Nove podrobnosti o ukrajinsko-ruskem mirovnem sporazumu, ki ni smel biti podpisan

Samuel Charap (analitik v RAND korporaciji) in Sergey Radchenko (profesor na John Hopkins University) sta v Foreign Affairs podrobno analizirala doslej javno še ne razkrite verzije mirovnega sporazuma med Ukrajino in Rusijo iz marca in aprila 2022. Ob tem, da sta potrdila trditve Vladimirja Putina (na ruski strani) in Davyda Arakhamie (na ukrajinski strani), sta razkrila mnoge doslej še nepoznane podrobnosti sporazuma. Ključna novost je razkritje obstoja dogovora o “multilateralnih varnostnih zagotovilih” Ukrajini.

Ukrajina in Rusija naj bi se sporazumeli o varnostnih garancijah Ukrajini, ki jih bi ji dale Rusija in ključne zahodne države in v okviru katerih bi v primeru napada na Ukrajino garantirajoče države poskrbele za njeno obrambo. Rusija je pristala na nekaj podobnega, kot je Člen 5 Sporazuma NATO, torej da se v primeru njenega morebitnega napada na Ukrajino, zahodne države lahko aktivno vključijo v obrambo Ukrajine. V zameno bi se Ukrajina zavezala k permanentni nevtralnosti in da na njenem ozemlju ne bi bila nameščena tuja vojaška oporišča. Ukrajina bi dobila prosto pot za članstvo v EU. O statusu Krima pa bi se državi dogovorili v roku 10 do 15 let.

Ta dogovor ni bil sprejemljiv za zahodne države. Menda zato, ker niso bile obveščene o multilateralnih garancijah in ker naj ne bi bile naklonjene sprejemanju tovrstnih garancij. Meni se sicer ne zdi razumljivo, zakaj zahodne države ne bi želele dati tovrstnih varnostnih zagotovil Ukrajini, ko pa so ves čas želele Ukrajino vključiti v NATO, kar bi pomenilo podobne varnostne garancije. Moja špekulacija je, da bi tak sporazum zacementiral meje Nata oziroma trajno preprečil, da se Nato razširi tudi v Ukrajino. Torej to, kar je – po besedah generalnega sekretarja Nata Stoltenberga – Rusija zahtevala leta 2021 od članic Nata kot pogoj, da ne napade Ukrajine (in kar je vodstvo Nata zavrnilo).

To shed light on this often overlooked but critical episode in the war, we have examined draft agreements exchanged between the two sides, some details of which have not been reported previously. We have also conducted interviews with several participants in the talks as well as with officials serving at the time in key Western governments, to whom we have granted anonymity in order to discuss sensitive matters. And we have reviewed numerous contemporaneous and more recent interviews with and statements by Ukrainian and Russian officials who were serving at the time of the talks. Most of these are available on YouTube but are not in English and thus not widely known in the West. Finally, we scrutinized the timeline of events from the start of the invasion through the end of May, when talks broke down. When we put all these pieces together, what we found is surprising—and could have significant implications for future diplomatic efforts to end the war.

Some observers and officials (including, most prominently, Russian President Vladimir Putin) have claimed that there was a deal on the table that would have ended the war but that the Ukrainians walked away from it because of a combination of pressure from their Western patrons and Kyiv’s own hubristic assumptions about Russian military weakness. Others have dismissed the significance of the talks entirely, claiming that the parties were merely going through the motions and buying time for battlefield realignments or that the draft agreements were unserious.

Although those interpretations contain kernels of truth, they obscure more than they illuminate. There was no single smoking gun; this story defies simple explanations. Further, such monocausal accounts elide completely a fact that, in retrospect, seems extraordinary: in the midst of Moscow’s unprecedented aggression, the Russians and the Ukrainians almost finalized an agreement that would have ended the war and provided Ukraine with multilateral security guarantees, paving the way to its permanent neutrality and, down the road, its membership in the EU.

The talks began on February 28 at one of Lukashenko’s spacious countryside residences near the village of Liaskavichy, about 30 miles from the Belarusian-Ukrainian border. The Ukrainian delegation was headed by Davyd Arakhamia, the parliamentary leader of Zelensky’s political party, and included Defense Minister Oleksii Reznikov, presidential adviser Mykhailo Podolyak, and other senior officials. The Russian delegation was led by Vladimir Medinsky, a senior adviser to the Russian president who had earlier served as culture minister. It also included deputy ministers of defense and foreign affairs, among others.

At the first meeting, the Russians presented a set of harsh conditions, effectively demanding Ukraine’s capitulation. This was a nonstarter. But as Moscow’s position on the battlefield continued to deteriorate, its positions at the negotiating table became less demanding. So on March 3 and March 7, the parties held a second and third round of talks, this time in Kamyanyuki, Belarus, just across the border from Poland. The Ukrainian delegation presented demands of their own: an immediate cease-fire and the establishment of humanitarian corridors that would allow civilians to safely leave the war zone. It was during the third round of talks that the Russians and the Ukrainians appear to have examined drafts for the first time. According to Medinsky, these were Russian drafts, which Medinsky’s delegation brought from Moscow and which probably reflected Moscow’s insistence on Ukraine’s neutral status.

