reported. More importantly, the official statement also supports the fact that the DPA was used as a tool for confiscating goods. Trump’s statements describe these good as being ‘hoarded’ prior to their confiscation, however, the statements from Germany’s side indicate that those masks were intended for the German people. As significant as Trump’s statements were the ones made by Berlin’s Interior Senator who blamed the US for the confiscation of the N95 masks (DW 2020). In fact, he stated that:  We consider this an act of modern piracy. This is not how you deal with transatlantic partners. Even in times of global crisis, there should be no wild west methods. I urge the federal government to urge the United States to comply with international rules (Berlin 2020b; BBC 2020a).  As such, this incident saw direct statements from the German side, indicating that Germany saw the US’ behavior as deviating from international rules. Yet despite Trump’s statements in the press briefing, he directly addressed the German incident, denying the claims by saying that “there has been no act of piracy” (Crump 2020). Similarly, the spokeswoman for the American embassy in Bangkok denied that the US had knowledge of the mask shipment bound for Germany (Tanakasempipat 2020). Despite the US’ constant denial of state involvement, it remains a fact that an order of 200,000 masks destined for Germany was never delivered. Moreover, at no point did the developments mention non-state entities, but rather, the discourse had remained solely at the inter-state level and the main issue for discussion was the US’ use of the Defence Production Act to secure vital medical goods. US vs Barbados On the 5th of April, Barbados was brought into the picture when 20 ventilators donated to Barbados by a Philanthropist where “barred from exportation” by the US government (Barbados Today 2020). Moreover, as stated by the Barbadian Health and Wellness minister, these ventilators were already “paid for” (Barbados Today 2020). In explaining this incident, the Health minister clarified that “it has to do with export restrictions being placed on certain items” (Connell 2020). Thus, the Barbados incident was another instance where export bans were used as the justification for confiscating important medical supplies that were destined for another country. As for the US’ response to this incident, The Miami Herald wrote that a State department spokesperson’s email response “seemed to suggest that some previous media reports about seized medical exports may not be accurate” (Charles 2020). However, given that this is an incident relating to a Caribbean Island whose relations with the US are far from hostile, it is unlikely that this confiscation incident was characterised by significant inaccuracies. France vs UK Another instance of confiscation via export bans was reported during the pandemic, but this time, the location was Europe. The incident happened in March 2020 and had the UK’s National Health Service (NHS) as the victim and France as the accused. France’s actions were reported by Euronews when it stated that:  France has forced a face mask manufacturer to cancel a major UK order as the coronavirus-inspired scramble for protective gear intensifies. The National Health Service ordered millions of masks from Valmy SAS near Lyon earlier this year as COVID-19 threatened. But amid a global shortage, France earlier this week ordered the requisition of all protective masks made in the country (Euronews 2020). France’s export ban placed the company in an uncomfortable situation as it was prohibited from fulfilling the NHS’ order. Indeed, the company director commented that "the requisition does not allow any wiggle room for us to deliver to the NHS, but it is complicated because the NHS was the first client to order and uses our masks all year long” (Euronews 2020). It is important to note that four months later, the Guardian revealed that Valmy had a contract with the NHS that was signed in 2017 where this company “was required to deliver almost 7m FFP3 respirator masks to the UK at 17p per mask in a pandemic situation as soon as the order was activated” (Davies and Garside 2020). The NHS did indeed activate the contract in early February, however, the French “sweeping requisition decree” ultimately meant that France seized the masks within its borders (Davies and Garside 2020). Near misses: tensions in Europe The incidents below can be described as “near misses" as the accused states initially confiscated other state’s products, but eventually gave them back to their neighbours. The cases here are particularly useful for showing how the misuse of export bans has the potential to harm diplomatic relations between neighbouring states and allies, especially when the ban is placed over other states’ pre-ordered goods. Germany vs neighbours One of such instances occurred between Germany and Switzerland, but this time Germany was the accused. The incident was reported on the 9th of March 2020 and caused a strain in Germany’s relationship with Switzerland during the pandemic. The “diplomatic spat” started a week after the German government banned exports on most protective medical goods (Dahinten and Wabl 2020). Switzerland was particularly angered when 240,000 masks travelling to it were blocked from crossing the German border to enter Switzerland (Dahinten and Wabl 2020). Switzerland then called the German ambassador for “an emergency meeting” regarding this issue amid a very tense situation, especially when it hardly manufactures protective equipment itself (The Local 2020). Eventually after a call was scheduled between the leaders of both countries, Germany modified the ban on the 12th of March, adding exemptions and then removed it completely the following week (Hall et al. 2020). Germany’s diplomatic relations were equally weakening with another neighbour, but this time, the neighbour was a European Union (EU) member. The point of conflict was of course the export ban on protective equipment. The Austrian Economy minister commented on this ban by stating that:  It can’t be that Germany is holding back products for Austria just because they happen to be stored in a German location […] these products are for the Austrian market, and unilateral moves by Germany are just causing problems in other countries (Dahinten and Wabl 2020).  Such statements indicate that placing export bans on other states’ goods seriously angers the importing states as such bans make them feel that their interests are being completely ignored by their counterparts. France vs neighbours France also got a share of the criticism in March when it seized the supplies of the Swedish company Mölnlycke located in France after announcing an export ban on masks and other medical goods (AP 2020; Marlowe 2020). The conflict erupted between France and Sweden when the French ban was placed over Mölnlycke’s Lyon Warehouse that is responsible for distributing personal protective equipment to Southern Europe as well as Belgium and the Netherlands (Marlowe 2020). Significantly, the seized stock was composed of 6 million masks, all of which “had been contracted for”, including a million masks each to Italy and Spain (Marlowe 2020). Eventually, France allowed the shipments to go to Italy and Spain despite initial reluctance to do so (AP 2020). However, the easing of the situation was mainly due to the “crucial efforts” of Sweden’s prime minister who was thanked by Mölnlycke on the 4th of April for his role in the removal of the French export ban on the Lyon Warehouse (Mölnlycke 2020). It is important to note that this instance also made its way to the European Parliament on the 3rd of April where the French export ban was questioned and criticised as “yet another demonstration of the lack of European solidarity” (EP 2020). Thus, this specific incident resonated across the whole of Europe, and not in a positive way. Export bans: the GATT framework The international law on export bans falls under the competence of the WTO, particularly the General Agreement on Tariffs and Trade 1994 which itself is mainly composed of the 1947 GATT agreement (GATT 1994). Significantly, article XI of the agreement titled ‘General Elimination of Quantitative Restrictions’ prohibits the use of export bans when it states that:  No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of any other contracting party (GATT 1994).  However, the agreement leaves out certain exemptions where this prohibition does not apply, the relevant one here being “export prohibitions or restrictions temporarily applied to prevent or relieve critical shortages of foodstuffs or other products essential to the exporting contracting party” where the GATT clearly states that “the provisions of paragraph 1 of this Article shall not extent to” it (GATT 1994, XI, 2(a)). The emphasis on the temporary application of such measures is important and is further clarified in the WTO’s timely report on “export prohibition and restrictions” issued at the peak of the Covid pandemic where it explained that:  The reference to a measure that is "temporarily applied" indicates that the carve-out applies to measures applied for a limited time, taken to bridge a "passing need". In turn, "critical shortage" refers to deficiencies in quantity that are crucial, that amount to a situation of decisive importance, or that reach a vitally important or decisive stage, or a turning point (WTO 2020, annex 1).  Of relevance to the export bans legal framework is also Article XX of the GATT (1994) titled “General Exceptions” that states how:  Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures […] (b) necessary to protect human, animal or plant life or health.  Thus, here the GATT agreement allows countries to use export bans when it is necessary to protect lives. The WTO’s report confirms the relevance of this exception to the Covid-19 situation when it explains that:  In the context of COVID-19, Article XX(b) of the GATT 1994 could be used to justify a ban or quantitative restriction on the exportation of goods, so long as such a measure would be necessary and effective in contributing to protecting the health of that country's citizens (WTO 2020, Annex 1).  Thus, in terms of international law, countries are allowed to make use of export bans when faced with exceptional circumstances. During the Covid pandemic, the WTO member states did indeed make use of the exceptions and exemptions codified in the GATT agreement while informing the WTO of their new policies (Pauwelyn 2020, 107). However, when life is back to normal, their use remains illegal. Thus, overall, the export bans legal situation can be described as residing in a ‘legal grey zone’ whereby their use, though normally prohibited, can be justified and permitted in serious situations requiring them (Pelc 2020, 349). Nonetheless, it is important to note that the international legal framework here does not provide clarification for situations where the export ban exemption is placed on pre-ordered or pre-paid-for goods supposed to go to other countries. Indeed, the current legal framework suffers from a number of ambiguities as explained below. The first ambiguity relates to the term “destined goods.” When prohibiting export bans, article XI speaks of “export of any product destined for the territory of any other contracting party”. Thus, clearly, countries cannot put their hands on goods going to other countries for this would be illegal. However, the carve-out intended to “prevent or relieve critical shortages” is not detailed enough as to clarify if this also applies to goods “destined” for other countries (GATT, article XI, 2(a)). Even if the “destined” statement is applied to the exemption, the ambiguity remains. Much of the ambiguity rests on how to interpret the term “destined” from the export prohibition paragraph: is the term “destined” applied here generally whereby a company in Country X is an exporter and thus it’s goods will naturally be “destined” for other countries, or does the term imply goods that are ready-to-travel to other countries who have already placed an order or paid for goods? Clearly, it’s the second interpretation when applied as an exemption that has been the cause of conflict between the states in the previous section. However, regardless of which interpretation is intended in the GATT, instances where countries confiscate orders destined for other countries is seen as politically and morally unacceptable by the latter; “modern piracy” was how Germany described it. Thus, whatever the world leaders had in mind when they agreed to this exemption, clearly it now needs a lot of clarification. Secondly, there is ambiguity over the situation regarding donated goods. This is an important question especially given the Barbados case. Here the goods sold in country X were already bought in Country X (from a philanthropist in Country X) to be sent to country Y. Thus, a transaction had already taken place and the goods now belong to the philanthropist who is kindly giving this order to Country Y. Does an export ban apply to this situation? Logically, there is little to no justification for its application in this scenario, but the GATT agreement still needs to confirm this. Thirdly, there is ambiguity over the situation of “guest” companies. Given the globalised world we live in, does this exemption apply to international companies geographically located in country X? This was the main cause of tension between Sweden and France when France imposed the export ban over the Swedish company’s Warehouse. A logical consideration of this situation would lead to a ‘no’ answer to this question, but it is also acknowledged that the company may be subject to the geographical jurisdiction and the laws of the country that it is located in. Thus, it is important that the relationship between the host country and the foreign company is clarified when it comes to export prohibitions. Fourthly, there is ambiguity over the timeline of enforcing an export ban policy. The Covid crisis saw quick decisions being taken and implemented. This was particularly the case with export bans and was to the detriment of the importing states. In the case of the US-Germany incident, the confiscation of the masks on their way to Germany occurred hours before the US president announced invoking the defence production Act. In fact, the US policy on export restrictions became official on the 7th of April after the Federal Emergency Management Agency published it (Bown 2020). Significantly, FEMA stated that “this rule is effective from April 7, 2020 until August 10, 2020” (FEMA 2020). Thus, the obvious question arises: on what basis were the masks going to Germany confiscated? Similarly, on what basis were the ventilators destined for Barbados blocked by the US on the 5th of April? If the WTO steps in to advise on the implementation of such export bans, the situation would be greatly improved. Finally, there is ambiguity over the extent to which one country may enforce its policy, particularly in other countries. The US-Germany case was sensationalised by an “international hunt” for masks in Bangkok; thus, here the US officials imposed the export ban on an American company in a foreign country outside their national jurisdiction. However, the question remains, is this permissible under the GATT? The GATT articles did not go that far, but it is important that the international legal framework answers this question. Overall, several unanswered questions resulting from the brevity of the GATT’s article on export bans require answers. Filling in those gaps in the GATT would greatly improve the legal framework on export bans and ease tensions between member states. The next section takes a closer look at export bans, particularly their discussion in the literature and their unwelcome effects. The effects of export bans The academic literature on export bans mainly focuses on their effects, either on several states or on specific case-studies. Prior to Covid-19, a number of studies were mainly concerned with the effects of export bans following the food price crisis in 2007-2008 when countries made use of export restrictions on agricultural commodities in an attempt to stabilise domestic markets (e.g. Liefert, Westcott, and Wainio 2012; Dorosh and Rashid 2013; Timmer 2010). However, following the coronavirus pandemic, some studies have focused on their use on medical goods and agricultural goods as well as on their effects (Koppenberg et al. 2020; Pelc 2020; Evenett 2020b). Nevertheless, what unites almost all the studies on export restrictions is that they mainly agree that such bans do more harm than good. The recent studies on export bans are important because they demonstrate how this policy results in negative effects. For example, Simon Evenett (2020a, 831) in his recent work argues that “export bans on masks, for example, erode the capability of trading partners to cope with the spread of COVID-19. Rather than beggar-thy-neighbour, export bans on medical supplies effectively sicken-thy-neighbour”. He further analyses the effect of the export ban from the perspective of the developing countries cut-off from receiving advanced medical equipment such as ventilators, and explains that whenever this policy is implemented, “a significant share of the world’s population” is prevented from accessing this vital equipment (Evenett 2020a, 832). Evenett (2020a, 833) therefore recommends that governments consider other alternatives to export bans that “do not impede foreign purchases”. Significantly, Evenett also discusses the effect of the export curbs on the exporting country itself and argues that this policy is counter-productive:  Whatever temporary gain there is in limiting shipments abroad, the loss of future export sales will discourage local firms from ramping up production and investing in new capacity, which is exactly what the WHO has called for. In practical terms, during a pandemic this mean that an export ban “secures” certain, currently available medical supplies at the expense of more locally produced supplies in the future (Evenett 2020a, 832).  