Russia’s invasion of Ukraine has shaken the geopolitical foundations of Europe and triggered a reassessment of transatlantic security. Two years later, CFR’s background and analysis tracks the course of the war and its lasting repercussions.

  • Diplomacy and International Institutions
    Working Together Toward Accountability: How the ICC and a Special Tribunal on Aggression Can Work Together on Ukraine
    Accountability in law is a cornerstone for more stable societies. Both domestically and internationally holding those who step away from the law accountable deters the future perpetration of crimes. Justice mechanisms that work together bolster that effort and enhance efficiencies that breed confidence in assured justice. Since the invasion by the Russian Federation into Ukraine, there has been broad-based and useful discussion by practitioners and the academy on how best to account for Russian aggression and consequent war crimes and crimes against humanity. The International Criminal Court (ICC) has stepped in with investigations at all levels regarding war crimes, crimes against humanity, and genocide, yet it is constrained by a jurisdictional challenge related to the crime of aggression. Other justice mechanisms are being considered to account for the aggression. The various options being considered range from a hybrid arrangement with Ukraine, a regional European approach, and a United Nations-created international tribunal similar to the successful UN Special Court for Sierra Leone. Only the international approach avoids the jurisprudential challenges that arise with head-of-state immunity. This is significant and is causing the international community to lean towards an international tribunal. As the focus will be on a sitting president this immunity is significant and needs to be addressed. Importantly, there are concerns about cost, efficiencies, and consensus. The international community will favor the effort that is efficient and managed effectively. The lessons learned in the creation of the UN Special Court for Sierra Leone show that an international approach such as a Special Tribunal for Ukraine on the Crime of Aggression can meet all these concerns. With the establishment of the Special Court for Sierra Leone, the international community set the cornerstone for similar efficient efforts for accountability, including the investigation, indictment, arrest, and prosecution of a sitting head of state for aggression, President Vladimir Putin. The international community has made the important decision that President Vladimir Putin and his political and military leadership must be held accountable for the crime of aggression. How this is done remains open, yet the Republic of Ukraine strongly favors a UN-created international tribunal. The important indictment of President Vladimir Putin for war crimes and crimes against humanity last month by the ICC showed the world that the indictment of a sitting head of state for international crimes is the path forward for a more stable world order and to warn those tyrants and dictators who choose violation of law as a policy. This indictment by the ICC has changed history for the rest of the 21st century. 2023 will go down as the year democracies used the law to check aggression, war crimes, crimes against humanity, and genocide. A Special Tribunal for Ukraine on the Crime of Aggression will be an important adjunct to the ICC’s efforts in seeking justice for the Ukrainian people. There are some who worry or are concerned that the creation of another justice mechanism will counter efforts by the International Criminal Court and lessen its stature as the world’s permanent international criminal court. These concerns are groundless as in fact having an aggression tribunal will enhance the ability of the ICC to do its work and show that two courts can work together to support one another in accountability for Russian crimes. One of us has detailed the means of a cooperative relationship between the aggression tribunal and the ICC, as well as funding options, https://www.justsecurity.org/83757/forging-a-cooperative-relationship-between-intl-crim-court-and-a-special-tribunal-for-russian-aggression-against-ukraine/. The hard fact remains that the ICC cannot prosecute the most serious of those crimes—the aggression by the Russian Federation. Some argue that the Rome Statute can be amended to address this, yet that would take too much time to adequately deal with the current and ongoing aggression. Frankly, time is of the essence. An aggression tribunal must be created in 2023 to bolster the current indictment issued by the ICC. Of note, this aggression tribunal will be mandated to work with the International Criminal Court. A draft UN General Assembly Resolution and creative statute, along with a strategic plan, put together by the Global Accountability Project (GAN), with other entities, contemplates a close working relationship with the ICC. The aggression tribunal will be required to enter into appropriate memoranda of cooperation and mutual support with the ICC. The plan put together by GAN has a liaison office that has personnel from both courts working in each other’s offices to insure investigators and trial counsel are sharing appropriate criminal information. The plan also requires the liaison office to create appropriate relationships with the European Union, NATO, and the Prosecutor General in Ukraine. The focus for all of this is mutual collaboration and cooperation. With all this being said, it is now time to continue our international efforts to create the UN Special Tribunal for Ukraine on the Crime of Aggression with a clear aim of doing so in 2023. This will send an important signal to President Putin and all the other tyrants in the world that aggression is not a viable foreign policy tool. We should take heart, as we have put together a plan and we have a history that clearly shows that this can be done successfully, efficiently, and immediately. Let’s get started.
  • Ukraine
    What Northern Ireland Teaches Us About Ending the Ukraine War
    The Good Friday Agreement offers lessons for trying to end the war between Ukraine and Russia.
