Ukraine: Labour must lead on ethical foreign policy with a global framework

It is 75 years since the end of the Second World and Vladimir Putin’s invasion of Ukraine has irrevocably shifted the tectonic plates of international geopolitics. The conflict has taken many political leaders in the West, and elsewhere, by surprise. The scale of the response to the invasion has also certainly shocked many in Russia. After the experiences of the response to the invasions of Chechnya, Georgia, Transdnistra, Crimea and parts of Donetsk and Luhansk it is likely that Putin and the Russian leadership will have expected additional sanctions and condemnations – but after a while the normal Western return to business as usual.

What has also been different is the way in which Ukrainians have united as never before in their history: from east and west, from Jew to Muslim to Christian, from Russian speaker to Ukrainian speaker, and across various ethnic and religious groups. For Ukraine, this is a historic leap forward that now consolidates its identity as a sovereign nation, not just internationally but also in the minds of the Ukrainian people and nation. For Russia, it is an unforeseen consequence.

This new Ukrainian unity has translated into not only the establishment of an effective military force but, more importantly, an uprising of solidarity from the overwhelming majority of the population – many of whom have taken up arms and joined civil defence organisations. An estimated one million citizens are now organised under arms with the unequivocal support of their communities. Should Russia continue to attempt to seize Kyiv, it could yet become Putin’s Stalingrad.

For most military and political commentators, Ukraine was expected to collapse under the overwhelming onslaught of Russian firepower and military might within days. The plan was for a quick attack on Kyiv, the establishment of a puppet government, a political purge, liquidation of opposition and civic leadership leading to the assimilation of Ukraine into a new Greater Russian Empire to become a ‘malo-rus’ – a little Russia. The failure of Russia to achieve its military objectives and to suffer military losses greater in one month than it suffered in the whole of its time in Afghanistan is reputationally and materially catastrophic – not just for Russia, but also economically for Ukraine.

Putin’s military failure has led to a back-to-the-wall, nihilistic destruction of cities with attacks on civilians residences, schools and hospitals. A strategy of burnt earth. If you cannot win, destroy. The resonance of the strategy and tactics of Putin with Adolf Hitler’s invasion of Poland and the Soviet Union in 1939 and 1941 has not gone unnoticed, nor has his rhetoric and that of the Duma. The peace talks underway in Turkey have little prospect of success on their own. It is the military failure and the effectiveness of global international sanctions that are beginning to strangle the Russian economy and cast doubt on the sustainability of Putin’s political agenda that will force discussion away from the cosmetic and into the practical. But they cannot be seen in isolation.

Joe Biden’s comments that Putin is a war criminal and has to be removed from power were, for some, considered diplomatically unpalatable and tactically unwise. The message resonated, however, with much of the European and global community who now fear the emergence of a new fascism – or at least an unpredictable leadership with a finger on the button of one of the world’s largest nuclear stockpiles. And, more importantly, whatever the wisdom of speaking out, his comments are quite clearly true. Taking this analysis seriously may become the biggest challenge for Western democracies.

There can be little doubt that Putin is guilty of war crimes. He has been responsible for the invasion of a peaceful, sovereign country. He has bombed and attacked cities, residential areas and used prohibited weaponry. His forces have shot and killed unarmed civilians, shelled humanitarian convoys and his political messages endorse a policy of genocide – all contrary to international law.

Russia does not recognise the role of the international criminal court (ICC). Nevertheless, the initiation of an investigation supported by over 40 countries is of major importance and its particular importance in the current geopolitics of the international sanctions regime cannot be underestimated. It has the potential to establish the gravest level of international criminality since Nuremburg and, if international law is to be given any credibility and status in future international relations, its outcome cannot be ignored. A finding of war crimes, crimes against humanity, genocide or any other major offences not only engages the ICC but also the UN and its general assembly.

The investigation also provides a legal framework that must go beyond the terms of any agreement between Ukraine and Russia to end the war. It is important that this happens and is made clear. Whatever may or may not be agreed in the negotiations, the crime cannot and must not go unpunished. Russia and its leadership cannot be allowed to get away with its actions. We also cannot allow the issue of sanctions to be part of the barter between Ukraine and Russia for peace. They must stand alone, and it is vital the Labour leadership makes clear that:

1. Russia and its leadership must be held to account for their actions;
2. Individuals responsible for war crimes must be punished, at whatever level they are;
3. There must be an international court trial of those charged with breaches of international law and war crimes – a new Nuremburg;
4. Russia must be made responsible for reparations to civilians and the Ukrainian government;
5. All those assets throughout the world that have been seized or frozen must be secured permanently as the basis for reparations; and
6. There needs to be a reform process for the UN. The abuse of veto powers cannot be allowed to continue.

Failure to take these actions will undermine any progress towards the establishment of an ethical foreign policy, global disarmament processes that need to be relaunched, and a sustainable and workable international legal framework. There will, of course, be those countries who resist all attempts at this change of direction. Quite frankly, we need to review the way we engage and trade with those countries who choose not to be part of a global framework underpinned by the rule of law – and that includes China. It is up to Labour to take a lead on this. The Tories will not, or are incapable of doing so.