Internationally, export bans have also been shown to have severe effects on several countries at once. Chad Bown’s (2020, 43) work on the Covid pandemic demonstrates how “taking supplies off the global market can lead to higher world prices and reduced quantities, harming hospital workers in need in other countries”. He also cautions that their use during the pandemic may invoke a “multiplier effect”, similar to the one observed during the sharp price increases of agricultural goods in the 2000s when “one country’s export restriction led to additional global shortages, further increasing world prices, putting pressure on other countries to impose even more export restrictions” (Bown, 2020, 44). Richard Barichello’s (2020, 223) study on Covid-19 and the agricultural sector also highlights the negative effect of export bans while observing how some countries have already imposed export restrictions on staple goods such as rice and cereal products during the pandemic. Barichello acknowledges that such export bans could have a positive effect on countries such as Canada if a consequence of such a ban increases the price of a commodity that it exports. However, he also explains the gravity of the adoption of export bans during current times when he writes that:  The distributional effects of adding export restrictions will, like the COVID-19 crisis itself, fall most heavily on the poor in importing countries by reducing trade, raising food prices, and reducing food security in all but the export countries of that commodity (Barichello 2020, 223). Export bans have also been shown to have “intangible” negative effects that are also significant. Hoekman, Firoini and Yildirim’s (2020) study focuses on export bans from an “international cooperation” perspective and emphasises the foreign policy damages resulting from export bans. The authors write that “in the case of the EU, the immediate policy responses of some member states may have damaged the European project by eroding trust among European partners” (Hoekman, Firoini and Yildirim 2020, 78). Simon Evenett (2020b, 54) adds that export restrictions are a “gift to those economic nationalists abroad that want to unwind or shorten international supply chains”; such nationalists can then claim that relying on the foreign market is unreliable. It is significant that the WTO itself discusses a similar point in its Covid-19 report on export restrictions when it lists the following as part of the “other possible consequences” of export bans:  An erosion of confidence in the multilateral trading system, in particular if restrictions negatively impact the most vulnerable, especially least-developed countries, whose healthcare systems are already strained. It would be difficult for importing members to trust a system that fails to produce tangible benefits in times of crisis and may lead to general calls to ensure that production of medical and other products only take place at the national level (WTO 2020, 9).  The WTO (2020, 9) also highlights how from a health-perspective, export bans may ultimately weaken the fight against the coronavirus when it states how: “given its global nature, if some countries are not able to combat the disease, this coronavirus, or mutated strains of it, will inevitably recirculate and contaminate the populations of all countries, including those imposing the export restrictions”. Thus, an export ban on medical goods is not the soundest policy to implemented during a pandemic. Effects of export ban confiscations & concluding thoughts It is important to consider the consequences of using export bans specifically as a confiscation technique. The points raised above are still of high relevance. However, there are three main disadvantages that are particularly prominent when countries place export bans on other states’ goods. Firstly, enforcing this policy on the goods of other states creates severe tensions between countries at different levels. The first one is at the diplomatic level whereby the officials of country Y express their discontent to officials of country X. Such tensions then easily transmit to other places. Indeed, at the citizenry level, these tensions take the foreground as the citizens in country Y read the news and frown at what their neighbouring states are doing to them in times of need. Thus, the misuse of export bans can be seen as a threat to diplomacy, international trade, and to the principles of establishing friendly relations between states and peoples. Secondly, shortages and stress are another effect of this policy when enforced on other states’ goods. When countries place orders, it is usually because they have a need for those orders. When those orders are then confiscated, those expecting the orders are left empty-handed and in a stressful situation. The stress is generated after the realisation that their plans for fighting the virus have been compromised; orders placed months or weeks ago will now not reach their borders despite those orders being just hours away from arrival. In the above cases, the German police and the NHS had to deal with the unpleasant news that their mask orders will not arrive. Such export bans create a difficult situation for the importing nations and for their institutions, as they then try to seek alternative suppliers at a very short notice. Finally, the implementation of this policy on other states’ orders sends worrying empirical signals. Scholars of IR when they first learn about international politics naturally ask whether the world we live in is a very “realist” world characterised by “survival of the fittest” instinct, or whether it is a world that accommodates international law and inter-state cooperation, despite anarchy. This is the essence of the classical debate between Realists and neo-Liberal Institutionalists (Mearsheimer 1994; Walt, 1997; Ikenberry 2011; Martin 1992). It is reassuring that in the previous discussion, the WTO still had a role to play. The European Commission also tried to solve the disputes arising between its members over the export bans (EC 2020). However, despite those interventions, it was clear that the cause of the problem was the unilateral export ban policy that was quickly being implemented at the discretion of the member states over what was destined for other states. As such, there is an urgent need for the WTO to revise its export ban legal framework to prevent the above scenarios from ever repeating in the future. 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Baldwin and Simon J. Evenett eds., COVID-19 and Trade Policy: Why Turning Inward Won’t Work. London: CEPR press, pp. 31-47. https://cepr.org/publications/books-and-reports/covid-19-and-trade-policy-why-turning-inward-wont-work Charles, Jacqueline. 2020. “Barbados accuses U.S. of blocking ventilators for coronavirus, then walks back allegation.” Miami Herald. 6 April. https://www.miamiherald.com/news/nation-world/world/americas/haiti/article241783756.html Connell, Antoinette. 2020. “Bostic: Ventilators not seized.” Nation News. 6 April. https://www.nationnews.com/2020/04/06/bostic-ventilators-not-seized/ Crump, James. 2020. “US denies diverting masks headed for Germany after Trump administration accused of ‘modern piracy’.” The Independent, 6 April. https://www.independent.co.uk/news/world/americas/coronavirus-masks-update-trump-germany-facemasks-bangkok-modern-piracy-a9449976.html Dahinten, Jan and Matthias Wabl. 2020. “Germany Faces Backlash From Neighbors Over Mask Export Ban.” Blomberg. 9 March. https://www.bloomberg.com/news/articles/2020-03-09/germany-faces-backlash-from-neighbors-over-mask-export-ban Davies, Harry and Juliette Garside. 2020. “Revealed: NHS denied PPE at height of Covid-19 as supplier prioritised China.” The Guardian. 20 July. https://www.theguardian.com/world/2020/jul/20/revealed-nhs-denied-ppe-at-height-of-covid-19-as-supplies-sent-to-china-coronavirus Dorosh, Paul. A. and Shahidur Rashid. 2013. “Trade subsidies, export bans and price stabilization: Lessons of Bangladesh–India rice trade in the 2000s.” Food Policy, 41, 103-111. https://doi.org/10.1016/j.foodpol.2013.05.001 DW. 2020. “US firm denies German ‘piracy’ claims over vanished face masks.” DW, 4 April. https://www.dw.com/en/us-firm-denies-german-piracy-claims-over-vanished-face-masks/a-53017112 EC. 2020. “Communication from The Commission To The European Parliament, The European Council, The Council, The European Central Bank, The European Investment Bank And The Eurogroup: Coordinated economic response to the COVID-19 Outbreak.” European Commission, 13th March, Brussels. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0112 EP. 2020. “Parliamentary questions, subject: Masks intended for Italy blocked by France.” European Parliament. 3rd April. https://www.europarl.europa.eu/doceo/document/P-9-2020-002075_EN.html Euronews, R. 2020. “Coronavirus: French protective mask manufacturer scraps NHS order to keep masks in France.” Euronews, 6 March. https://www.euronews.com/2020/03/06/coronavirus-french-protective-mask-manufacturer-scraps-nhs-order-to-keep-masks-in-france Evenett, Simon J. 2020a. “Sicken thy neighbour: The initial trade policy response to COVID‐19.” The World Economy, 43 (4), pp. 828-839. https://doi.org/10.1111/twec.12954 Evenett, Simon .J. 2020b. “Flawed prescription: Export curbs on medical goods won’t tackle shortages.” in COVID-19 and Trade Policy: Why Turning Inward Won’t Work, edited by Richard E. Baldwin, and Simon J. Evenett. London: CEPR press, pp. 49-61. https://cepr.org/publications/books-and-reports/covid-19-and-trade-policy-why-turning-inward-wont-work FEMA. 2020. “Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use.” Federal Emergency Management Agency, 85 FR 20195, 10 April. https://www.federalregister.gov/documents/2020/04/10/2020-07659/prioritization-and-allocation-of-certain-scarce-or-threatened-health-and-medical-resources-for GATT. 1994. “General Agreement on Tariffs and Trade 1994.” World Trade Organization. https://www.wto.org/english/docs_e/legal_e/06-gatt_e.htm Hall, Ben. et al. 2020. “How coronavirus exposed Europe’s weaknesses.” Financial Times. October 2020. https://www.ft.com/content/efdadd97-aef5-47f1-91de-fe02c41a470a Hoekman, Bernard, Matteo Fiorini, and Aydin Yildirim. 2020."COVID-19: Export controls and international cooperation." in Richard E. Baldwin and Simon J. Evenett eds., COVID-19 and Trade Policy: Why Turning Inward Won’t Work. London: CEPR press, pp. 77-87. https://cepr.org/publications/books-and-reports/covid-19-and-trade-policy-why-turning-inward-wont-work Ikenberry, G. John. 2011. Liberal Leviathan: The origins, crisis, and transformation of the American world order. Princeton: Princeton University Press. https://doi.org/10.2307/j.ctt7rjt2 Koppenberg, Maximilian, Martina Bozzola, Tobias Dalhaus and Stefan Hirsch. 2021. “Mapping potential implications of temporary COVID‐19 export bans for the food supply in importing countries using precrisis trade flows.” Agribusiness, 37(1), pp.25-43. https://doi.org/10.1002/agr.21684 Liefert, William .M., Paul Westcott, and John Wainio. 2012. “Alternative policies to agricultural export bans that are less market-distorting.” American Journal of Agricultural Economics, 94(2), 435-441. https://doi.org/10.1093/ajae/aar103 Marlowe, Lara. 2020. “Coronavirus: European solidarity sidelined as French interests take priority.” The Irish Times. 30 March. https://www.irishtimes.com/news/world/europe/coronavirus-european-solidarity-sidelined-as-french-interests-take-priority-1.4216184 Martin, Lisa. 1992. “Interests, power, and multilateralism.” International Organization, 46(4): 765-792. DOI: https://doi.org/10.1017/S0020818300033245 Mearsheimer, John .J. 1994. “The false promise of international institutions.” International security, 19(3): 5-49. https://doi.org/10.2307/2539078 Mölnlycke. 2020. “French export ban for face masks lifted.” Mölnlycke, 4th April. https://www.molnlycke.com/news/news-archive/french-export-ban-for-face-masks-lifted/ Pauwelyn, Joost. 2020. “Export restrictions in times of pandemic: Options and limits under international trade agreements.” In COVID-19 and Trade Policy: Why Turning Inward Won’t Work, edited by Richard E. Baldwin and Simon J. Evenett. London: CEPR press, pp. 103-109. https://cepr.org/publications/books-and-reports/covid-19-and-trade-policy-why-turning-inward-wont-work Pelc, Krzysztof. 2020. “Can COVID-Era Export Restrictions Be Deterred?.” Canadian Journal of Political Science, 53(2), 349-356. https://doi.org/10.1017/S0008423920000578 Selinger, Hannah. 2020. “Stealing masks and stockpiling hydroxychloroquine – What America has become during this epidemic is deeply worrying.” The Independent, 6 April. https://www.independent.co.uk/voices/coronavirus-us-masks-trump-hydroxychloroquine-covid-19-drug-a9450261.html Tanakasempipat, Patpicha. 2020. “Accused of 'piracy', U.S. denies diverting masks bound for Germany.” Reuters, 6 April. https://uk.reuters.com/article/uk-health-coronavirus-masks/accused-of-piracy-u-s-denies-diverting-masks-bound-for-germany-idUKKBN21O0YR The Local. 2020. “Coronavirus: Germany blocks truck full of protective masks headed for Switzerland.” The Local. 9 March. https://www.thelocal.com/20200309/germany-blocks-protective-masks-headed-for-switzerland/ Timmer, C. Peter. 2010. “Reflections on food crises past.” Food policy, 35(1), 1-11. https://doi.org/10.1016/j.foodpol.2009.09.002 Walt, Stephen, M. 1997. “The progressive power of realism.” American Political Science Review, 97(4): 931-935. https://doi.org/10.2307/2952177 Whitehouse. 2020. “Remarks by President Trump, Vice President Pence, and Members of the Coronavirus Task Force in Press Briefing.” Whitehouse.gov., 3 April. https://www.whitehouse.gov/briefings-statements/remarks-president-trump-vice-president-pence-members-coronavirus-task-force-press-briefing-18/ WTO. 2020. “Export prohibitions and restrictions.” World Trade Organization, information Note, 23 April. Available from: https://www.wto.org/english/tratop_e/covid19_e/export_prohibitions_report_e.pdf