  • Ukraine
    Ukraine’s Counteroffensive: Will It Retake Crimea?
    Ukraine remains intent on wresting Crimea back from Russia, but doing so would be difficult, and the peninsula could become a bargaining chip in future diplomatic talks.
  • Wars and Conflict
    Financing Ukraine's Economic Recovery
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  • Ukraine
    Ukraine Needs to Pursue Victory Without Sacrificing Its Democratic Future
    Since its emergence as an independent state in 1991, Ukraine has made little progress in consolidating democratic rule. A powerful oligarchy has dominated the country’s politics and economy. Corruption has been rife, property rights circumscribed, media independence restricted, and rule of law impaired. Popular uprisings against corrupt leaders in 2004 and 2013–2014 raised hopes of significant reforms that faded as oligarchic rule reasserted itself. To be sure, Ukraine performs much better on all these measures than Russia does. Nevertheless, Freedom House has consistently rated Ukraine as “partly free” (while rating Russia as “not free”). Russia’s massive invasion last February changed Ukraine’s image in the West overnight; it became seen as the brave defender of its, and the West’s, freedom against a Russian authoritarian and imperialist onslaught. In June, the European Union accorded Ukraine candidate status, although it was generally recognized it would take years for it to qualify for membership. But the problems that have plagued Ukraine’s democratic trajectory have not disappeared, and they will attract greater attention whenever the war dies down. Wartime conditions always put pressure on democratic rights, as the exigencies of national security and, in Ukraine’s case, survival take precedence over other concerns. That is true for any country. Americans have to think back no further than to the Patriot Act passed in the wake of the 9/11 terrorist attacks that gave the government enhanced surveillance rights domestically. The stakes are immeasurably higher in a country like Ukraine, where democracy is far from consolidated. Martial law is clearly justifiable in the face of Russia’s invasion, but the temptation to abuse it for purposes that go beyond evicting the invader is great. The challenges facing Ukraine are complicated by its demography, pattern of settlement, and deep historical ties to Russia. Some twelve million ethnic Russians and many more Russian speakers are Ukrainian citizens, with high concentrations in the south and east of the country, where the fighting is most intense. Voters in those regions were the base of the political support for the pre-war pro-Russian opposition parties, which claimed dozens of seats in the national parliament, not to speak of regional legislative and executive bodies. Before the invasion, polls revealed substantial support for close political and economic ties with Russia, even after its seizure of Crimea and instigation of rebellion in the Donbas. That support was one reason why the Kremlin erroneously expected its troops to be welcomed with flowers on its march into Kyiv. At the same time, Russian influence was entrenched in government, business, and cultural circles. The Russian special services, it was widely believed, had penetrated key national security agencies including the military and intelligence services. The Ukrainian Orthodox Church (UOC), which was part of the larger Russian Orthodox Church based in Moscow, was the largest church in Ukraine, substantially larger than the autocephalous Orthodox Church of Ukraine (OCU). Ukrainian oligarchs and their Russian counterparts cut corrupt deals, especially in the energy sector. It is imperative for Kyiv to shut down Moscow’s influence operations and intelligence assets; the challenge is to do so without encroaching too heavily on political and civil rights or alienating ethnic Russian and Russian-speaking citizens. Three matters illustrate the conundrum: the media, political parties, and church affairs. Since Ukraine regained its independence in 1991, the media have been free but not independent. They could express a wide variety of opinions, but they were generally controlled by oligarchs, who used them to advance their own political and economic agendas. Among them was Viktor Medvedchuk, a leading political figure reputedly with close ties to Russian president Vladimir Putin. His media had long presented views that aligned with the Kremlin’s. In February 2021—a year before Russia’s invasion—the National Security and Defense Council shut down three of his TV stations on the grounds that they threatened Ukraine’s national security interests. The Council did not go through the courts, which is the standard procedure, out of concern that it would take too long. That move, many Western observers contended, sent a worrying sign to other media. And indeed, political pressure on media critical of the government has increa in the months after Russia’s invasion. President Volodymyr Zelenskyy consolidated all TV platforms in Ukraine into one state channel in July. Then, last December, the parliament passed a law osed, especiallyn media regulation that the European Federation of Journalists claimed contradicted European press freedom standards as the independence of the state regulator could not be guaranteed. As concerns about media freedom mounted, Zelenskyy’s government banned the activities of eleven Ukrainian political parties because of alleged links to Russia for as long as Ukraine was under martial law. Most of them were small, but the Opposition Platform for Life held 44 of the 450 seats in the national parliament. Not coincidently, this party is associated with Medvedchuk. The oligarch is, to be sure, an unsavory figure, but the party represented views on minority rights, Ukraine’s neutrality, and commercial ties with Russia that were popular with voters in Ukraine’s south and east, at least until Russia invaded. The invasion alone was probably sufficient to preclude the survival of any “pro-Russian” party in Ukraine’s south and east, as popular sentiment shifted dramatically almost overnight. By May of last year, less than 5 percent of the population held positive views of Russia; support for joining NATO had soared to record highs. More than half identified Ukrainian as their native language.  