At this point, in-person meetings broke up for nearly three weeks, although the delegations continued to meet via Zoom. In those exchanges, the Ukrainians began to focus on the issue that would become central to their vision of the endgame for the war: security guarantees that would oblige other states to come to Ukraine’s defense if Russia attacked again in the future. It is not entirely clear when Kyiv first raised this issue in conversations with the Russians or Western countries. But on March 10, Ukrainian Foreign Minister Dmytro Kuleba, then in Antalya, Turkey, for a meeting with his Russian counterpart, Sergey Lavrov, spoke of a “systematic, sustainable solution” for Ukraine, adding that the Ukrainians were “ready to discuss” guarantees it hoped to receive from NATO member states and Russia.

In those exchanges, the Ukrainians began to focus on the issue that would become central to their vision of the endgame for the war: security guarantees that would oblige other states to come to Ukraine’s defense if Russia attacked again in the future. It is not entirely clear when Kyiv first raised this issue in conversations with the Russians or Western countries. But on March 10, Ukrainian Foreign Minister Dmytro Kuleba, then in Antalya, Turkey, for a meeting with his Russian counterpart, Sergey Lavrov, spoke of a “systematic, sustainable solution” for Ukraine, adding that the Ukrainians were “ready to discuss” guarantees it hoped to receive from NATO member states and Russia.

What Kuleba seemed to have in mind was a multilateral security guarantee, an arrangement whereby competing powers commit to the security of a third state, usually on the condition that it will remain unaligned with any of the guarantors. Such agreements had mostly fallen out of favor after the Cold War. Whereas alliances such as NATO intend to maintain collective defense against a common enemy, multilateral security guarantees are designed to prevent conflict among the guarantors over the alignment of the guaranteed state, and by extension to ensure that state’s security.

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Ukraine’s demand not to be left to fend for itself again is completely understandable. Kyiv wanted (and still wants) to have a more reliable mechanism than Russia’s goodwill for its future security. But getting a guarantee would be difficult. Naftali Bennett was the Israeli prime minister at the time the talks were happening and was actively mediating between the two sides. In an interview with journalist Hanoch Daum posted online in February 2023, he recalled that he attempted to dissuade Zelensky from getting stuck on the question of security guarantees. “There is this joke about a guy trying to sell the Brooklyn Bridge to a passerby,” Bennett explained. “I said: ‘America will give you guarantees? It will commit that in several years if Russia violates something, it will send soldiers? After leaving Afghanistan and all that?’ I said: ‘Volodymyr, it won’t happen.’”

To put a finer point on it: if the United States and its allies were unwilling to provide Ukraine such guarantees (for example, in the form of NATO membership) before the war, why would they do so after Russia had so vividly demonstrated its willingness to attack Ukraine? The Ukrainian negotiators developed an answer to this question, but in the end, it didn’t persuade their risk-averse Western colleagues. Kyiv’s position was that, as the emerging guarantees concept implied, Russia would be a guarantor, too, which would mean Moscow essentially agreed that the other guarantors would be obliged to intervene if it attacked again. In other words, if Moscow accepted that any future aggression against Ukraine would mean a war between Russia and the United States, it would be no more inclined to attack Ukraine again than it would be to attack a NATO ally.

There, they appeared to have achieved a breakthrough. After the meeting, the sides announced they had agreed to a joint communiqué. The terms were broadly described during the two sides’ press statements in Istanbul. But we have obtained a copy of the full text of the draft communiqué, titled “Key Provisions of the Treaty on Ukraine’s Security Guarantees.” According to participants we interviewed, the Ukrainians had largely drafted the communiqué and the Russians provisionally accepted the idea of using it as the framework for a treaty.

The treaty envisioned in the communiqué would proclaim Ukraine as a permanently neutral, nonnuclear state. Ukraine would renounce any intention to join military alliances or allow foreign military bases or troops on its soil. The communiqué listed as possible guarantors the permanent members of the UN Security Council (including Russia) along with Canada, Germany, Israel, Italy, Poland, and Turkey.

The communiqué also said that if Ukraine came under attack and requested assistance, all guarantor states would be obliged, following consultations with Ukraine and among themselves, to provide assistance to Ukraine to restore its security. Remarkably, these obligations were spelled out with much greater precision than NATO’s Article 5: imposing a no-fly zone, supplying weapons, or directly intervening with the guarantor state’s own military force.