Defense & Security
The national flags of NATO members fly outside the organization's headquarters in Brussels, Belgium, on April 3, 2023.

NATO anniversary 2024 - 75 years of the defense alliance

by Christina Bellmann

한국어로 읽기 Читать на русском Leer en español Gap In Deutsch lesen اقرأ بالعربية Lire en français What is required of member states between now and the Alliance's anniversary summit in Washington D.C. from July 9 to 11 75 years after its founding, NATO is facing an unprecedented set of challenges. The global security landscape is changing rapidly - from the ongoing war in Ukraine to crucial elections on both sides of the Atlantic. The summit in Washington D.C. will not only be a celebration of the past, but also a crucial marker for the future direction of the Alliance.  NATO is in troubled waters ahead of its 75th birthday - on the one hand, it is not 'brain dead' but offers protection to new members - on the other hand, the challenges are enormous in view of the war in Ukraine.  In the third year of the war, the military situation in Ukraine is serious. The military is coming under increasing pressure and European partners are delivering too little and too slowly.  Western support must be stepped up in order to influence the outcome of the war - Russia's future behavior towards its neighbors also depends on this.  Elections will be held on both sides of the Atlantic in 2024 - the US presidential election in November will be particularly decisive for NATO.  Two thirds of NATO member states are well on the way to meeting the two percent national defense spending target - Germany in particular must ensure that this target is met in the long term.  Now it is up to the leadership of larger countries such as Germany, France and Poland to develop traction in European defense in order to present a future US president with a resilient burden-sharing balance sheet and not leave Ukraine - and the European security order - in the lurch. Return to the core mission In the 75th year of its existence, the North Atlantic Defense Alliance has returned to its core mission: deterrence and defense against a territorial aggressor. NATO defense planning will be reviewed for its resilience before the NATO summit in Washington D.C. from 9 to 11 July 2024. What challenges does the Alliance face in its anniversary year and what needs to happen between now and the NATO summit to make the summit a success? The state of the Alliance ahead of the summit NATO is in difficult waters ahead of its 75th anniversary. On the one hand, it has proven since the beginning of the Russian war of aggression that it is capable of acting and not brain-dead. The two new members, Finland and Sweden, have given up their decades of neutrality because their populations are convinced that they are better protected against Russian aggression within the 30 allies, despite the excellent condition of their military. On the other hand, the admission process has taken much longer than was to be expected given the high level of interoperability of both countries with NATO standards. It took a good twenty months since the application was submitted for both flags to fly on the flagpoles in front of NATO headquarters in Brussels - the internal blockade by Turkey and Hungary is an expression of the Alliance's challenge to maintain a united front against the Russian threat. The Vilnius decision of 2023 to adhere to the previous two percent target for annual defense spending as a percentage of national gross domestic product (GDP) as a minimum figure in future and even to strive for additional spending beyond this is an enormous effort for the members of the alliance - and the biggest point of criticism from its sceptics. The implementation of this goal goes hand in hand with the further development of the defense posture, which was also decided in Vilnius. This includes new regional defense plans that provide for more combat-capable troops that can be deployed more quickly. The Washington summit will show how far the Alliance has come in this respect in a year - gaps between targets and actual capabilities would consequently have to be covered by investments that go beyond the two percent GDP contributions. There are also a number of other important events and factors that will influence the summit. Ukraine's military situation In the third year of the war, the military situation in Ukraine is serious. The fighting has largely turned into a war of position, with high casualties on both sides. The sluggish supply of support from the West means that the Ukrainians have to make do with significantly less than their defense needs. The European Union has failed to meet its promise to deliver one million 155-millimetre shells within a year (by March 2024), while the Russian war economy is producing supplies in multiple shifts. This imbalance is making itself painfully felt in the Ukrainian defense - due to the material deficit, nowhere near enough Russian positions can be eliminated and Russian attacks repelled, and Ukrainian personnel on the front line are depleted. President Volodymyr Zelensky is coming under increasing pressure to mobilize fresh forces for the front. As a result, the Ukrainian military is having to give up some of its terrain in order to conserve material and personnel and take up the most sustainable defensive position possible for the coming weeks and months until relief hopefully comes. comes.1 The Czech initiative to procure half a million rounds in 155 millimeter caliber and 300,000 rounds in 122 millimeter caliber on the world market for Ukraine by June 2024 is urgently needed - but it does not change the fact that Europe and the West are delivering too little and too late, despite the efforts that have been made so far and must continue to be made.2 Even if the US and Europe were to produce at full speed, it would only be half of what Russia produces and receives in support from its allies. Western support therefore urgently needs to be ramped up, as it is of crucial importance for the outcome of the war - and for Russia's future behavior in its neighborhood. Upcoming elections A series of landmark elections will take place on both sides of the Atlantic in the run-up to the summit. The US presidential elections in November 2024 will be of the greatest importance for the future direction of NATO. To date, the USA has been the largest single supporter of Ukraine in the military field; in addition, the USA has decisive weight in the coordination of concrete support from NATO countries - the German Chancellor has repeatedly oriented himself towards US arms deliveries when it comes to the question of German support or even made this a condition for his own commitments.3 While the Democrats in the US Congress continue to support aid packages to Ukraine, the Republican Party is dominated by voices around presidential candidate Donald Trump calling for this "European war" to be left to the Europeans and for domestic challenges to be addressed instead.4 This has led to a months-long blockade of further aid amounting to 60 billion US dollars in the US House of Representatives, which is led by a wafer-thin majority of Republicans. Ukraine urgently needs these supplies to avert shortages in ammunition and air defense. At the time of publication of this Monitor, a release of the funds is not in sight. In terms of foreign policy, there is a bipartisan consensus that the real danger for the USA lies in a systemic conflict with China. Among Republican supporters, impatience with the continuation of the war is increasing, while approval for further support for Ukraine is decreasing. The mood among the general population is similar: between April 2022 and September 2023, the view that the US is doing "too much" for Ukraine increased (from 14% to 41%).5 On the European side, the most important milestone for further support for Ukraine is the election of the new European Parliament from 6 to 9 June 2024. Since the outbreak of the war, approval ratings in the EU for support for Ukraine have been remarkably stable.6 Even in the face of a sometimes difficult economic environment in the 20 eurozone states, approval ratings for the continuation of aid to Ukraine have only fallen slightly in a few EU states - starting from a high level. While the broad center of the EP groups (EPP, S&D and Renew) are united in their support for Ukraine and the transatlantic alliance, the foreign and security policy positioning of the far-right parties of the ECR and ID groups and the non-attached groups is not always clear. According to Nicolai von Ondarza and Max Becker from the German Institute for International and Security Affairs (SWP), while the ECR parliamentary group "largely plays a constructive and compatible role" in foreign and security policy, including with regard to NATO and Ukraine, parts of the ID parliamentary group such as the French Rassemblement National (RN) or the German AfD either voted against resolutions critical of Russia in parliament or abstained.7 According to Olaf Wientzek from the Konrad Adenauer Foundation, both the ECR and ID can expect significant seat gains in the upcoming EP elections.8 In terms of numbers, the ID and ECR groups are competing with Renew to be the third strongest force behind the EPP and S&D - according to current estimates, they all have between 80 and 90 seats. It would be conceivable for the currently non-attached Hungarian Fidesz (currently 13 MEPs) to join both the ECR and ID. In view of the increasing co-decision role of parliament - including for further Ukraine support packages - it is important for the EU how these parties and party alliances position themselves in terms of foreign and security policy.9 In fact, parties in the ID faction represent Russian propaganda within Europe in order to exert influence through disinformation, subversion and mobilization and thus undermine the social consensus with regard to Ukraine and NATO.10 This may also become apparent in individual elections, such as in the eastern German states in September 2024. Economic pressure - prioritizing defence? Global inflation averaged 6.2% in 2023. Current forecasts assume falling inflation rates in the Euro-Atlantic region over the course of 2024 to 2026.11 At the same time, however, global economic growth of 3.1% (2024) and an expected 3.2% (2025) compared to the previous year is well below the projections for the post-pandemic recovery.12 The combination of higher consumer prices and slower economic recovery continues to pose the risk of declining approval for strong support within the populations of the European Ukraine-supporting states. Protests in the face of announcements of cuts in various policy areas have demonstrated this in Germany and Europe over the past year. This does not make it easy to prioritize defence spending from a national perspective for the coming years. In the case of Germany, the defense budget is competing with all other departments in the budget negotiations for 2025, which are calling for an increase in social spending and investments in view of the current burdens on the population.13 At the same time, inflation does not stop at military procurement. As early as 2022, Germany therefore had to cancel a number of planned procurement projects due to increased costs.14 The cost increase also affects the maintenance of existing equipment and personnel. Even if Germany nominally reaches the two percent target in 2024, the increases in national defense spending within the Alliance will actually be lower when adjusted for inflation. Systemic threat from China The increasing systemic confrontation with China is not only identified in the US national security strategy; for the first time, China was classified as a concrete threat by NATO in its Strategic Concept of 2022. China is threatening to annex the democratically governed island of Taiwan to its territory, possibly by military means.15 This would have enormous global escalation potential and far-reaching effects on important international sea routes. Concerns about free trade routes are leading to a convergence of threat perceptions on both sides of the Atlantic. As a result, many European partners are rethinking their relations with China - as is Germany in its China strategy. China's global ambition to restructure the existing multilateral order according to its own ideas does not only affect Taiwan's independence. China's supremacy in key technical and industrial sectors as well as critical infrastructure, rare raw materials and supply chains would lead to a deepening of existing dependencies. Because the USA sees China as a systemic threat to international order, freedom and prosperity, it has been refocusing its efforts since President Obama took office. European NATO partners are therefore expected to invest in Europe's security themselves. Only greater burden-sharing by the Europeans would enable the USA to focus its attention more strongly on the Indo-Pacific. Challenges in new dimensions In addition to the geopolitical challenges outlined above, NATO designated space in 2019 as an additional battlefield to the existing fields - land, air, sea and cyberspace - due to its increased importance.16 In recent decades, China has rapidly expanded its presence in space in both the civilian and military sectors.17 The war in Ukraine has once again underlined the importance of satellite-based intelligence and the significance of connected weapons for combat. In addition, the effects of man-made climate change, which also have an impact on security in the Euro-Atlantic alliance area, have recently become increasingly apparent. At the 2021 NATO summit in Brussels, the Alliance set itself the goal of becoming a leading international organization in understanding and adapting to the effects of climate change on security.18 To this end, it adopted the "Climate Change and Security Action Plan". The NATO countries' homework A successful NATO summit in the anniversary year 2024 would send an important signal of the unity and defense capability of the Euro-Atlantic alliance in the face of Russia's breach of international law in a time of systemic competition. NATO member states are confronted with a complex threat situation ahead of the next summit in Washington D.C.. These give rise to various requirements: More NATO members must reach the two percent target In financial terms, the Washington summit will probably be considered a success if a substantial number of member states reach the two percent target. In 2023, this was the case for eleven countries (Poland, USA, Greece, Estonia, Lithuania, Finland, Romania, Hungary, Latvia, UK, Slovakia).19 In February 2024, NATO Secretary General Jens Stoltenberg announced on the sidelines of a meeting of the Ukraine Contact Group in Brussels that 18 countries would reach the target by the summit.20 Germany, the Netherlands, Czech Republic, Bulgaria, Denmark, Albania and North Macedonia are the countries that have recently reached the target.21 The newest NATO member, Sweden, increases the number to.19 Achieving the two percent target for defense spending is not an end in itself. The discussion within NATO as to whether one should deviate from the numerical contribution target and instead assess the actual capabilities contributed by the individual member states is not a new one. Amounts of money to measure collective defense remain the simplest way to approximate burden-sharing within NATO - and until all countries have achieved this, it will remain the relevant metric in the political discussion. From NATO's perspective, the gap between the desired capabilities listed in the defense plans and the troop contingents registered by the member states has widened steadily of late. In reality, there is no way around increased defense spending in order to adequately equip the required personnel, who would have to be subordinate to the NATO Supreme Allied Commander (SACEUR) in an emergency - from a military perspective, the demand is therefore increasingly being made that two percent should be the minimum target. In order to achieve all the required capabilities, larger contributions are needed from all nations. Due to the threat situation and political pressure, it seems possible that 21 countries, i.e. two thirds of the member states, will meet the two percent target by the NATO summit in Washington. In addition to the 19 countries mentioned above, these are France22 and Montenegro.23 Turkey wants to achieve the target by 2025,24 although this commitment is uncertain in view of the poor economic situation. Italy wants to spend two percent within the next two years25, while Norway should reach the target by 2026 according to Prime Minister Jonas Gahr Stoere26. Slovenia has set 2027 as the target date for meeting the commitments27, while Portugal, Spain and Belgium have set 2030 as the target date. Canada (1.38%), Croatia (1.79%) and Luxembourg (0.72%) have not provided any information. Reduce bureaucracy, speed up procurement In material terms, the main aim is to convert the increased defense spending into "material on the farm" in a timely manner. To achieve this, the planning and procurement processes in many European countries need to be accelerated, made less bureaucratic and at the same time better coordinated. The common European defense will require massive improvements in the coming years. Some announcements have already been made during the pre-election campaign for the European Parliament; here, too, what counts is how the announcements are implemented after the election. Progress must also be made in the area of research and development in order to invest scarce resources in state-of-the-art systems. The question of joint development versus off-the-shelf procurement of available equipment will also have to be decided in many cases. A rethink in European procurement is essential for this. This is primarily the responsibility of the European nation states: long-term contracts with the arms industry must be concluded urgently, cooperation initiated and loans granted for production. Strengthening EU-NATO cooperation and NATO partnership policy NATO's Strategic Concept and the EU's Strategic Compass show a strong convergence in threat analysis. The EU has effective starting points and tools, particularly for cross-cutting challenges such as combating climate change, the threat of hybrid attacks and the protection of critical infrastructure. With the European Peace Facility and other instruments, a concrete institutional framework has been created to strengthen the European pillar in NATO and contribute to fairer burden-sharing on both sides of the Atlantic. The EU and NATO should further intensify the exchange on common challenges and utilize the strengths of the respective forum. In addition to the partnership with the EU, the member states should continue to promote NATO's partnership policy. 2024 marks the 25th anniversary of NATO's eastward enlargement and the 30th anniversary of NATO's Partnership for Peace program. In view of a global confrontation with Russia and an increasingly aggressive China, it is worth taking a look at the instruments that were devised during the Cold War with a view to 'like-minded' partners outside the Alliance. NATO's partnership policy - adapted to the new circumstances - is an ideal instrument for forging close ties with democratic nations in the Indo-Pacific that share NATO's interests and values.28 Investing in interoperability NATO must continue to act as a "guardian of standards" in favor of military interoperability. This year's major exercises as part of "Steadfast Defender 2024" and "Quadriga 2024" will show, among other things, which weaknesses still exist in the various dimensions of interoperability in practical tests. In addition, care must be taken to ensure that military innovations from pioneers within NATO do not leave the Alliance's other allies behind in technical terms. This does not mean that technological progress is slowed down in a race to the bottom; instead, member states with lower expenditure on research and development must be enabled to catch up more quickly - especially in areas such as space technology and the use of artificial intelligence in warfare, it is becoming increasingly important to avoid the technological gap between the members of the alliance. What does this mean for Germany? The Federal Chancellor's announcement on February 27, 2022 that the establishment of the 100 billion euro special fund heralded a turning point in Germany's security policy was seen everywhere in Germany and within the Alliance as the right decision in view of Russia's aggression. In his speech, Olaf Scholz emphasized that Germany was not seeking this expenditure to please allies. The special fund serves national security. However, the acute threat to European security remains and although the NATO target will be reached in 2024, the future of Germany's defense budget is anything but certain. However, investment in the Bundeswehr's defense capabilities is essential to contribute to credible deterrence. The foundation for securing sustainable defense spending in Germany's medium-term financial planning must be laid now, otherwise two percent - depending on the spending status of the special fund - may already be unattainable in 2026, when the regular federal budget is once again used as the basis for calculating the NATO target. As the budget for 2025 will not yet have been decided at the NATO summit in July 2024, the Chancellor will need to make a credible commitment to the allies that Germany will not fall behind. The Bundeswehr will also have to stretch itself enormously in order to achieve the troop levels announced for the new defense plans. The number of servicewomen and men is currently stagnating at just under 182,000. 29 In order to be able to provide the brigade in Lithuania in addition to the nationally required forces and to meet the division commitment for 2026, the Bundeswehr must come significantly closer to the target figure of 203,300 active servicewomen and men by 2027.30 The questions of how many of the 182,000 soldiers available on paper are also willing to become part of the brigade in Lithuania and how many of the total number are actually deployable in an emergency have not even been asked at this point. What counts now - political leadership The security situation in Europe is serious and NATO has no shortage of challenges in its 75th year of existence. It is in good shape to meet these challenges and has welcomed two strong nations into its ranks, Finland and Sweden. However, it is now important not to let up in the efforts that have been agreed. A united external stance is key here, as the current NATO Secretary General Jens Stoltenberg never tires of emphasizing. His successor will have to continue this. Even more important, however, are actual, concrete and substantial actions - the English expression "put one's money where one's mouth is" must be the leitmotif of all European NATO nations in view of the US elections at the end of the year, regardless of the outcome. Ultimately, political leadership is what counts within the alliance in virtually all the areas mentioned - and it matters now. Many smaller countries in Europe look to the larger member states such as Germany, France and Poland for leadership. This applies both in terms of sustainable compliance with the two percent target and when it comes to political agreement and cooperation in the field of armaments. Here, the larger states have a role model and leadership function that can develop traction and pressure on the Alliance as a whole. This political leadership will be more important than ever for the European representatives in NATO in 2024. At the moment, however, it seems questionable whether the current leadership vacuum can be filled before the NATO summit. Germany, France and Poland have not yet been able to develop a jointly coordinated stance that could have a positive effect. It is therefore also questionable whether the NATO summit will be able to send important signals beyond the minimum objectives. The US presidential election hangs over everything like a sword of Damocles - the erratic leadership style of another US President Donald Trump could be difficult to reconcile with the strategic goals of the alliance. Imprint This publication of the Konrad-Adenauer-Stiftung e. V. is for information purposes only. It may not be used by political parties or election campaigners or helpers for the purpose of election advertising. This applies to federal, state and local elections as well as elections to the European Parliament. Publisher: Konrad-Adenauer-Stiftung e. V., 2024, Berlin Design: yellow too, Pasiek Horntrich GbR Produced with the financial support of the Federal Republic of Germany. References 1 Reisner, Markus: So ernst ist die Lage an der Front. In: Streitkräfte und Strategien Podcast, NDR Info, 12.03.2024, online unter: https://ogy.de/0ne7 2 Zachová, Aneta: Tschechische Initiative: Munition für Ukraine könnte im Juni eintreffen. Euractiv, 13.03.2024, online unter https://ogy.de/gofh 3 Besonders eindrücklich bleibt das Beispiel der Lieferung schwerer Waffen in Erinnerung: so rang sich Bundeskanzler Scholz zur Freigabe der Lieferung Leopard-Panzer deutscher Fertigung erst nach amerikanischer Zusage von Abrams-Panzern von militärisch zweifelhaftem Mehrwert durch. 4 Dress, Brad: Ramaswamy isolates himself on Ukraine with proposed Putin pact. In: The Hill, 01.09.2023, online unter: https://ogy.de/c9ow 5 Hutzler, Alexandra: How initial US support for aiding Ukraine has come to a standstill 2 years later. ABC News, 24.02.2024, online unter https://ogy.de/h0z6 6 Grand, Camille u.a.: European public opinion remains supportive of Ukraine. Bruegel, 05.06.2023, online unter https://ogy.de/ipbu 7 von Ondarza, Nicolai und Becker, Max: Geostrategie von rechts außen: Wie sich EU-Gegner und Rechtsaußenparteien außen- und sicherheitspolitisch positionieren. SWP-aktuell, 01.03.2024, online unter: https://ogy.de/a62v 8 Wientzek, Dr. Olaf: EVP-Parteienbarometer Februar 2024 - Die Lage der Europäischen Volkspartei in der EU. Konrad-Adenauer-Stiftung, 06.03.2024, online unter https://ogy.de/fv9b 9 s. Footnote 7 10 Klein, Margarete: Putins „Wiederwahl“: Wie der Kriegsverlauf die innenpolitische Stabilität Russlands bestimmt. In: SWP-Podcast, 06.03.2024, online unter: https://ogy.de/7i5s 11 Potrafke, Prof. Dr. Niklas: Economic Experts Survey: Wirtschaftsexperten erwarten Rückgang der Inflation weltweit (3. Quartal 2023). ifo-Institut, 19. Oktober 2023, online unter: https://ogy.de/wunq 12 Umersbach, Bruno: Wachstum des weltweiten realen Bruttoinlandsprodukts (BIP) von 1980 bis 2024. Statista, 07.02.2024, online unter: https://ogy.de/5ohz 13 Petersen, Volker: Ampel droht Zerreißprobe: Vier Gründe, warum der Haushalt 2025 so gefährlich ist. N-tv, 07.03.2024, online unter: https://ogy.de/9fcl 14 Specht, Frank u.a.: Regierung kürzt mehrere Rüstungsprojekte. Handelsblatt, 24.10.2022, online unter: https://ogy.de/71z3 15 Vgl. Wurzel, Steffen u.a.: Worum es im Konflikt um Taiwan geht. Deutschlandfunk, 12.04.2023, online unter https://ogy.de/ddc1 16 Vogel, Dominic: Bundeswehr und Weltraum - Das Weltraumoperationszentrum als Einstieg in multidimensionale Operationen. Stiftung Wissenschaft und Politik, 01.10.2020, online unter: https://ogy.de/c7m1 17 Rose, Frank A.: Managing China‘s rise in outer space. Brookings, letzter Zugriff am 18.09.2023, online unter https://ogy.de/374g 18 Vgl. Kertysova, Katarina: Implementing NATO’s Climate Security Agenda: Challenges Ahead. In: NATO Review, 10.08.2023, online unter: https://ogy.de/ho94 19 Vgl. Statista: Defense expenditures of NATO countries as a percentage of gross domestic product in 2023. Abgerufen am 18.09.2023 online unter https://ogy.de/wtsb 20 Neuhann, Florian: Ukraine-Kontaktgruppe in Brüssel: Eine Krisensitzung - und ein Tabubruch? ZDF heute, 14.02.2024, online unter https://ogy.de/rezf 21 Mendelson, Ben: Diese Nato-Länder halten 2024 das Zwei-Prozent-Ziel ein. Handelsblatt, 15.02.2024, online unter https://ogy.de/quiu 22 Kayali, Laura: France will reach NATO defense spending target in 2024. Politico, 15.02.2024, online unter https://ogy.de/7vdd 23 https://icds.ee/en/defence-spending-who-is-doing-what/ 24 Vgl. Daily Sabah: Türkiye’s defense spending expected to constitute 2% of GDP by 2025. 21.10.2022, online unter https://ogy.de/xtbr 25 Vgl. Decode39: Defence spending: Rome’s path towards the 2% target. 20.07.2023, online unter https://ogy.de/c0g3 26 Waldwyn, Karl: Norwegian defence chief sounds alarm and raises sights. In: Military Balance Blog, International Institute for Strategic Studies, 23.06.2023, online unter https://ogy.de/8b4a 27 Vgl. Army Technology: Russian threat driving Slovenia’s defence budget increase. 02.08.2022, online unter https://ogy.de/c5y7 28 Vgl. Kamp, Dr. Karl-Heinz: Allianz der Interessen. In: IP, Ausgabe September/Oktober 29 Vgl. Bundeswehr. Stand: 31.07.2023, abgerufen am 19.09.2023, online unter: https://ogy.de/m69j 30 Bundeswehr: Ambitioniertes Ziel: 203.000 Soldatinnen und Soldaten bis 2027. Online unter https://ogy.de/3pzs

