SlideShare a Scribd company logo
Marek LENČ, Lecturer at the Faculty of Political
Science and International Relations at the Matej
Bel University in Banská Bystrica, Slovakia
The CFE Treaty was an important tool for arms control,
transparency in military activities and confidence- build-
ing measures between the NATO Member States and
Russia after the end of the Cold War in Europe. Rus-
sia`s decision to exit the Joint Consultative Group un-
derlines its long lasting refusal to comply with Adapted
CFE Treaty, including withdrawal of its armaments from
Georgia and Moldova.
In the current situation of significant lack of trust be-
tween the West and Russia, it raises serious concerns
about Russia`s ability to honour its obligations. With
previous violations of its bilateral and multilateral com-
mitments on Ukraine, the withdrawal from CFE Treaty
indicates that Russia`s foreign policy driven by the siege
syndrome is open to further hardly predictable moves,
and increases the insecurity of former post-soviet coun-
tries.
In regards with Minsk II Agreements, it also questions
the commitments of Moscow undertaken over its imple-
mentation. In another words, the treaties (trust) are go-
ing to be exchanged with deterrence (fear) as the main
guarantor of European security order.
Alexandru POSTICA, Researcher at the Insti-
tute of History, State and Law of the Academy of
Sciences of Moldova
Evidently, the participation of Russia in this Treaty of-
fers conventional arms control over the way this mem-
ber state respects the agreed holding of Treaty limited
equipment. Even though Russia ignored repeatedly cer-
tain commitments, renouncing this Treaty would lead to
losing even the strictly formal control over the way Rus-
sia amplifies its military potential.
Once Russia leaves this treaty, the de-facto administra-
tions of separatist regimes that are supported by Rus-
sia could receive weapons uncontrollably. Moreover, we
could suppose that this background might fuel the re-
sumption of conflicts to be now frozen.
According to its military strategy, Russia would be in-
terested in creating buffer zones close to the EU border,
which would lead to maintaining and further consolidat-
ing such zones. An eloquent example is the Transnistri-
an region of the Republic of Moldova. Contrary to the
existing international commitments, Russia maintains
on this territory at least 19,916 tons of ammunition and
military equipment.
Russia’s withdrawal from
the CFE Treaty: Consequences
for the East European security
At the request of the East European Security Research Initiative, a selection of experts
from Georgia, Latvia, Moldova, Slovakia and Ukraine commented on Russia’s withdraw-
al from the CFE Treaty and its consequences for the East European security.
March 2015
COMMENT
EESRI
www.eesri.org
2
EESRI COMMENT March 2015
www.eesri.org
Kornely KAKACHIA, Executive Director of the
Georgian Institute of Politics in Tbilisi, Professor
at Ivane Javakhishvili Tbilisi State University
I guess this is not good news neither for Eastern Europe
nor for international community. Russia, which is al-
ready grossly violated international law and considered
as a troublemaker in its neighborhood, could end up be-
coming pariah state. On the other hand, this may compel
Russia’s neighbors more actively seek security guaran-
tees from other international actors, as NATO or EU, to
assure their own security. It could endanger European
security, as well as world history shows security system
that is not based on trust prone to failure.
Samuel GODA, Research Fellow within the “In-
ternational Security” program at the Research
Centre of Slovak Foreign Policy Association
This step undertaken by Russia is rather another offi-
cial confirmation of its ambition to revise the European
security environment. In my opinion, the CFE Treaty is
still one of the European security cornerstones, howev-
er, finding itself in deep agony for several years, and for
many experts it was already dead. Although some ex-
perts argue that the CFE Treaty has been violated several
times.
Indeed, one conclusion is clear - such step does not im-
prove the security situation in the East European region,
also concerning the conflict in Ukraine. In my opinion,