In this light, the ban did not so much change the political situation as confirm the reality on the ground. That said, Kyiv still needs to find a way to bring the people of the south and east back into the political process, now that the previous political network has been demolished. That will be critical to cementing the loyalty of those regions to Ukraine as a whole. The church issue has proved to be the most delicate. After the invasion, the UOC declared independence from the Russian Orthodox Church, and many priests stopped mentioning Russian Patriarch Kirill in their public prayers. Yet many clergymen have provided intelligence, propaganda, and other support for the invaders. Some have collaborated with the Russian occupiers, and many fled to Russia as Russian forces withdrew from Kharkiv and Kherson last fall. Those actions cast suspicion on the church as a whole. In response, Kyiv has launched investigations of UOC churches and monasteries across the country. It is considering a draft law that would ban “religious organizations affiliated with centers of influence in the Russian Federation.” Kyiv is rightfully concerned about the activities of some clergy affiliated with the UOC, but it should tread carefully. The UOC has shown considerable resilience in the face of this pressure. Only 10 percent of the UOC parishes have shifted their affiliation to the OCU since the invasion. A crackdown on the UOC as an institution will likely meet stiff resistance from its congregants and raise alarms about religious freedoms. Finding the right balance between striking out against Russian influence and respecting fundamental freedoms will test the Ukrainian government for the duration of the war and likely beyond. But it is critical that it find that balance. Winning the war—bringing it to an end on acceptable terms—is rightfully the immediate focus, and that calls for a concerted struggle against pernicious Russian influence operations. But winning the peace, consolidating democracy in post-conflict Ukraine and anchoring the country in the West, is the greater victory.  Kyiv needs to take care that it does not jeopardize the latter with the steps it is now taking to combat Russian influence.
  • Ukraine
    Foreign Affairs March/April 2023 Issue Launch: Russia’s Invasion of Ukraine—One Year Later
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    Foreign Affairs editor Daniel Kurtz-Phelan and authors Liana Fix, Michael Kimmage, and Dara Massicot mark the one-year anniversary of Russia’s invasion of Ukraine and launch the March/April 2023 Foreign Affairs issue.
  • Ukraine
    Why the War Will Continue
    One year in, the war in Ukraine shows no sign of ending.
  • Ukraine
    Nigeria’s Election, One Year Since Russia Invaded Ukraine, U.S. Asylum Restrictions, and More
    Podcast
    Nigeria, Africa’s most populous country and largest economy, holds its presidential election; Russia’s invasion of Ukraine reaches the one-year mark; U.S. President Joe Biden’s new restrictions on migrants seeking asylum spurs fury from immigration activists.
  • Ukraine
    C. Peter McColough Series on International Economics With Wally Adeyemo
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    As the one-year mark of the Russian invasion of Ukraine approaches, U.S. Deputy Treasury Secretary Wally Adeyemo discusses the U.S. coalition’s sanctions strategy, its effectiveness, and the challenges that remain. The C. Peter McColough Series on International Economics brings the world’s foremost economic policymakers and scholars to address members on current topics in international economics and U.S. monetary policy. This meeting series is presented by the Maurice R. Greenberg Center for Geoeconomic Studies.
  • Ukraine
    The Long War in Ukraine, With Samuel Charap and Miranda Priebe
    Podcast
    Samuel Charap, a senior political scientist at the RAND Corporation, and Miranda Priebe, director of the Center for Analysis of U.S. Grand Strategy and a senior political scientist at the RAND Corporation, sit down with James M. Lindsay to discuss where the war in Ukraine is headed and how U.S. foreign policy should respond.
  • Ukraine
    Ukraine Has Held Off Russia’s Invasion—So Far. Here’s How.
    Ukraine has withstood and repelled the mighty Russian military through Western support, Russian blundering, and its own resourcefulness. However, the circumstances could be changing.
  • Defense and Security
    Munich Security Conference, Biden Visits Poland, Israel’s Judiciary Overhaul, and More
    Podcast
    World leaders attend the Munich Security Conference, a high-level event focusing on global challenges; U.S. President Joe Biden visits Poland to reinforce NATO’s resolve for supporting Ukraine; and tens of thousands protest Israeli Prime Minister Benjamin Netanyahu’s proposed changes to powers of the judiciary branch.