Defense & Security
Raid at the Mexican Embassy in Quito, Police capture Jorge Glas

Are embassies off-limits? Ecuadorian and Israeli actions suggest otherwise − and that sets a dangerous diplomatic precedent

by Jorge Heine

한국어로 읽기 Читать на русском Leer en español Gap In Deutsch lesen اقرأ بالعربية Lire en français It has long been held that embassies should be treated as “off-limits” to other nations. Yet in a single week, two governments – both long-established democracies – stand accused of violating, in different ways, the laws surrounding foreign diplomatic missions. First, on April 1, 2024, Iran’s embassy in Damascus was bombed, presumably by Israel, killing several high-ranking commanders of the Quds Force of Iran’s Islamic Revolutionary Guard Corps. Then, on April 5, Ecuadorian police forced their way into the Mexican Embassy in Quito to arrest a former vice president of Ecuador who was seeking political asylum. Both actions have led to claims of international law violations and accusations that the Vienna Convention, which establishes the immunity of diplomatic missions, was contravened. As someone with a fair amount of knowledge of embassy life – I have served as Chile’s head of mission in China, India and South Africa and coedited The Oxford Handbook of Modern Diplomacy – I believe the two incidents are of greater concern than much of the international community appears to be viewing them. Contrary to the famous quip from late businessman and presidential candidate Ross Perot, embassies are not just “relics of the days of sailing ships.” Rather, in an increasingly complex world where geopolitical conflict, mass migrations, pandemics and climate change require careful and stable diplomatic management, any incidents that erode the sanctity of embassy rules could have serious negative consequences. In short, they make for a more dangerous world. Curious indifference to embassy attack Of the two recent incidents, the Iranian embassy bombing is the more serious, as it involved the loss of life and resulted in warnings of retaliatory attacks. Yet, Western countries, leaders of which often voice concern over upholding the so-called “rules-based order,” have been reluctant to condemn the act. It was notable that the three liberal democracies on the U.N. Security Council – the United States, the United Kingdom and France – all refused to condemn the strike on Iran’s embassy when the issue came up before them. Israel, while not officially acknowledging responsibility, argued that the Iranian ambassador’s residence was not really a diplomatic venue but “a military building … disguised as a civilian building.” As such, to Israel it was a perfectly legitimate target. But by this logic, nearly all embassies would be seen as fair game. Almost by definition, the vast majority of embassies – particularly of the larger countries – are populated with significant numbers of military and intelligence personnel. To suggest that for that reason embassies should lose their diplomatic immunity and become legitimate targets for armed attacks would bring the whole edifice of the Vienna Convention crashing down. And with it would come the structure on which worldwide formal diplomatic interactions are based. Bedrock diplomatic principles The case of Ecuador, though less serious because it did not involve loss of life, is a bit more complex and demands some unpacking. At the center of the diplomatic spat between Ecuador and Mexico is former Ecuadorian Vice President Jorge Glas, who served four years behind bars following a 2017 conviction on corruption charges. Glas is now facing trial on different charges, prompting his December 2023 application for asylum at the Mexican Embassy. Mexico accepted the request and conveyed this to the Ecuadorian government. The latter justified its decision to send police into the Mexican embassy on the grounds that it believes Glas cannot be granted political asylum as he is a convicted felon. There is some basis to this claim: Under the Organization of American States’ Convention on the Right to Asylum of 1954, political asylum cannot be given to convicted felons unless the charges behind such conviction are of a political nature. But at the same time, Article 21 of the Vienna Convention states that diplomatic missions enjoy full immunity and extraterritoriality, meaning the host government does not have the right to enter an embassy without the authorization of the head of mission. Ecuador argues that Mexico abused its diplomatic immunity, leaving it no option other than to send police in. Yet, here a crucial distinction needs to be made. Diplomatic immunity and the extraterritoriality of foreign missions are bedrock principles of the Vienna Convention. Political asylum is a separate matter that should be handled on its own. As such, if the Ecuadorian government considered Glas not to qualify for political asylum, it could have attempted to legally block the move or refuse safe passage for the asylum-seeker to exit the embassy and leave the country. Mexico would have strong grounds to counter such measures, however, as according to the Convention on the Right to Asylum of 1954, it is up to the asylum-granting state to decide whether the case is politically motivated. Implications for the future Regardless of the merits of the asylum case, sending in the equivalent of a SWAT team to storm the embassy represents a deliberate violation of diplomatic norms. There is a long history of Latin America politicians seeking asylum who spent many years holed up in embassy buildings because governments would not grant them safe passage – the most notable being Peruvian leader Víctor Raúl Haya de la Torre, who spent five years at the Colombian Embassy in Lima. Yet, with a few exceptions, not even in the darkest hour of Latin America’s military dictatorships in the 1960s and 1970s were police permitted to storm into embassy buildings to arrest asylum-seekers. And this highlights what makes Ecuador’s actions especially worrisome. Precisely because of Latin America’s problems with political instability and a tradition of military coup, the laws surrounding political asylum and diplomatic immunity are necessary. Undermining the Vienna Convention in the way Ecuador has risks setting a precedent that other governments might be tempted to follow. Political asylum in Latin America has traditionally worked as a safety valve, allowing deposed leaders to get themselves out of harm’s way. Weakening the diplomatic structures in place supporting asylum will make the handling of democratic breakdowns more difficult. It also risks exacerbating regional disagreements. We are already seeing this with Mexico breaking relations with Ecuador as a result of the embassy raid. Making diplomacy more difficult Of course, embassy violations are not unprecedented. Guatemala’s dictatorship attacked the Spanish Embassy in Guatemala City in 1980, killing several asylum-seekers, including a former vice president. And Uruguay’s military government sent security forces into the Venezuelan Embassy in Montevideo in 1976 to arrest a left-wing militant who had sought asylum, leading to the breakdown of diplomatic relations between the two countries. But those events in the relatively distant past were widely and rightly condemned at the time as the product of authoritarian regimes with little regard for international conventions. The comparatively relaxed international attitude to the embassy violations by Israel and Ecuador reflects, I believe, a failure to grasp the significance of eroding diplomatic immunity and norms. As global challenges increase, embassies and their representatives become more important, not less so. If the takeaway from the two latest embassy incidents is that the protection of diplomatic premises can be secondary to whatever is politically expedient on any given day, then it will be of great detriment to the management of international relations. Diplomacy will become much more difficult. And given the enormity of the challenges the world faces today, that is the last thing any country needs.

Defense & Security
The flag of Haiti on the world map.