this move will prolong the status quo or even worsen
current security situation, particularly in Moldova and
Georgia, with broader consequences for Caucasus. I am
also skeptical regarding the Russian declaration to pro-
pose a new treaty – it took decades to negotiate the exist-
ing CFE Treaty, and I do not think it will be very different
under current circumstances. All in all, I would like to
hear a proposal to revise the CFE Treaty or to elaborate a
new document, which would adapt the legal basis to new
environment (including technological improvements,
hybrid warfare, etc.) in order to prevent the situation
when we could find ourselves in politico-legal limbo.
Raimonds RUBLOVSKIS, Researcher at Riga
Stradins University, former National Military Rep-
resentative of Latvia at NATO SHAPE
The consequences of Russia’s withdrawal from the CFE
Treaty will lead to renegotiating all aspects of that Treaty,
taking into account that it was signed 25 years ago. There
are new conventional military capabilities, which also
should be negotiated within possible new legal frame-
work on the conventional arms control in Europe.
Oleksandr TYTARCHUK, Associate Research
Fellow at the Foreign Policy Research Institute,
Ukraine; former Military Adviser of the Ukrainian
Delegation to the OSCE
If you try to scrutinize the above-mentioned statement
of the Russian Federation from a legal point of view, you
could hardly discover any words about formal withdraw-
al from the Treaty on Conventional Armed Forces in
Europe (CFE), as envisaged by this Treaty. Hence, Mos-
cow still remains to be one of the 30 Member States of
the CFE Treaty. The Russian side voluntary suspended
fulfillment of its obligations under the CFE Treaty as far
back as 2007, thus making the first “unpunished” step in
provoking current crisis.
Russia’s present step, namely the withdrawal from the
CFE Joint Consultative Group (JCG), is actually the next
logical attempt to escalate situation around revitalizing
conventional arms control in Europe directly influencing
the ongoing security developments. Such a situation re-
flects the general “nihilistic” course of Moscow’s behavior
in meeting all the undertaken international obligations,
which are not only political but also legally binding. At
the same time, Russia has reserved the right to return to
the negotiations within the JCG in the future under more
favorable conditions, if any, meanwhile handing over its
voice to Belarus being a kind of Russia’s “mouthpiece”,
so moving away from the main “firing line” of sharp crit-
icism giving a black eye.
From purely procedural issues, refusal to participate in
the activities of the JCG does not spell out in the CFE
Treaty itself and the Protocols thereto. So that it could be
considered as a kind of new Moscow-style “hybrid diplo-
macy” invention, to which Russia has been particularly
rich in recent years. This invention could also bring ad-
ditional financial benefits to the RF in “saving” its money
being one of the main contributors to the JCG budget,
and at the same time remaining formally a Member State
of the CFE Treaty.
To tell the truth, the total collapse of the existing
Pan-European conventional arms control system has
not occurred yet. In addition to the CFE Treaty, which
is currently lost its practical significance, there are other
documents that still remain to be operational to some
extent, namely the Vienna Document of 2011 on Con-
fidence and Security-Building Measures (VD), and the
Open Skies Treaty of 1990 (OST). Although their effec-
tiveness raises many questions on the backdrop of cur-
rent security developments in and around Ukraine as
well as wide application of contemporary hybrid warfare.
However, in the absence of other alternatives there is an
obvious need to use all available CSBM instruments ac-
tively harmonizing them with arms control measures.
Destructive actions of the Russian Federation are aimed
not only on the CFE Treaty, but also on the VD and the
OST, leading to significant limitation of their crisis man-
agement capacity. These actions are intended to make
the Western partners more concessive and forcing them
to accept Moscow’s position, which is extensively backed
up by using pressure on Ukraine.
Taking into account the agreed withdrawal procedure as