Although Ukraine would be permanently neutral under the proposed framework, Kyiv’s path to EU membership would be left open, and the guarantor states (including Russia) would explicitly “confirm their intention to facilitate Ukraine’s membership in the European Union.” This was nothing short of extraordinary: in 2013, Putin had put intense pressure on Ukrainian President Viktor Yanukovych to back out of a mere association agreement with the EU. Now, Russia was agreeing to “facilitate” Ukraine’s full accession to the EU.

In remarks he made on March 29, immediately after the conclusion of the talks, Medinsky, the head of the Russian delegation, sounded decidedly upbeat, explaining that the discussions of the treaty on Ukraine’s neutrality were entering the practical phase and that—allowing for all the complexities presented by the treaty’s having many potential guarantors—it was possible that Putin and Zelensky would sign it at a summit in the foreseeable future.

The next day, he told reporters, “Yesterday, the Ukrainian side, for the first time fixed in a written form its readiness to carry out a series of most important conditions for the building of future normal and good-neighborly relations with Russia.” He continued, “They handed to us the principles of a potential future settlement, fixed in writing.”

Meanwhile, Russia had abandoned its efforts to take Kyiv and was pulling back its forces from the entire northern front. Alexander Fomin, Russia’s deputy minister of defense, had announced the decision in Istanbul on March 29, calling it an effort “to build mutual trust.” In fact, the withdrawal was a forced retreat. The Russians had overestimated their capabilities and underestimated the Ukrainian resistance and were now spinning their failure as a gracious diplomatic measure to facilitate peace talks.

Despite these substantial disagreements, the April 15 draft suggests that the treaty would be signed within two weeks. Granted, that date might have shifted, but it shows that the two teams planned to move fast. “We were very close in mid-April 2022 to finalizing the war with a peace settlement,” one of the Ukrainian negotiators, Oleksandr Chalyi, recounted at a public appearance in December 2023. “[A] week after Putin started his aggression, he concluded he had made a huge mistake and tried to do everything possible to conclude an agreement with Ukraine.”

So why did the talks break off? Putin has claimed that Western powers intervened and spiked the deal because they were more interested in weakening Russia than in ending the war. He alleged that Boris Johnson, who was then the British prime minister, had delivered the message to the Ukrainians, on behalf of “the Anglo-Saxon world,” that they must “fight Russia until victory is achieved and Russia suffers a strategic defeat.”

The Western response to these negotiations, while a far cry from Putin’s caricature, was certainly lukewarm. Washington and its allies were deeply skeptical about the prospects for the diplomatic track emerging from Istanbul; after all, the communiqué sidestepped the question of territory and borders, and the parties remained far apart on other crucial issues. It did not seem to them like a negotiation that was going to succeed.

Moreover, a former U.S. official who worked on Ukraine policy at the time told us that the Ukrainians did not consult with Washington until after the communiqué had been issued, even though the treaty it described would have created new legal commitments for the United States—including an obligation to go to war with Russia if it invaded Ukraine again. That stipulation alone would have made the treaty a nonstarter for Washington. So instead of embracing the Istanbul communiqué and the subsequent diplomatic process, the West ramped up military aid to Kyiv and increased the pressure on Russia, including through an ever-tightening sanctions regime.

The United Kingdom took the lead. Already on March 30, Johnson seemed disinclined toward diplomacy, stating that instead “we should continue to intensify sanctions with a rolling program until every single one of [Putin’s] troops is out of Ukraine.” On April 9, Johnson turned up in Kyiv —the first foreign leader to visit after the Russian withdrawal from the capital. He reportedly told Zelensky that he thought that “any deal with Putin was going to be pretty sordid.” Any deal, he recalled saying, “would be some victory for him: if you give him anything, he’ll just keep it, bank it, and then prepare for his next assault.” In the 2023 interview, Arakhamia ruffled some feathers by seeming to hold Johnson responsible for the outcome. “When we returned from Istanbul,” he said, “Boris Johnson came to Kyiv and said that we won’t sign anything at all with [the Russians]—and let’s just keep fighting.”

Since then, Putin has repeatedly used Arakhamia’s remarks to blame the West for the collapse of the talks and demonstrate Ukraine’s subordination to its supporters. Notwithstanding Putin’s manipulative spin, Arakhamia was pointing to a real problem: the communiqué described a multilateral framework that would require Western willingness to engage diplomatically with Russia and consider a genuine security guarantee for Ukraine. Neither was a priority for the United States and its allies at the time.

Even if Russia and Ukraine had overcome their disagreements, the framework they negotiated in Istanbul would have required buy-in from the United States and its allies. And those Western powers would have needed to take a political risk by engaging in negotiations with Russia and Ukraine and to put their credibility on the line by guaranteeing Ukraine’s security. At the time, and in the intervening two years, the willingness either to undertake high-stakes diplomacy or to truly commit to come to Ukraine’s defense in the future has been notably absent in Washington and European capitals.

Vir: Foreign Affairs