Haiti: between violance and political instability

by Rosa Eugenia Sandoval Bustos

Haiti is experiencing a widespread crisis of its institutions, political turmoil, high levels of poverty, disorder and increasing violence in the streets. Last nearly 5,000 people were assassinated and another 2,500 were kidnapped, according to the United Nations, more than double the number in 2022. [1] In this context, on March 11th, Prime Minister Ariel Henry, who is out of the country, announced his resignation once the necessary mechanisms for the transition of the government are in place. This publication describes the events that led to Henry’s resignation, the international community’s reaction, the outbreak of violence, as well as some points for reflection on what lies ahead for the Caribbean country. The resignation of Ariel Henry The current Prime Minister of Haiti, came to power following the assassination of the country’s former president, Jovenel Moise, in 2021. He had previously stated that he would resign in February, but later indicated that he would do so only once national security was restored. On February 29, following pressure from members of the Caribbean Community (CARICOM), Henry pledged to hold general elections before August 31st next year. In the meantime, the regional mechanism would send an assessment team to help plan the elections. [2] Although CARICOM does not have a unified foreign policy, they “generally promote democratic governance” in their public discourse, said Rasheed Griffith, executive director of the ‘Instituto de Estudios del Progreso del Caribe’. [3] Henry’s reluctance to resign soon caused the violent protest to escalate, especially in Port-au-Prince, where most of the city is controlled by gangs. Among the gangs, one leader, Jimmy Chérizier, has stood out, calling for Henry’s government to be overthrown and warning of a “civil war that will lead to genocide” if the prime minister does not resign. [4] In addition, last January, the mandates of the last ten elected senators in Haiti officially expired, leaving the country without any officials elected by the people. Moreover, Henry’s government is linked to that of the also controversial Moise, who in any case, would have ended his term in February 2022. Henry has remained in office without constitutional legitimacy. [5] Last week, after traveling abroad, Henry tried to return to Haiti, but had to change his itinerary because gangs blocked access to the Port-au-Prince airport. The Prime Minister sought to land in the Dominican Republic and cross the border but was prevented from doing so by the neighboring nation’s authorities, so he was deviated to Puerto Rico. The United States then urged the Caribbean leader to “accelerate the transition to an empowered and inclusive governance structure.” [6] Originally, Henry had gone to Kenya to sign an agreement to pave the way for a multinational force to operate in Haiti. Amidst the growing violence and insecurity on the streets, the European Union evacuated its personnel on March 14th. The spokesman for the diplomatic division of the European Commission, Peter Stano, said that the bloc is “extremely concerned” about the situation, given the attacks on hospitals and prisons, food shortages and blocked infrastructures. [7] The US Armed Forces also withdrew non-essential personnel from its embassy, as reported by the Southern Command in a statement. [8] The UN has stated that it will remain in Haiti. On March 11th, senior officials from different countries met in Kingston, Jamaica, for a meeting convened by CARICOM to analyze the crisis. The US State Department reiterated Washington’s support for the creation of an “independent” body to assume presidential powers in Haiti, as well as the deployment of a security mission to help contain the violence. It also announced that it will provide 300 million pesos to alleviate the situation in the Caribbean country. [9] The initiative, which contemplates these resources, is under review by the House of Representatives’ Foreign Affairs Committee [10]. From Puerto Rico, Henry participated in the CARICOM meeting virtually. At the end of the meeting, during a press conference, the temporary president of the Caribbean Community and leader of Guyana, Irfaan Ali, announced that Henry had agreed to resign from his position. He said the prime minister would step down after “the establishment of a transitional presidential council and the appointment of an interim authority”. Later, in a video, Henry stated that he would continue to “handle current affairs until the appointment of a prime minister and a government”. The council will include the participation of the main political parties, the private sector and the Montana Agreement, a coalition that proposed the formation of an interim government and a roadmap following Moise’s assassination [11]. Among the members of the mechanism is the political force Pitit Desalin, led by former senator and presidential aspirant Moise Jean-Charles. The EDE party of former Prime Minister Charles Joseph, the Fanmi Lavalas formation, and the December 21st coalition led by Henry, will also have a vote [12]. In addition, there will be two non-voting observers, one from civil society and another from the religious community. None of the members of the collegiate body may have been accused or convicted in any jurisdiction, be sanctioned by the UN, or seek a position in the upcoming elections in the country [13]. In theory, this council should be defined tomorrow, Thursday, March 14th, in the meantime, negotiations are underway to define who will form this structure [14]. The United States indicated that Henry could stay in Puerto Rico or go anywhere in its territory in case it is unsafe to return to Haiti [15]. Actions to set up a multinational support mission Since 2022, Prime Minister Henry called on the international community to integrate a support mission to strengthen the Haitian National Police (HNP) [16]. Kenya responded to this call in July 2023, when it announced its intention to “lead” the initiative and send “1,000 police officers to the Caribbean nation” [17]. In October 2023, the United Nations Security Council (UNSC) adopted Resolution 2699, authorizing the deployment of a multinational ad hoc security support mission to Haiti, under the leadership of Kenya [18]. The start of this operation has been delayed due to challenges in African country’s courts, which a few days ago the leaders of Haiti and Kenya tried to resolve by signing a bilateral security agreement. The international community has responded very timidly to the initiative. The Bahamas pledged 150 people. Jamaica and Antigua & Barbuda expressed their willingness to help. Benin offered to send 2,000 soldiers [19]. Spain also showed interest in contributing to the cause. However, on March 10th, the UN stated that despite the promises, a trust fund to pay for this force only amounts to 10 million dollars [20]. The new mission will not be a blue helmet operation. Its objectives will be to protect the state institutions, as well as critical infrastructure and transportation hubs. They will also seek to pacify gangs. It has been reported that an advanced contingent of several hundred officers will be deployed to survey the terrain [21]. To avoid repeating the problems the UN mission has had in the country, such as the spread of cholera and cases of exploitation and sexual abuse, there will be very rigorous scrutiny to oversee the multinational mission. This time the Security Council resolution demands appropriate wastewater management measures to prevent the introduction and spread of disease, as well as robust, secure, and accessible mechanisms for lodging complaints and conducting investigations into any allegations of misconduct, including sexual assault [22]. However, for the time being, Kenya has communicated that the deployment of its agents is on hold until a new government is formed in the Caribbean nation, as officials said on March 12th. Spike in violence and importance of gangs Port-au-Prince has been the epicenter of gang violence, especially the National Police stations, its cadet academy, the prisons, from which more than 3,500 prisoners have fled, the Sylvio Cator national stadium and the international airport [23]. On March 3rd, the Government declared a state of emergency and a curfew in most of the country, [24] which will be extended until March 22nd. The gang members’ main demand was the resignation of the prime minister, although they also seek to prevent the deployment of international forces. According to international analyst Robert Muggah, the gangs hope to be part of a governing council to lead the country [25]. According to a report done by the Global Initiative against Transnational Organized Crime, there are up to 200 gangs operating in Haiti, and almost half of them have a presence in Port-au-Prince. They range from small groups of youths sharing guns to gangs of more than a thousand people with permanent salaries and automatic weapons that belong to hierarchical organizations. There are two more visible groups: the G-Pèp and the G-9 Family, which control the poorest neighborhoods of the capital. They have been linked to political parties: the G-9 is close to the ruling Haitian Tèt Kale, while the G-Pèp tends to support opposition forces. In this crisis, the G-9 and its allies have taken over the ports and roads surrounding the country’s main airport [26]. Delinquency controls 80% of the capital [27]. Gang members are often aligned with elite businessmen and politicians who finance them [28]. The leaders of some gangs announced an informal alliance called “Vivre Ensemble” (Living Together). As noted above, the most notable leader is Jimmy Chérizier, who is known as “Barbeque”. He was an elite policeman and has shown himself to be bloodthirsty in his operations [29]. Reports say his gang was receiving support from the government of Jovenel Moise [30]. While CARICOM leaders met to discuss the situation in Haiti, Chérizier told reporters that if the international community continued on the same path, it would only “generate more chaos”. “We Haitians have to decide who is going to be the leader of the country and what model of government we want” [31]. Clashes in Port-au-Prince have caused hundreds of inhabitants of the northern part of the capital to flee their homes. The UN reported that more than 800 people died in January. The violence is also driving tens of thousands of Haitians out of the country. The Dominican Republic is the main destination of that diaspora. For this reason, President Luis Abinader issued a cry for help to “save” Haiti [32]. For now, the Dominican government maintains the cancellation of flights to and from Haiti and on March 6th, Carlos Luciano Díaz Morfa, Minister of Defense, announced that they have incorporated strict security measures in the border zone, including more equipment and more personnel [33]. In the United States, the Defense Department and military officials told the Congress that they must be prepared for a possible mass migration from Haiti [34]. Dozens of people have died in the violent attacks and over 15,000 Haitians have been left homeless after fleeing their communities during these clashes. Food, water, fuel, and medical care are scarce. The humanitarian situation is dire. As a result, many people feel that the best thing to do is to leave the country [35]. According to the United Nations, approximately one million people are on the brink of famine, with 350,000 displaced [36]. What’s next after the Prime Minister’s resignation Some experts wonder what role the gangs will play. Robert Fatton, an expert on Haitian politics at the University of Virginia, says they will necessarily have to participate in the national discussion. Officials will have to deal with the groups and try to convince them to disarm [37]. According to an analysis by Crisis Group, the gangs will have two options in the face of deployment of the multinational forces: if they perceive weakness, they will not submit, but if they see that the intervention is strong, they will consider under what conditions they could disarm [38]. In these circumstances, gangs have emerged as power brokers in Haiti for the first time, posing a challenge for any transitional government [39]. However, for many civic and religious groups involved in the talks, this is a red line. Chérizier’s next steps are unknown. Days ago, he said that if Henry resigned, “all areas around Port-au-Prince that are blocked or inaccessible will be reopened” and “attacks on police stations will stop” [40]. He also vowed to begin “the real fight against the system of oligarchs and corrupt people” and proposed his own “peace plan”. He demands total amnesty for gang members and that the country be governed by a “council of wise men” in which he would have a place [41]. On March 11th, Chérizier announced that the “Viv Ansanm” gang alliance will not recognize any government resulting from the agreement with CARICOM and that “it is up to the Haitian people to designate their rulers”. On the other hand, an advisor to Guy Philippe, the former rebel leader who recently returned to Haiti and called for “revolution” against Henry, warned that any new government must include him [42]. There is uncertainty about the timing of the transition. For now, security conditions in Port-au-Prince are precarious, while doubts persist about the timetable for deploying an international mission to reinforce the local police and restore order [43]. These days, Henry’s resignation seems to have eased the situation in the capital, as no attacks on government offices or police stations have been reported. The main CPS cargo port opened, and some fuel was allowed to leave the Varreux facilities near the port. However, protests