provided in Article XIX, para 3 of the CFE Treaty, when
one Member State increases its holding of the Treaty
limited equipment (TLE) “to pose an obvious threat to
the balance of forces within the area of application”, it
would be worthwhile for Ukraine in exercising nation-
al sovereignty to announce its withdrawal from the CFE
Treaty, but not for the RF. Such a decision would help to
intensify actions of Western partners and demonstrate
wide discrepancy of the existing international obliga-
tions to current state of affairs. It would be another case
dissimilar to the Budapest Memorandum, whose inter-
pretation is twofold.
Uncontrolled arms transferring both to the annexed
Crimea and occupied eastern regions of Ukraine, consid-
erable increase of the TLE holding as well as actual trans-
formation of the agreed area of application due to occu-
pation by the Russian Federation of the part of Ukrainian
territory – all these facts make it simply impossible to
use the existing CFE Treaty provisions. Therefore, any
revitalizing of the CFE Treaty could only be possible af-
ter termination of the Russian aggressive policy against
Ukraine, full withdrawal of all Russian troops from the
annexed Crimea and occupied territories of Luhansk and
Donetsk regions. However, all these issues remain to be
a matter of distant and uncertain perspective. The very
progress of recent developments will require decisive ac-
tions from all parties involved.
At this stage, the regional arms control measures that
were successfully tested in the Western Balkans could
serve as a possible partial alternative for gradual recov-
ering of the conventional arms control regime in Eu-
rope. These are the provisions of Article IV of the Dayton
Agreement of 1996, good progress in the implementa-
tion of which was broadly supported by the OSCE. The
above document was designed to prevent a new arms
race in the region and reduce the risk of new escalation
after the Balkans war.
Current agreed mandate of the Special Monitoring Mis-
sion to Ukraine (SMM) could be somewhat analogous
to such regional measures being launched in Ukraine
under the auspices of the OSCE as a part of the moni-
toring activities on the implementation of the Minsk II
Agreements. Thus, the SMM is responsible for executing
control and providing verification on the withdrawal of
heavy weapons from the line of battle clash. Interestingly
enough, that Russia actively supports the involvement of
the SMM potential for arms control in the eastern part of
Ukraine, apparently following its own tactical objectives
mainly sticking to the peacekeeping idea.
On the backdrop of formal diminishing of the U.S. inter-
est in further implementation of the CFE Treaty, there
is a considerable growth of such interest among the EU
Member States, who starting to reconsider their securi-
ty priorities. Hence, the number of active players in the
field of arms control in Europe is currently increasing.
Given the main thrust of EU policy towards Russia (pri-
marily oriented on preventing Moscow transition to the
so-called “dead defense”), it is reasonable to expect in
the near future some attempts to expand cooperation
with Russia, including with the aim of improving mil-
itary transparency and revitalizing of the conventional
arms control regime.
Moreover, the idea of creation a comprehensive and in-
divisible security are in Europe still exists. Thus, primary
attention here would be diverted to the implementation
of agreed transparency measures, building trust and
maintaining security, as well as adjusting conventional
arms control in Europe to address hybrid warfare chal-
lenges that was clearly given by Berlin in preparing to
chair the OSCE in 2016.
3
EESRI COMMENT March 2015
www.eesri.org
East European Security Research Initiative (EESRI) is an informal discussion, analytical and information-sharing
international platform aimed at uniting efforts of the experts and researches from various countries to find effective ways for
strengthening security in the Eastern Europe as the most vulnerable region of the contemporary Europe.
The views expressed are those of the authors and do not necessarily reflect the position of the EESRI.
© East European Security Research Initiative, 2015

