Russian Foreign Minister Sergey Lavrov listens to Turkey's Foreign Minister during talks in Moscow, Russia, Dec. 20, 2016. Pavel Golovkin/Press Association. All rights reserved.A
hundred years ago, Ernst Jünger described a peculiar encounter with a
frightened British officer in his account of trench warfare, Storm of Steel: “he reached into his
pocket, not to pull out a weapon, but a photograph (…). I saw him on it,
surrounded by numerous family (…). It was a plea from another world.”
According to conventional wisdom, “war is hell,” as famously sentenced by
General Sherman. Hence Jünger’s depiction of the scene as something from
another planet. And that is how the world today, more concerned with the holidays
and the latest Hollywood blockbuster, is receiving the
dire plea for help by multiple civilians caught in the crossfire of the
battle for Aleppo. We simply content ourselves with the thought that civilians
will always suffer in times of war, for war is hell. Or is it?
A few
days ago, the soon to be replaced Secretary General of the United Nations, Ban
Ki-moon, gave his last press conference. Referring to the humanitarian crisis
in Syria, he remarked
ominously: “Aleppo is now a synonym for hell”. But surely the Secretary General did not
intend merely to describe a regrettable fait
accompli, as someone might depict a natural disaster. His closing official
words carry a message for the world to actively engage in Aleppo, and
particularly to make belligerents stop targeting civilians, for not everything
is allowed in war after all. As Michael
Walzer has pointed out in his decades-long effort to revive the Just War
tradition, we strive to fight wars justly and to uphold rules even in the midst
of hell.
But, who is there to listen this plea from another world? Even
if the message gets through, what is the attitude of superpowers vis-à-vis any
demands that the rules of war be upheld? I have previously
argued that there is a value to American hypocrisy coming from its blatant
breach of international humanitarian law during the last decade when torturing
its way through to fight the “war on terror.” If as La Rochefoucauld said once,
hypocrisy is the homage that vice pays to virtue, then the difference between a
hypocrite and a cynic lies in the former’s capacity to recognize the existence
of rules, only deliberately flouting them, whereas the latter does not even admit
the existence of rules. Whereas the day of reckoning eventually comes for the
hypocrite, the cynic is forever immune to criticism.
What about Russia?
Has Vladimir Putin’s regime been a hypocrite or a cynic in
international relations? We know it has not been an Aliosha Karamazov, a saint,
but then, which country has? Has Russia been more of a cynic like Ivan, or a
hypocrite like Dimitri Karamazov? The answer is that is has been a bit of both
over recent years, behaving as ambiguously as the double-headed eagle in its
national coat of arms.
Sometimes Russia has recognized the existence of jus ad bellum and jus in bello conventions and has pledged to uphold them. Indeed,
Russia relied on the responsibility to protect doctrine when trying to justify its military advance over
Georgia in 2008. In 2013, Russia demonstrated what it could broker in the
international arena when stepping in to secure a last-minute deal between Syria
and the United States for Al-Assad to surrender his
chemical weapons arsenal, absolutely banned under international
humanitarian law. Just last Monday morning, on December 19 2016, Russia consented
to a Security Council resolution to deploy
observers to monitor civilian evacuation procedures in Aleppo.
To be sure, Russia’s use of R2P doctrine in 2008 has been widely
condemned as a case of pure hypocrisy; yet, the important thing about the
hypocrite is that he acknowledges the existence of rules. Whether he truly
respects them or not is something that cannot be ascertained in the present –
any more than it can be in the case of the true believer, for that matter.
On the other hand, Russia has of late deployed some alarmingly
cynical attitudes in the international arena. During November 2016, Russia announced
its withdrawal from the International Criminal Court, pragmatically
arguing that “during the 14 years of the court's work it passed only four
sentences having spent over a billion dollars”.
( This announcement followed an ominous spree of similar
withdrawals from the ICC by African states. It also followed the
publication of a Report by the ICC containing its preliminary examination of the situation
in Ukraine, where allegedly war crimes are being committed by Russian and
pro-Russian forces.
Although
technically Russia never became a party to the Rome Statute – having signed yet
never ratified it, and now just exerting its right to make “its intention clear
not to become a party to the treaty” pursuant to article 18 of the 1969 Vienna
Convention on the Law of Treaties – still this announcement comes as a strong
sign of Russian contempt towards international legal institutions.
Some
other worrisome examples of Russian cynicism towards the rule of international
law are its annexation
of Crimea in 2014 and the law passed in 2015 authorizing
its constitutional court to overrule decisions by the European Court of Human
Rights.
Regarding
the armed conflict in Syria, during recent years Russia has systematically vetoed
Security Council draft resolutions aimed at solving the crisis in order to
protect the interests of Al-Assad, its strongest client in such a strategic
region.
Nevertheless,
Russia still has the potential to change the course of the Syrian deadlock, as
it demonstrated when it brokered the chemical weapons deal in 2013. Moreover, history
arguably presents Russia today with a unique opportunity to become the
legitimate heir of a genuine humanitarian tradition that the ancient Russian
Empire has practiced since the late nineteenth century. Among the main
landmarks of this tradition we find the
Saint Petersburg Declaration (1868), the humanitarian intervention which
prompted the Russian-Turkish War (1877) and Russia’s key role in the discussion
of The Hague peace conferences (1899 to 1907), where the Russian diplomat
Fiodor Martens promoted a famous
clause to protect people in times of war.
During
the last days of December, Russia will host a round of diplomatic talks with
Iran and Turkey to try and find a definitive
solution to the Syrian civil war. If Putin wants to “make Russia great
again,” he should endeavor to honor that tradition. By doing so at least Russia
will more probably err on the side of hypocrisy rather than on that of
cynicism, and people who suffer the consequences of war would still have a
chance to find solace behind the aegis of international law.