continue in opposition to the CARICOM plan [44]. The economist and political scientist Joseph Harold writes about three aspects of the crisis. First, Haitians are in a humanitarian emergency and aid is not enough. The distribution of supplies should be done by national institutions, not international agencies. This practice weakens the institutional framework. Resources to alleviate the emergency amount to 720 million dollars and only 16% have been collected [45]. In terms of security, it will be difficult for the multinational solution to be successful. Experts are skeptical that a relatively small force led by Kenya, whose officers speak English, not Creole or Frech, will help control the situation [46]. Wooldy Edson Louidor, a Colombian-Haitian professor at the Javeriana University of Colombia, affirms that the support of the international community is important, “but to achieve a Haitian solution. And this involves returning to constitutional order” [47]. Haitians have traditionally opposed any foreign intervention in their internal affairs and pride themselves on being the first black republic to emerge after a slave revolt during European colonialism [48]. The third point is the elections that must be organized [49]. This is not a recipe for conflict resolution, but it is a necessary step. It gives the international community and local actors a goal to work towards [50]. In this sense, analyst Philippe de Bard points out the importance of designing an electoral system that contemplates the constitution of a reliable electoral roll, the integration of a permanent electoral council and the creation of an independent dispute mechanism. He believes that it will be necessary to evaluate the necessary constitutional reforms. A new electoral law requires the approval of the Haitian Parliament, which does not exist today [51]. The immediate term, the challenge is to control the gangs and create a capable police force. After that, the effort should focus on developing a political strategy to establish conditions for free elections [52]. According to proposals by leading figures, this could happen in about two years [53]. In 2009, writer and journalist Sergio Ramirez did a report on Haiti, following two devastating hurricanes and before the 2010 earthquake. He interviewed the head of the UN Stabilization Mission, Hédi Hannabi, who said, “this is not the classic peacekeeping mission, because there are no two parties in conflict, what we have is anarchy, the presence of gangs, and the absence of institutions. If we were to leave today, chaos would ensue. The problem is that more than ten years later, the disorder situation continues [54]. References [1] Frances Robles, “¿Cuáles son las pandillas que han invadido la capital de Haití y qué quieren?”, The New York Times, 9 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.nytimes.com/es/2024/03/09/espanol/haiti-pandillas-que-pasa.html [2] CARICOM, “Communiqué – 46th Regular Meeting of the Conference of Heads of Government of CARICOM”, 1 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://caricom.org/communique-46th-regular-meeting-of-the-conference-of-heads-of-government-of-caricom/ [3] Catherine Osborn, “How Haiti’s Unelected Leader Lost America’s Blessing”, Foreign Policy, 7 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://foreignpolicy.com/2024/03/07/haiti-crisis-gangs-ariel-henry-united-states-caricom-elections/ [4] Sarah Morland, “Haiti PM commits to elections by 2025, CARICOM to send team”, Reuters, 29 de febrero de 2024. Consultado el 12 de marzo de 2024 en: https://www.reuters.com/world/americas/haiti-pm-commits-elections-by-2025-caricom-send-team-2024-02-29/ [5] Monique Clesca, “Haiti’s Rule of Lawlessness”, Foreign Affairs, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.foreignaffairs.com/central-america-caribbean/haitis-rule-lawlessness [6] Catherine Osborn, op. cit. [7] Deutsche Welle, “UE evacúa a todo su personal de Haití”, 11 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.dw.com/es/ueevac%C3%BAa-a-todo-su-personal-de-hait%C3%AD-y-caricom-convoca-cumbre-de-urgencia/a-68493344 [8] Colin McCullough, “Estados Unidos evacuó al personal no esencial de su embajada en Haití por el aumento de la violencia de pandillas”, CNN, 10 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://cnnespanol.cnn.com/2024/03/10/ejercito-ee-uu-evacuo-personal-no-esencialembajada-haiti-trax/ [9] Jennifer Hansler and Tara John, “US will contribute $300 million to Haiti’s multinational security mission”, CNN, 11 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://edition.cnn.com/2024/03/11/americas/haiti-us-blinken-security-mission-intl-latam/index.html [10] Matt Berg y Eric Bazail-Eimil, “State just sent Republicans their Haiti plan”, Politico, 12 de marzo de 4024. Consultado el 12 de marzo de 2024 en: https://www.politico.com/newsletters/national-security-daily/2024/03/12/state-just-sent-republicans-their-haiti-plan-00146474 [11] Monique Clesca, “Haitians Have a Solution to Haiti’s Crisis”, World Politics Review, 8 de septiembre de 2022. Consultado el 12 de marzo de 2024 en: https://www.worldpoliticsreview.com/haiti-gangs-protests-crisis-corruption-crime/ [12] Dánica Coto y Evens Sanon (AP), “El premier de Haití dice que renunciará tras pico de violencia. No está claro quién tomará el relevo”, Los Angeles Times, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.latimes.com/espanol/internacional/articulo/2024-03-12/elpremier-de-haiti-dice-que-renunciara-tras-pico-de-violencia-no-esta-claro-quien-tomara-el-relevo [13] DW, “Dimisión de Ariel Henry, una esperanza para Haití”, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.dw.com/es/dimisi%C3%B3n-de-ariel-henry-una-esperanza-para-hait%C3%AD/a-68503873 [14] Widlore Mérancourt, Samantha Schmidt, Michael Birnbaum y Amanda Coletta, “As leader resigns, Haitian politicians rush to form new government”, The Washington Post, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.washingtonpost.com/world/2024/03/12/haitiprime-minister-ariel-henry-resigns/ [15] El País, “El caos y una ola de violencia sin precedentes fuerzan la renuncia del primer ministro de Haití, Ariel Henry”, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://elpais.com/america/2024-03-12/el-caos-y-una-ola-de-violencia-sin-precedentes-fuerzan-la-renuncia-del-primerministro-de-haiti-ariel-henry.html [16] DW, “Haití reitera la necesidad de una fuerza multinacional”, 10 de junio de 2023. Consultado el 12 de marzo de 2024 en: https://www.dw.com/es/hait%C3%AD-reitera-la-necesidad-de-una-fuerza-multinacional/a-65877041 [17] Frances Robles, “An International Force May Be Headed to Troubled Haiti, again”, The New York Times, 1 de agosto de 2023. Consultado el 11 de marzo de 2024 en: https://www.nytimes.com/2023/08/01/world/americas/haiti-international-intervention.html [18] Emily Mae Czachor, “U.S. military airlifts embassy staff from Port-au-Prince amid Haiti's escalating gang violence”, CBS News, 11 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.cbsnews.com/news/us-military-airlifts-evacuation-staff-embassy-port-au-prince-haiti-gangviolence/ [19] Samuel Salgado, “Haití firma acuerdo con Kenia para que policías de Nairobi lideren misión de seguridad”, France24, 1 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.france24.com/es/am%C3%A9rica-latina/20240301-hait%C3%AD-y-kenia-firman-acuerdo-paraque-polic%C3%ADas-de-nairobi-lideren-misi%C3%B3n-de-seguridad [20] Jacqueline Charles, “U.S., Caribbean leaders propose plan to lead Haiti out of crisis and toward elections”, The Miami Herald, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.miamiherald.com/news/nationworld/world/americas/haiti/article286558805.html#storylink=cpy [21] Crisis Group, “Haiti’s Gangs: Can a Foreign Mission Break Their Stranglehold?”, 5 de enero de 2024. Consultado el 12 de marzo de 2024 en: https://www.crisisgroup.org/latin-america-caribbean/haiti/b49-haitis-gangs-can-foreign-mission-break-their-stranglehold [22] Ídem [23] Pablo Ferri, “Haití camina hacia el desastre a la espera de ayuda internacional”, El País, 10 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://elpais.com/america/2024-03-10/haiti-camina-hacia-el-desastre-a-la-espera-de-ayuda-internacional.html [24] Carlos S. Maldonado, “Haití, en estado de urgencia y toque de queda tras la huida de miles de presos de una cárcel de Puerto Príncipe”, El País, 3 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://elpais.com/america/2024-03-03/miles-de-presos-huyen-de-la-principal-carcel-dehaiti-tras-un-asalto-de-las-bandas-criminales.html [25] Frances Robles, “¿Cuáles son las pandillas…”, op. cit. [26] Ídem [27] Nacho Carretero, “Haití, cuando colapsa un Estado”, El País, 2 de julio de 2024. Consultado el 12 de marzo de 2024 en: https://elpais.com/eps/2023-07-02/haiti-cuando-colapsa-un-estado.html [28] Frances Robles, “¿Cuáles son las pandillas…”, op. cit. [29] Tom Phillips y Luke Taylor, “Is the feared gang boss ‘Barbecue’ now the most powerful man in Haiti?”, The Guardian, 10 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.theguardian.com/world/2024/mar/10/haiti-gang-boss-kingpin-barbecue-jimmy-cherizier [30] InSight Crime, “Jimmy Chérizier, alias ‘Barbecue’”, 10 de noviembre de 2023. Consultado el 12 de marzo de 2024 en: https://insightcrime.org/haitiorganized-crime-news/jimmy-cherizier-alias-barbecue/ [31] Coto y Sanon (AP), op. cit. [32] Carlos S. Maldonado, op. cit. [33] Jessica Hasbun, “Después no se quejen de las acciones que vamos a tener que hacer”: la advertencia del presidente Luis Abinader por crisis en Haití”, CNN, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://cnnespanol.cnn.com/2024/03/12/advertencia-republicadominicana-haiti-luis-abinader-orix/ [34] CNN, “Última hora de la violencia en Haití, las pandillas y la dimisión del primer ministro en vivo: noticias y más”, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://cnnespanol.cnn.com/2024/03/12/ultimas-noticias-sobre-la-escalada-de-la-violencia-en-haiti-y-dimision-delprimer-ministro-en-vivo [35] Frances Robles, David C. Adams y Andre Paultre, “With Haiti in Chaos, a Humanitarian Crisis Is Rapidly Unfolding”, The New York Times, 9 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.nytimes.com/2024/03/09/world/americas/haiti-gangs-political-uprising-ariel-henryhumanitarian-crisis.html [36] Philippe de Bard, “In Haiti, as Elsewhere, Elections Alone Are Not the Answer”, Foreign Policy, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://foreignpolicy.com/2024/03/12/haiti-gang-violence-elections-ariel-henry-resignation/ [37] Coto y Sanon, op. cit. [38] Crisis Group, op. cit. [39] Sam Woolston, “Prime Minister’s Resignation Tips Haiti Into Uncharted Territory”, Insight Crime, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://insightcrime.org/news/prime-minister-resigns-haiti-unchartered-territory [40] Matt Rivers, “Haiti's most notorious gang leader plots its future amid rebellion”, ABC News, 11 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://abcnews.go.com/International/haitis-notorious-gang-leader-plots-future-amid-rebellion/story?id=107994731 [41] Amalendu Misra, “Jimmy ‘Barbecue’ Chérizier: the gangster behind the violence in Haiti who may have political aspirations of his own”, The Conversation, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://theconversation.com/jimmy-barbecue-cherizier-the-gangsterbehind-the-violence-in-haiti-who-may-have-political-aspirations-of-his-own-225514 [42] CNN, “Última hora de la violencia en Haití”, op. cit. [43] Infobae, “Crece la incertidumbre en Haití tras el anuncio de renuncia del primer ministro Ariel Henry”, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.infobae.com/america/america-latina/2024/03/12/crece-la-incertidumbre-en-haiti-tras-el-anuncio-de-renuncia-delprimer-ministro-ariel-henry/ [44] Al Jazeera, “Uneasy quiet in Haiti capital after prime minister pledges to step down”, 13 de marzo de 2024. Consultado el 13 de marzo de 2024 en: https://www.aljazeera.com/gallery/2024/3/13/uneasy-quiet-in-haiti-capital-after-prime-minister-pledges-to-step-down [45] Fernando del Rincón, “Hay incoherencia en la respuesta internacional para la situación en Haití, dice analista”, CNN, 12 de marzo de 2024. Consultado el 13 de marzo de 2024 en: https://cnnespanol.cnn.com/video/haiti-violencia-bandas-inseguridad-ariel-gobierno-conclusiones-tv/ [46] Tom Phillips, Archie Bland y Oliver Holmes Haiti, “What caused the gang violence and will it end now the PM has quit?”, The Guardian, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.theguardian.com/world/2024/mar/08/haiti-crisis-gang-jailbreak-explained [47] Isabella Escobedo, “Haití: radiografía de un Estado fallido”, DW, 5 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.dw.com/es/hait%C3%AD-radiograf%C3%ADa-de-un-estado-fallido/a-68448368 [48] BBC News, “La multimillonaria multa que Haití le pagó a Francia por convertirse en el primer país de América Latina en independizarse”, 30 de diciembre de 2018. Consultado el 13 de marzo de 2024 en: https://www.bbc.com/mundo/noticias-46680927 [49] Fernando del Rincón, op. cit. [50] James Bosworth, “To Address Its Crisis, Haiti Needs an Elected Government, World Politics Review, 26 de febrero de 2024. Consultado el 12 de marzo de 2024 en: https://www.worldpoliticsreview.com/haiti-elections-gangs-crisis/ [51] Philippe de Bard, op. cit. [52] The Washington Post (editorial), “Haiti needs security now. For the future, it needs democracy”, 8 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://www.washingtonpost.com/opinions/2024/03/08/haiti-violence-gangs-chaos-anarchy-kenya-peacekeepers/ [53] Philippe de Bard, op. cit. [54] Sergio Ramírez, “Haití, un país en extinción”, El País, 12 de marzo de 2024. Consultado el 12 de marzo de 2024 en: https://elpais.com/opinion/2024-03-12/haiti-un-pais-en-extincion.htm