More Related Content

What's hot

Briefing 31.03.2016
Briefing 31.03.2016Briefing 31.03.2016
Briefing 31.03.2016
embassyofukraine
 
брифинг англ.31.03.2016
брифинг англ.31.03.2016брифинг англ.31.03.2016
брифинг англ.31.03.2016
Embassy Ukraine
 
Ukraine Monthly Economic Review
Ukraine Monthly Economic ReviewUkraine Monthly Economic Review
Ukraine Monthly Economic Review
DIXI Group
 
Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...
Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...
Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...
Paul Hauser
 
Memo cee political development
Memo cee political developmentMemo cee political development
Memo cee political development
Council for Foreign and Security Policy
 
Russia
RussiaRussia
Russian economic developments_eng_6_2014
Russian economic developments_eng_6_2014Russian economic developments_eng_6_2014
Russian economic developments_eng_6_2014
GI-CO Giskegjerde Consulting Russia
 
Astana calling no 460
Astana calling no 460Astana calling no 460
Astana calling no 460
Astana Calling
 

What's hot (8)

Briefing 31.03.2016
Briefing 31.03.2016Briefing 31.03.2016
Briefing 31.03.2016
 
брифинг англ.31.03.2016
брифинг англ.31.03.2016брифинг англ.31.03.2016
брифинг англ.31.03.2016
 
Ukraine Monthly Economic Review
Ukraine Monthly Economic ReviewUkraine Monthly Economic Review
Ukraine Monthly Economic Review
 
Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...
Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...
Newsletter - After the Iran nuclear deal of Lausanne - Don't jump the gun - j...
 
Memo cee political development
Memo cee political developmentMemo cee political development
Memo cee political development
 
Russia
RussiaRussia
Russia
 
Russian economic developments_eng_6_2014
Russian economic developments_eng_6_2014Russian economic developments_eng_6_2014
Russian economic developments_eng_6_2014
 
Astana calling no 460
Astana calling no 460Astana calling no 460
Astana calling no 460
 

Similar to CFE Treaty, Russia & East European security (2015-03) C-ENG

Reducing the Risks of Conventional Deterrence in Europe
Reducing the Risks of Conventional Deterrence in EuropeReducing the Risks of Conventional Deterrence in Europe
Reducing the Risks of Conventional Deterrence in Europe
DonbassFullAccess
 
EU-army-prospects-and-Eastern-Europe-2015-03-C-ENG
EU-army-prospects-and-Eastern-Europe-2015-03-C-ENGEU-army-prospects-and-Eastern-Europe-2015-03-C-ENG
EU-army-prospects-and-Eastern-Europe-2015-03-C-ENG
Marek Len?
 
Policy statewatch18 en
Policy statewatch18 enPolicy statewatch18 en
Policy statewatch18 en
IDIS Viitorul
 
162nd Bergedorf Round Table. Conference report
162nd Bergedorf Round Table. Conference report162nd Bergedorf Round Table. Conference report
162nd Bergedorf Round Table. Conference report
Russian Council
 
Russia and Europe in times of uncertainty. Conference Report
Russia and Europe in times of uncertainty. Conference ReportRussia and Europe in times of uncertainty. Conference Report
Russia and Europe in times of uncertainty. Conference Report
Russian Council
 
CSBMs in Handling Current Protracted Conflicts: The Transdniestrian Case
CSBMs in Handling Current Protracted Conflicts: The Transdniestrian CaseCSBMs in Handling Current Protracted Conflicts: The Transdniestrian Case
CSBMs in Handling Current Protracted Conflicts: The Transdniestrian Case
East European Security Research Initiative
 
Russia's war in Ukraine.pptx
Russia's war in Ukraine.pptxRussia's war in Ukraine.pptx
Russia's war in Ukraine.pptx
AayushiPriya6
 
Ditrych (SWP)
Ditrych (SWP)Ditrych (SWP)
Ditrych (SWP)
Ondrej Ditrych
 
Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...
Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...
Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...
Russian Council
 
szyszlo
szyszloszyszlo
EU‘s Global Strategy for Foreign and Security Policy: Implications for Easte...
EU‘s Global Strategy for Foreign and Security Policy:  Implications for Easte...EU‘s Global Strategy for Foreign and Security Policy:  Implications for Easte...
EU‘s Global Strategy for Foreign and Security Policy: Implications for Easte...
East European Security Research Initiative
 
GLOBSEC_PB_Mizera-Hrvolova-Kusenda
GLOBSEC_PB_Mizera-Hrvolova-KusendaGLOBSEC_PB_Mizera-Hrvolova-Kusenda
GLOBSEC_PB_Mizera-Hrvolova-Kusenda
Martina Hrvolova
 
Memo military and political aspects
Memo military and political aspectsMemo military and political aspects
Memo military and political aspects
Council for Foreign and Security Policy
 
