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Author: Oleksa Drachewych, Assistant Professor in History, Western University
Original article: https://theconversation.com/why-justice-for-ukraine-must-be-at-the-forefront-of-peace-negotiations-250208
On Feb. 18, representatives from Russia and the United States met in Saudi Arabia to determine if peace in Ukraine is possible. Ukrainian representatives were not invited.
U.S. Secretary of State Marco Rubio said on social media that the meeting was a step in developing an “enduring peace” between Russia and Ukraine. Russian President Vladimir Putin claimed in a media interview that the meeting was “very positive” and confirmed the true meaning of the talks was to start normalising relations between Russia and the U.S.
Although U.S. President Donald Trump has claimed “the Russians want to see the war end,” Russian officials remain committed to their war aims. Russian foreign minister Sergei Lavrov announced before the meetings that Russia would not return Ukrainian territory. After, he stated that should a peace deal be brokered, any peacekeeping forces could not come from NATO nations. The latter statement stunted growing European efforts to develop a security guarantee for Ukraine should a ceasefire be reached.
Keith Kellogg, U.S. envoy for Kyiv and Moscow, said after his Feb. 20 meeting with Ukrainian president Volodymyr Zelenskyy that the U.S. is aligned with the nation — and that any end to the war with Russia should ensure there is no “next war”. Yet White House officials do not seem to have Ukraine’s best interest in mind in negotiating a potential resolution to the war.
For instance, U.S. Secretary of Defense Pete Hegseth announced on Feb. 12 that the U.S. government doesn’t believe NATO membership for Ukraine “is a realistic outcome of a negotiated settlement.” He added that Ukraine would need to accept territorial concessions to Russia.
Trump has also increasingly parroted Russian narratives — such as claiming that Ukraine started the war. He has also delegitimized Zelenskyy by claiming he is a “dictator” who refuses to hold elections — despite the nation’s constitution stating elections cannot legally be held under martial law.
Trump also continues to demand 50 per cent of Ukraine’s natural resources to repay the United States for previous military and financial support. This has led to a deterioration in Ukrainian-U.S. relations at a time where Russian-U.S. relations appear to be improving.
Read more:
Ukraine’s natural resources are at centre stage in the ongoing war, and will likely remain there
European leaders have responded with frustration. Zelenskyy has made his position clear that any negotiation must include Ukraine at the table. Ukraine would not accept an imposed peace.
Any attempt at negotiating a lasting peace between the two nations must include accountability for Russian crimes.
The realities of Russia’s invasion
American overtures for peace have often referred to “stopping the millions of deaths” in Russia’s war in Ukraine. While on the surface this goal is admirable, it oversimplifies the realities of what the last three years of war have done to Ukraine. Namely, Russian forces have committed extensive war crimes and atrocity in Ukraine.
Russian forces barrage Ukraine with drone strikes and terror bombing — including targeting civilians. Even as negotiations were happening in Saudi Arabia, Russian drones struck Odesa, injuring four civilians. This was the latest in a long line of such attacks. International Criminal Court (ICC) arrest warrants are out for Russian military leaders on just this issue.
(AP Photo/Evgeniy Maloletka)
The Ukrainian government has confirmed over 19,500 Ukrainian children have been abducted by Russian forces. But in July 2023, Russian officials claimed they had over 700,000 Ukrainian children in Russian territory.
Investigative reporting confirms the Russian government is assimilating these children — forcing them to stop speaking Ukrainian and raising them with a Russian identity. These actions have also led to ICC arrest warrants for Putin and Maria Lvova-Belova, Russia’s Children’s Rights Commissioner who oversees the program. Russia’s actions violate the UN Genocide Convention.
Widespread sexual assault by Russian forces has been documented against Ukrainian men and women. Torture chambers have also been found in liberated cities. Russian forces committed mass murder in multiple Ukrainian cities — underscored by the discovery of mass graves in Bucha, Izium and Lyman.
Mariupol, once a city of over 400,000 has been reduced to a population of 120,000 as of 2023. This showcases the devastation caused by Russian forces. Russia has also started seizing buildings to give to Russian settlers to further Russify the city.
The realities under Russian occupation are only partially known. The Russian government has demanded Ukrainians living under occupation forfeit their Ukrainian identification documents and obtain Russian passports. In schools, Russia has fully implemented its nationalistic curriculum, which includes “anti-Ukrainian propaganda” aimed at assimilating Ukrainian children.
Against international law, forcible Russification of the Ukrainian people has become a common feature of Russian occupation during this war.
Ukraine’s fight for justice
Ukraine continues to fight against Russian occupation. While it’s honourable to want to stop the deaths caused by fighting, the Russian regime’s actions in Ukrainian territory must be remembered too.
This is why justice is just as important as resolution. While it’s unlikely Russian officials will find themselves before the ICC, there must be some form of accountability for Russian crimes against Ukraine if peace is negotiated. While present frontlines may dictate where Ukraine may be forced to cede territory or freeze conflict, the realities of Russian aggression cannot be ignored.
Here, history offers a guide for what shouldn’t be done this time when brokering a peace deal.
Read more:
How Russia’s fixation on the Second World War helps explain its Ukraine invasion
During the Second World War, Soviet forces committed extensive war crimes and atrocities. Yet the Soviet Union never faced a reckoning for those acts. Russian officials remember this. As a result, Putin feels empowered to commit similar atrocities in Ukraine — believing Russia, just as the Soviet Union, won’t face any consequences.
For any possibility of lasting peace, accountability and justice for Russian war crimes must be at the forefront of negotiations. Otherwise, Russia will have learned it can act with impunity — threatening the likelihood of enduring peace for Ukraine.