Diplomacy
Berlin, March 15, 2024: Federal Chancellor Olaf Scholz welcomes French President Emmanuel Macron

The French - German tension

by Juan Antonio Sacaluga

That there is a miscommunication between Paris and Berlin is something that is already being unreservedly acknowledged even among the power leaders in the two capitals. The rift caused by the war in Ukraine is the arena in which tensions are being played out. But there are underlying factors that have contributed to making this gap a major concern for the European stability. We point out the following: The strategic factor Geography determines strategic choices. Germany has always looked to the East as a pole of concern, but also as a pole of opportunity. The former has almost always outweighed the latter. Wars have historically conditioned coexistence with Rusia, regardless of the political regime that has existed in each historical stage. There is one incontrovertible fact: Germany has never won a war against Russia. On the other hand, when talking about peace, German interests have prevailed. Hence in Berlin (or in Bonn, during the first Cold War) there has always been a tendency towards appeasement towards Moscow. Earlier, Hitler wanted to postpone the inevitable confrontation with Stalin’s Russia with a tactical, not a strategic pact (in 1939), a move to gain time and consolidate his domination of Western Europe. With the victory of the Soviet Union, Germany endured the division of the country for almost half a century, a punishment even more humiliating than the previous ones. The western part prospered, and the eastern part stagnated. However, this underhand triumph did nothing to facilitate the reconciliation. Willy Brandt understood this very well when he launched his ‘Ostpolitik’ (Eastern policy) in the early 1970s. The initiative caused concern in Washington, not so much because it was opposed to a thaw it shared, but because of the risk of losing control of the process. There was also some reluctance in Paris. De Gaulle and his heirs had always maintained an open channel of cooperation with Moscow but were distrustful of German overtures. With the crisis of the Soviet system, Franco-German tensions surfaced again. A united and strong Germany awakened the ghost of three devastating wars for France. The Chancellor at that time, Kohl was Gorbachev’s main supporter and acted as a fundraiser for a Soviet Union that was falling apart at the seams. Germany’s repeated commitment to peace and European integration did not seem to be a sufficient antidote to the vision of an Eastern Europe, ‘germanized’ by the economic weight of the new political and territorial power. Germany’s actions in the Yugoslav wars, initially perceived in Paris as ‘dynamiting’, contributed to increase those fears. After the failure of the democratization trial in the ‘new’ Russia, largely caused by a predatory capitalism encouraged from the West, Germany continued to cultivate very close relations with Moscow to prevent an undesirable drift in the Kremlin. Until the successive crises in Ukraine have brought this strategic project to a halt. In France, there has always been an interest in an autonomous relationship model with Moscow, whether in collaboration with Germany or the United States, but in no way subordinate. Gaullist nationalism has survived, both on the right and on the left. Somehow, the French elites have tried to avoid Paris from playing a secondary role in relations with the Kremlin, whether in cooperation or confrontation. Hence Macron (‘more papist than the Pope: more Gaullist than the General’), will attempt a risky mediation game with Putin after the phantom intervention in Crimea and the more obvious one in the Donbas, in 2014; and eight years later, when the invasion of Ukraine was consumed. There has been much speculation about the true intentions of the French president’s trip to Moscow. Macron is anything but naive. Perhaps it was indeed the inevitable need of the Elysée Palace to leave its mark. Now that any conciliation with Moscow seems distant, Macron takes the lead among the ‘hawks’ and pretends to forget that he once wanted to look like a ‘dove’, by suggesting that, although there is no allied consensus, sending soldiers to Ukraine cannot be ruled out to prevent a Russian military triumph. Of all Macron’s gambits, this has been the most or one of the riskiest. And the one that has provoked the most irritation on the other side of the Rhine [1]. Since February 2022, Germany has buried the various branches of the ‘Ostpolitik’, a task falling to a Social Democratic chancellor, perhaps the most unremarkable and least suited for high-level leadership. Olaf Scholz announced the ‘zeitenwende’ (translatable as “change of era, or time”). Half a century of rapprochement with Russia was called into question. The economic equation (energy raw materials in exchange for machinery and capital goods) in bilateral relations was dissolving under the weight of Western sanctions against Moscow. Moreover, the pacifist post-Hitler Germany committed to a military effort of $100 billion (to start with), aimed rejuvenating, strengthening, and expanding the Germany military apparatus. But in everything there is a limit, or a red line. Germany has not been shy with Putin, despite being the European country most harmed by embargoes, limitations and constraints in the Russian oil and gas consumption. Economic war was accepted as inevitable in Berlin. However, caution has been exercised, particularly in the supply of arms to Ukraine. Nonetheless, Germany is, after the United States, the largest net contributor to Kiev’s arsenals [2]. Let’s not forget that. France has also taken its precautions in pressuring the Kremlin, as has the US, despite the rhetoric and the cold war propaganda prevailing for the past two years. That is why Macron’s latest ‘provocation’ has annoyed Berlin so much. Moreover, as usual in his boasts, the French president added insult to injury by suggesting that Ukraine’s delicate fragility demanded more “courage” and less timidity from the allies [3]. Scholz replied with diplomatic and bureaucratic discretion, without any outbursts, recalling that NATO’s decisions ruled out ‘boots on the ground’ (sending troops to Ukraine). But his Defense Minister, Pistorious, could not resist returning the favor and admonishing him for his new moral lesson. The foreign ministers of both countries attempted to ‘diplomatically’ solve the crisis days later, but did not risk holding a joint press conference in order not to show that the political wound between Berlin and Paris was still open. The leak of a meeting of senior German military commanders, spied on by Russian agents, further clouded the atmosphere [4]. Another element unchanged since the Cold War: Berlin may support the European autonomous defense project, but it has never ceased to consider it as subordinate to NATO. The American nuclear umbrella is untouchable, then and now. And not even an eventual (and only speculative, for now) strategic availability of the French nuclear arsenal is capable of changing that axiom [5]. Political factors Apart from strategic considerations, domestic political factors have also played a role in this latest crisis. Macron faces the European elections with the apprehension of a seemingly inevitable victory of the far-right ‘Rassemblement National’. It was once considered a pro-Russian party and even generously funded by the Kremlin. In recent years, the party’s chairwoman has tried to distance herself from the Kremlin but has not entirely succeeded. And Macron wants to exploit this supposed vulnerability of a woman he has defeated twice in the presidential elections, but who seems destined to occupy the Elysée Palace in 2027 if she achieves successful results in this year’s European elections. In this week’s parliamentary debate on the bilateral security agreement with Kiev, Marine Le Pen ordered an abstention. She made it clear that she supports the Ukraine resistance, so that there would be no doubt about her change of attitude towards Russia. But he saw in the initiative of the President’s party a clear intention for electoral gain. Divisions were evident on the left: rebels and communists voted against, while socialists and ecologists voted in favor, but the latter rejected the suggestion of troops deployment. Scholz also faces a challenge from the far right, with elections this autumn that could consolidate the dominance of the AfD (Alternative for Germany) in the eastern states (Eastern Länder). This party has won over citizens who do not have such negative memories of the GDR, but in its rise, it has also bitten into the social democratic base. The chancellor does not want to appear too hostile to an electorate that does not participate in the anti-Russian discourse. Institutional factors In this Paris – Bonn clash, as in previous ones, the structure of the respective political systems also exerts a disturbing influence. The French political system is presidential; the German one is parliamentary. In France, the President has exclusive and personal authority over foreign policy. He does not even need his own majority (in this case, the minority that supports him) to formulate his international proposals. In Germany, by contrast, the Chancellor has to negotiate foreign policy with the coalition partners, and even on rare occasions when there has been a single-party majority government, the Bundestag has exerted considerable influence. Personal factors Finally, personal style is also not to be dismissed. It is not unusual for the Elysée Palace and the Chancellery to be inhabited by like-minded characters. The French President is conditioned by the aura of a political system that relies on an exalted figure and demands real, but also impactful, leadership. Both being and appearing so. The Chancellor, on the other hand, is a sort of ‘primus inter pares’, no matter how prominent. Therefore, since 1945, the personal stature of German leaders has always been framed in firm structures that prevent hyper-leadership. It is the Chief’s (Fuhrer) chastisement. This limitation (historical and political) is sometimes reinforced by a purely personal style. At present, the gap is perhaps the widest in the last eighty years. A French President who likes to talk and a Chancellor who is perhaps the most discreet since the post-war period. De Gaulle and Adenauer cultivated little personal relationship, but neither intended to. Pompidou and Brandt never got along particularly well, although the German took great care that his growing popularity did not irritate in Paris… until the Guillaume scandal ended his career. Giscard and Schmidt gave their cooperation a technical character, forced by the oil crisis following the wars in the Middle East. Mitterrand and Kohl raised the tone of the bilateral relationship but did not always adjust their personal dynamics. The German was the longest-serving post-war chancellor and so, the most mediatic, but the Frenchman never renounced, on the contrary, the solemnity with which the office was exercised. Merkel played down Sarkozy (and later Hollande), but not to highlight her personal qualities, but to put them at the service of Germany’s undisputed economic leadership in post-Cold War Europe. Macron wanted to put an end to this French ‘inferiority’, with difficulty. It is not clear that he succeeded against a retreating Merkel, but he thinks he has it easier with the unremarkable Scholz. Notes [1] “France-Allemagne, un tándem secoué par l’épreuve de la guerre en Ukraine”. PHILIPPE RICHARD & THOMAS WIEDER. LE MONDE, 9 de marzo. [2] “German Chancellor pledges to boost [ammunition] production for Ukraine”. DER SPIEGEL, 5 de febrero (versión en inglés). [3] “Le débat sur l’envoi de soldats en Ukraine révèle les profondes differences de vision de la guerre parmi les allies”. LE MONDE, 6 de marzo. [4] “Now It’s Germany’s turn to frustrate Allies over Ukraine”. THE NEW YORK TIMES, 4 de marzo. [5] “Dans cette nouvelle ère où l’affrontement a remplacé la cooperation, la question de la dissuasion nucleaire reprend tout son sens”. SYLVIE KAUFFMANN. LE MONDE, 7 de febrero.