Ukraine and Moldova Initiatives on Transnistria
Ukraine and Moldova Initiatives on TransnistriaUkraine and Moldova Initiatives on Transnistria
Ukraine and Moldova Initiatives on Transnistria
East European Security Research Initiative
 
The Ukraine crisis: risks of renewed military conflict after Minsk II
The Ukraine crisis: risks of renewed military conflict after Minsk IIThe Ukraine crisis: risks of renewed military conflict after Minsk II
The Ukraine crisis: risks of renewed military conflict after Minsk II
DonbassFullAccess
 
Collective Security Treaty Organization CSTO
Collective Security Treaty Organization CSTOCollective Security Treaty Organization CSTO
Collective Security Treaty Organization CSTO
Mubashar
 
Frozen Conflicts in the Post-Soviet Space and Problems on Russia
Frozen Conflicts in the Post-Soviet Space and Problems on RussiaFrozen Conflicts in the Post-Soviet Space and Problems on Russia
Frozen Conflicts in the Post-Soviet Space and Problems on Russia
JeanmarieColbert3
 
ЄС-Росія
ЄС-РосіяЄС-Росія
ЄС-Росія
BabelNews
 
Brexit: a Challenge and Opportunity for Ukraine
Brexit: a Challenge and Opportunity for UkraineBrexit: a Challenge and Opportunity for Ukraine
Brexit: a Challenge and Opportunity for Ukraine
East European Security Research Initiative
 
1.full
1.full1.full

Similar to CFE Treaty, Russia & East European security (2015-03) C-ENG (20)

Reducing the Risks of Conventional Deterrence in Europe
Reducing the Risks of Conventional Deterrence in EuropeReducing the Risks of Conventional Deterrence in Europe
Reducing the Risks of Conventional Deterrence in Europe
 
EU-army-prospects-and-Eastern-Europe-2015-03-C-ENG
EU-army-prospects-and-Eastern-Europe-2015-03-C-ENGEU-army-prospects-and-Eastern-Europe-2015-03-C-ENG
EU-army-prospects-and-Eastern-Europe-2015-03-C-ENG
 
Policy statewatch18 en
Policy statewatch18 enPolicy statewatch18 en
Policy statewatch18 en
 
162nd Bergedorf Round Table. Conference report
162nd Bergedorf Round Table. Conference report162nd Bergedorf Round Table. Conference report
162nd Bergedorf Round Table. Conference report
 
Russia and Europe in times of uncertainty. Conference Report
Russia and Europe in times of uncertainty. Conference ReportRussia and Europe in times of uncertainty. Conference Report
Russia and Europe in times of uncertainty. Conference Report
 
CSBMs in Handling Current Protracted Conflicts: The Transdniestrian Case
CSBMs in Handling Current Protracted Conflicts: The Transdniestrian CaseCSBMs in Handling Current Protracted Conflicts: The Transdniestrian Case
CSBMs in Handling Current Protracted Conflicts: The Transdniestrian Case
 
Russia's war in Ukraine.pptx
Russia's war in Ukraine.pptxRussia's war in Ukraine.pptx
Russia's war in Ukraine.pptx
 
Ditrych (SWP)
Ditrych (SWP)Ditrych (SWP)
Ditrych (SWP)
 
Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...
Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...
Managing the Cold Peace between Russia and the West. Fifth Task Force Positio...
 
szyszlo
szyszloszyszlo
szyszlo
 
EU‘s Global Strategy for Foreign and Security Policy: Implications for Easte...
EU‘s Global Strategy for Foreign and Security Policy:  Implications for Easte...EU‘s Global Strategy for Foreign and Security Policy:  Implications for Easte...
EU‘s Global Strategy for Foreign and Security Policy: Implications for Easte...
 
