Russia and the Precedent Problem

Russia and the Precedent Problem

09/25/14

Nikolas K. Gvosdev

International Law, Foreign Policy, The Presidency, Russia, United States

"As Moscow complains about American unilateralism, Putin finds that he is more than happy to take the position that he too can interpret international law to his own liking." 

One constant of Russian diplomacy in the last several years has been for Moscow to vociferously criticize U.S. actions that go against Russia’s preferences, particularly those that represent any erosion of the Westphalian ideal of state sovereignty, as violations of international law—and then to claim an American precedent when it becomes convenient for Russia to similarly breach those principles. When Washington claimed a right to deploy military force against another sovereign state without the sanction of the United Nations Security Council, justified armed action on the basis of a “right to protect” or recognized a unilateral declaration of independence, Russia led the chorus of disapproval from the stalwart defenders of state sovereignty and territorial integrity (especially the rising and resurgent powers of the global south and east, like India, China and Brazil). The NATO intervention against Serbia over Kosovo in 1999 (without the blessing of the United Nations) and the subsequent recognition of an independent Kosovo (despite an explicit UN Security Council resolution calling for the province to enjoy maximal autonomy within the bounds of a Serbian state, and in the absence of Belgrade’s consent), initially condemned by Russia, were then cited as precedents to justify Russian military action in Georgia in 2008, and then to recognize the self-declared independence of South Ossetia and Abkhazia.

A similar parallelism can be seen between Syria and Ukraine. Russia has strongly condemned efforts by Western states to aid the opposition seeking to overthrow the government of Bashar al-Assad as violations of Syrian sovereignty and criticized efforts by Washington and its allies in the Persian Gulf to provide assistance to rebel organizations. But when the government of Ukrainian president Viktor Yanukovych was deposed, hours after a power-sharing and transition agreement was reached between Yanukovych and the opposition in the presence of a European Union delegation, Moscow was quick to adopt the same language used by Washington to describe the Assad regime: an illegitimate government holding no mandate to rule, and defending the right of an opposition to challenge the subsequent “junta” by force of arms if necessary to secure their rights.

Read full articlehttp://nationalinterest.org/feature/russia-the-precedent-problem-11349