Foundation for Defense of Democracies
January 27, 2020
Svante E. Cornell and Brenda Shaffer
Setting policies toward territories involved in protracted conflicts poses an ongoing challenge for governments, companies, and non-governmental organizations (NGOs). Since there are multiple zones of disputed territories and occupation around the globe, setting policy toward one conflict raises the question of whether similar policies will be enacted toward others. Where different policies are implemented, the question arises: On what principle or toward what goal are the differences based?
Recently, for example, the European Court of Justice (ECJ) decided goods entering the European Union that are produced in Jewish settlements in the West Bank must be clearly designated as such. At the same time, however, neither the ECJ nor the European Union have enacted similar policies on goods from other zones of occupation, such as Nagorno-Karabakh or Abkhazia. The U.S. administration swiftly criticized the ECJ decision as discriminatory since it only applies to Israel. Yet, at the same time, U.S. customs policy on goods imports from other territories is also inconsistent: U.S. Customs and Border Protection has explicit guidelines that goods imported from the West Bank must be labelled as such, while goods that enter the United States from other occupied zones, such as Nagorno-Karabakh, encounter no customs interference.
Territorial conflicts have existed throughout history. But the establishment of the United Nations, whose core principles include the inviolability of borders and the inadmissibility of the use of force to change them, led to the proliferation of protracted conflicts. Previously, sustained control over territory led to eventual acceptance of the prevailing power’s claims to sovereignty. Today, the United Nations prevents recognition of such claims but remains largely incapable of influencing the status quo, leaving territories in an enduring twilight zone. Such territories include, but are not limited to: Crimea, Donbas, Northern Cyprus, the West Bank, Kashmir, The Armenia-Azerbaijan Conflict, South Ossetia, Abkhazia, Transnistria, and Western Sahara.
The problem is not simply that the United Nations, United States, European Union, private corporations, and NGOs act in a highly inconsistent manner. It is that their policies are selective and often reveal biases that underscore deeper problems in the international system. For example, Russia occupies territories the United States and European Union recognize as parts of Ukraine, Georgia, and Moldova, yet Crimea is the only Russian-occupied territory subject to Western sanctions. By contrast, products from Russian-controlled Transnistria enter the United States as products of Moldova, and the European Union allows Transnistria to enjoy the benefits of a trade agreement with Moldova. The United States and European Union demand specific labeling of goods produced in Jewish settlements in the West Bank and prohibit them from being labeled Israeli products. Yet products from Nagorno-Karabakh – which the United States and European Union recognize as part of Azerbaijan – freely enter Western markets labeled as products of Armenia.
Today, several occupying powers try to mask their control by setting up proxy regimes, such as the Turkish Republic of Northern Cyprus (TRNC) or similar entities in Transnistria and Nagorno-Karabakh. While these proxies do not secure international recognition, the fiction of their autonomy benefits the occupier. By contrast, countries that acknowledge their direct role in a territorial dispute tend to face greater external pressure than those that exercise control by proxy.
Some territorial disputes have prompted the forced expulsion or wartime flight of the pre-conflict population. A related issue is the extent to which the occupier has allowed or encouraged its own citizens to become settlers. While one might expect the international system to hold less favorable policies toward occupiers that drive out residents and build settlements, this is not the case. Armenia expelled the Azerbaijani population of Nagorno-Karabakh, yet the United States and European Union have been very lenient toward Armenia. They have also been lenient toward Morocco, which built a 1,700-mile long barrier to protect settled areas of Western Sahara and imported hundreds of thousands of settlers there. Against this backdrop, the constant pressure to limit Israeli settlement in the West Bank is the exception, not the rule.
This pressure is even more difficult to grasp given that Israel’s settlement projects in the West Bank consist of newly built houses. In most other conflict zones, such as Northern Cyprus and Nagorno-Karabakh, settlers gained access to the homes of former residents.
This study aims to provide decision makers in government as well as in the private sector with the means to recognize double standards. Such standards not only create confusion and reveal biases, but also constitute a business and legal risk. New guidelines for making consistent policy choices are therefore sorely needed.
S. Frederick Starr
Kennan Cable No. 46, January 15, 2020
Is there a grand strategy that informs Russia’s activities abroad and, if so, what is it? For years it seemed that President Putin based his foreign policy mainly on his 2005 statement to the Russian nation that the collapse of the Soviet empire “was the greatest geopolitical catastrophe of the century.” The task of Russian policy was therefore to reclaim by whatever means necessary as much control over former Soviet territories as possible. This led to his seizure of Georgian territory in 2008, his Crimean grab of 2014, and his armed incursions into eastern Ukraine in 2014-2019. More recently, it has led to his forcing Kyrgyzstan to join his politics-driven Eurasian Economic Union and his current bullying of Uzbekistan and Tajikistan to follow suit.
In practice, Russia’s foreign moves in places as diverse as Eastern Europe, Syria, and Africa seem to be guided more by opportunism than strategy. This has not sat well with some members of Moscow’s policy-oriented intelligentsia. Modern Russia, after all, is heir to a half millennium of messianic ideologies that justified and encouraged the expansion of territories under Moscow’s rule. Whether building the Third Rome, destroying the Tatars, placing the Cross of St. Vladimir atop the Hagia Sofia in Constantinople, building a Holy Alliance against future Napoleons, protecting Europe against revolution in 1848, conquering Muslim Central Asia in the 1860s, or aspiring to Sovietize Eastern Europe under Stalin, ideas, not mere opportunism, have driven Russia’s actions abroad. Even as Putin repeated his assertion about the collapse of the USSR, a deficit of theory was forming in Moscow’s foreign policy circles.
Image via Kennan Cable No. 46: Greater Eurasia: Russia's Asian Fantasy
On November 7, Svante Cornell testified at a Joint Subcomittee Hearing on "Russia: Counterterrorism Partner or Fanning the Flames?" convened by the Subcommittees on Terrorism, Nonproliferation and Trade and Europe, Eurasia and Emerging Threats of the Committee on Foreign Relations of the U.S. House of Representatives.
The video of the event is available from the following link, with Dr. Cornell's statement at minute 47.
For the written testimony, click here,
Wednesday, March 23, 2016, from 5 to 7 p.m.
(reception at 5 p.m. with Georgian wine, followed by the main program at 5:30)
Russia's seizure of Crimea and Russia's ongoing military campaign in Syria have transformed the strategic landscape from the Eastern Mediterranean and Black Sea region to the Caspian area. Grave tensions between Russia and Turkey were mounting even before Putin and Erdogan launched into a florid and vituperative war of words, which continues unabated.
Our speakers will delve into the many levels of this confrontation, offer important perspectives on how it is affecting security and economic life in the Caucasus and Central Asia, and suggest where it all might lead.
A video recording of this event can be viewed on the SAIS Events channel on Youtube.
Eric Edelman, Roger Hertog Distinguished Practitioner-in-Residence at the Philip Merrill Center for Strategic Studies, SAIS
Avinoam Idan, Nonresident Senior Fellow, Central Asia-Caucasus Institute & Silk Road Studies Program
Vladislav Inozemtsev, Director and Founder, Center for Post-Industrial Studies, Moscow
Olga Oliker, Senior Adviser and Director, Russia and Eurasia Program, CSIS
Kurt Volker, Executive Director, McCain Institute, and former US Ambassador to NATO
Moderator: Svante Cornell, Director, Central Asia-Caucasus Institute
Rome Building Auditorium
SAIS - Johns Hopkins University
1619 Massachusetts Ave., NW
Washington, DC 20036