GLOBSEC_PB_Mizera-Hrvolova-Kusenda
GLOBSEC_PB_Mizera-Hrvolova-KusendaGLOBSEC_PB_Mizera-Hrvolova-Kusenda
GLOBSEC_PB_Mizera-Hrvolova-Kusenda
 
Memo military and political aspects
Memo military and political aspectsMemo military and political aspects
Memo military and political aspects
 
Ukraine and Moldova Initiatives on Transnistria
Ukraine and Moldova Initiatives on TransnistriaUkraine and Moldova Initiatives on Transnistria
Ukraine and Moldova Initiatives on Transnistria
 
The Ukraine crisis: risks of renewed military conflict after Minsk II
The Ukraine crisis: risks of renewed military conflict after Minsk IIThe Ukraine crisis: risks of renewed military conflict after Minsk II
The Ukraine crisis: risks of renewed military conflict after Minsk II
 
Collective Security Treaty Organization CSTO
Collective Security Treaty Organization CSTOCollective Security Treaty Organization CSTO
Collective Security Treaty Organization CSTO
 
Frozen Conflicts in the Post-Soviet Space and Problems on Russia
Frozen Conflicts in the Post-Soviet Space and Problems on RussiaFrozen Conflicts in the Post-Soviet Space and Problems on Russia
Frozen Conflicts in the Post-Soviet Space and Problems on Russia
 
ЄС-Росія
ЄС-РосіяЄС-Росія
ЄС-Росія
 
Brexit: a Challenge and Opportunity for Ukraine
Brexit: a Challenge and Opportunity for UkraineBrexit: a Challenge and Opportunity for Ukraine
Brexit: a Challenge and Opportunity for Ukraine
 
1.full
1.full1.full
1.full
 

CFE Treaty, Russia & East European security (2015-03) C-ENG

  • 1. Marek LENČ, Lecturer at the Faculty of Political Science and International Relations at the Matej Bel University in Banská Bystrica, Slovakia The CFE Treaty was an important tool for arms control, transparency in military activities and confidence- build- ing measures between the NATO Member States and Russia after the end of the Cold War in Europe. Rus- sia`s decision to exit the Joint Consultative Group un- derlines its long lasting refusal to comply with Adapted CFE Treaty, including withdrawal of its armaments from Georgia and Moldova. In the current situation of significant lack of trust be- tween the West and Russia, it raises serious concerns about Russia`s ability to honour its obligations. With previous violations of its bilateral and multilateral com- mitments on Ukraine, the withdrawal from CFE Treaty indicates that Russia`s foreign policy driven by the siege syndrome is open to further hardly predictable moves, and increases the insecurity of former post-soviet coun- tries. In regards with Minsk II Agreements, it also questions the commitments of Moscow undertaken over its imple- mentation. In another words, the treaties (trust) are go- ing to be exchanged with deterrence (fear) as the main guarantor of European security order. Alexandru POSTICA, Researcher at the Insti- tute of History, State and Law of the Academy of Sciences of Moldova Evidently, the participation of Russia in this Treaty of- fers conventional arms control over the way this mem- ber state respects the agreed holding of Treaty limited equipment. Even though Russia ignored repeatedly cer- tain commitments, renouncing this Treaty would lead to losing even the strictly formal control over the way Rus- sia amplifies its military potential. Once Russia leaves this treaty, the de-facto administra- tions of separatist regimes that are supported by Rus- sia could receive weapons uncontrollably. Moreover, we could suppose that this background might fuel the re- sumption of conflicts to be now frozen. According to its military strategy, Russia would be in- terested in creating buffer zones close to the EU border, which would lead to maintaining and further consolidat- ing such zones. An eloquent example is the Transnistri- an region of the Republic of Moldova. Contrary to the existing international commitments, Russia maintains on this territory at least 19,916 tons of ammunition and military equipment. Russia’s withdrawal from the CFE Treaty: Consequences for the East European security At the request of the East European Security Research Initiative, a selection of experts from Georgia, Latvia, Moldova, Slovakia and Ukraine commented on Russia’s withdraw- al from the CFE Treaty and its consequences for the East European security. March 2015 COMMENT EESRI www.eesri.org
  • 2. 2 EESRI COMMENT March 2015 www.eesri.org Kornely KAKACHIA, Executive Director of the Georgian Institute of Politics in Tbilisi, Professor at Ivane Javakhishvili Tbilisi State University I guess this is not good news neither for Eastern Europe nor for international community. Russia, which is al- ready grossly violated international law and considered as a troublemaker in its neighborhood, could end up be- coming pariah state. On the other hand, this may compel Russia’s neighbors more actively seek security guaran- tees from other international actors, as NATO or EU, to assure their own security. It could endanger European security, as well as world history shows security system that is not based on trust prone to failure. Samuel GODA, Research Fellow within the “In- ternational Security” program at the Research Centre of Slovak Foreign Policy Association This step undertaken by Russia is rather another offi- cial confirmation of its ambition to revise the European security environment. In my opinion, the CFE Treaty is still one of the European security cornerstones, howev- er, finding itself in deep agony for several years, and for many experts it was already dead. Although some ex- perts argue that the CFE Treaty has been violated several times. Indeed, one conclusion is clear - such step does not im- prove the security situation in the East European region, also concerning the conflict in Ukraine. In my opinion, this move will prolong the status quo or even worsen current security situation, particularly in Moldova and Georgia, with broader consequences for Caucasus. I am also skeptical regarding the Russian declaration to pro- pose a new treaty – it took decades to negotiate the exist- ing CFE Treaty, and I do not think it will be very different under current circumstances. All in all, I would like to hear a proposal to revise the CFE Treaty or to elaborate a new document, which would adapt the legal basis to new environment (including technological improvements, hybrid warfare, etc.) in order to prevent the situation when we could find ourselves in politico-legal limbo. Raimonds RUBLOVSKIS, Researcher at Riga Stradins University, former National Military Rep- resentative of Latvia at NATO SHAPE The consequences of Russia’s withdrawal from the CFE Treaty will lead to renegotiating all aspects of that Treaty, taking into account that it was signed 25 years ago. There are new conventional military capabilities, which also should be negotiated within possible new legal frame- work on the conventional arms control in Europe. Oleksandr TYTARCHUK, Associate Research Fellow at the Foreign Policy Research Institute, Ukraine; former Military Adviser of the Ukrainian Delegation to the OSCE If you try to scrutinize the above-mentioned statement of the Russian Federation from a legal point of view, you could hardly discover any words about formal withdraw- al from the Treaty on Conventional Armed Forces in Europe (CFE), as envisaged by this Treaty. Hence, Mos- cow still remains to be one of the 30 Member States of the CFE Treaty. The Russian side voluntary suspended fulfillment of its obligations under the CFE Treaty as far back as 2007, thus making the first “unpunished” step in provoking current crisis. Russia’s present step, namely the withdrawal from the CFE Joint Consultative Group (JCG), is actually the next logical attempt to escalate situation around revitalizing conventional arms control in Europe directly influencing the ongoing security developments. Such a situation re- flects the general “nihilistic” course of Moscow’s behavior in meeting all the undertaken international obligations, which are not only political but also legally binding. At the same time, Russia has reserved the right to return to the negotiations within the JCG in the future under more favorable conditions, if any, meanwhile handing over its voice to Belarus being a kind of Russia’s “mouthpiece”, so moving away from the main “firing line” of sharp crit- icism giving a black eye. From purely procedural issues, refusal to participate in the activities of the JCG does not spell out in the CFE Treaty itself and the Protocols thereto. So that it could be considered as a kind of new Moscow-style “hybrid diplo- macy” invention, to which Russia has been particularly rich in recent years. This invention could also bring ad- ditional financial benefits to the RF in “saving” its money being one of the main contributors to the JCG budget, and at the same time remaining formally a Member State of the CFE Treaty. To tell the truth, the total collapse of the existing Pan-European conventional arms control system has not occurred yet. In addition to the CFE Treaty, which is currently lost its practical significance, there are other documents that still remain to be operational to some extent, namely the Vienna Document of 2011 on Con- fidence and Security-Building Measures (VD), and the Open Skies Treaty of 1990 (OST). Although their effec- tiveness raises many questions on the backdrop of cur- rent security developments in and around Ukraine as well as wide application of contemporary hybrid warfare. However, in the absence of other alternatives there is an obvious need to use all available CSBM instruments ac- tively harmonizing them with arms control measures.
  • 3. Destructive actions of the Russian Federation are aimed not only on the CFE Treaty, but also on the VD and the OST, leading to significant limitation of their crisis man- agement capacity. These actions are intended to make the Western partners more concessive and forcing them to accept Moscow’s position, which is extensively backed up by using pressure on Ukraine. Taking into account the agreed withdrawal procedure as provided in Article XIX, para 3 of the CFE Treaty, when one Member State increases its holding of the Treaty limited equipment (TLE) “to pose an obvious threat to the balance of forces within the area of application”, it would be worthwhile for Ukraine in exercising nation- al sovereignty to announce its withdrawal from the CFE Treaty, but not for the RF. Such a decision would help to intensify actions of Western partners and demonstrate wide discrepancy of the existing international obliga- tions to current state of affairs. It would be another case dissimilar to the Budapest Memorandum, whose inter- pretation is twofold. Uncontrolled arms transferring both to the annexed Crimea and occupied eastern regions of Ukraine, consid- erable increase of the TLE holding as well as actual trans- formation of the agreed area of application due to occu- pation by the Russian Federation of the part of Ukrainian territory – all these facts make it simply impossible to use the existing CFE Treaty provisions. Therefore, any revitalizing of the CFE Treaty could only be possible af- ter termination of the Russian aggressive policy against Ukraine, full withdrawal of all Russian troops from the annexed Crimea and occupied territories of Luhansk and Donetsk regions. However, all these issues remain to be a matter of distant and uncertain perspective. The very progress of recent developments will require decisive ac- tions from all parties involved. At this stage, the regional arms control measures that were successfully tested in the Western Balkans could serve as a possible partial alternative for gradual recov- ering of the conventional arms control regime in Eu- rope. These are the provisions of Article IV of the Dayton Agreement of 1996, good progress in the implementa- tion of which was broadly supported by the OSCE. The above document was designed to prevent a new arms race in the region and reduce the risk of new escalation after the Balkans war. Current agreed mandate of the Special Monitoring Mis- sion to Ukraine (SMM) could be somewhat analogous to such regional measures being launched in Ukraine under the auspices of the OSCE as a part of the moni- toring activities on the implementation of the Minsk II Agreements. Thus, the SMM is responsible for executing control and providing verification on the withdrawal of heavy weapons from the line of battle clash. Interestingly enough, that Russia actively supports the involvement of the SMM potential for arms control in the eastern part of Ukraine, apparently following its own tactical objectives mainly sticking to the peacekeeping idea. On the backdrop of formal diminishing of the U.S. inter- est in further implementation of the CFE Treaty, there is a considerable growth of such interest among the EU Member States, who starting to reconsider their securi- ty priorities. Hence, the number of active players in the field of arms control in Europe is currently increasing. Given the main thrust of EU policy towards Russia (pri- marily oriented on preventing Moscow transition to the so-called “dead defense”), it is reasonable to expect in the near future some attempts to expand cooperation with Russia, including with the aim of improving mil- itary transparency and revitalizing of the conventional arms control regime. Moreover, the idea of creation a comprehensive and in- divisible security are in Europe still exists. Thus, primary attention here would be diverted to the implementation of agreed transparency measures, building trust and maintaining security, as well as adjusting conventional arms control in Europe to address hybrid warfare chal- lenges that was clearly given by Berlin in preparing to chair the OSCE in 2016. 3 EESRI COMMENT March 2015 www.eesri.org East European Security Research Initiative (EESRI) is an informal discussion, analytical and information-sharing international platform aimed at uniting efforts of the experts and researches from various countries to find effective ways for strengthening security in the Eastern Europe as the most vulnerable region of the contemporary Europe. The views expressed are those of the authors and do not necessarily reflect the position of the EESRI. © East European Security Research Initiative, 2015