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This article originally appeared in the Ukrainian journal Novoye Vremya.

President Volodymyr Zelenskyy may meet President Donald Trump this weekend in Warsaw and is expected to travel to the United States later in the fall.  This gives Mr. Zelenskyy the opportunity to reinforce Kyiv’s relationship with the United States.  It also offers the opportunity to try to establish a connection to Mr. Trump, something that has proven elusive for most foreign leaders.  Here are a few suggestions for Mr. Zelenskyy on dealing with the American president.

Mr. Zelenskyy should bear in mind that Mr. Trump lacks a strong grasp of the U.S. interest in and what is at stake with regard to Ukraine and the conflict that Russia wages against it.  His administration has pursued sensible policies in supporting Kyiv, strengthening NATO and sustaining sanctions on Moscow.  By all appearances, however, Mr. Trump does not instinctively agree with the necessity of his administration’s own policies.  Witness his recent suggestion about inviting Vladimir Putin to join with other G7 leaders when he hosts the G7 summit next year.

Mr. Trump is not detail-oriented.  He reportedly reads little, leading White House staff to resort to graphs and pictures to capture his attention.  The smart way to approach Mr. Trump is to avoid detail, sticking instead with a few clear and easily understood themes.

Flattering the American president would not hurt.  North Korean leader Kim Jong-un appears to have mastered that.  North Korea has reduced none of its nuclear or ballistic missile capabilities—in fact, they have increased—but Mr. Trump swoons over Mr. Kim’s letters and professes not to be bothered by Pyongyang’s shorter range ballistic missile tests.

That said, keep expectations for flattery modest.  No European leader invested more heavily in flattering Mr. Trump than former British Prime Minister Theresa May.  She gave him a state visit in June with all the bells and whistles.  Yet Mr. Trump could not resist sending a series of tweets denigrating her handling of the Brexit conundrum and all but welcoming her replacement.

This underscores the point that, in many foreign policy relationships, Mr. Trump is transactional.  He will be asking what can America get, or what can he get.

Mr. Zelenskyy thus should consider whether there is a topic on which he could offer Mr. Trump a win-win.  Progress toward resolving the Russia-Ukraine conflict in Donbas could provide such an issue.  Real movement toward peace would be a major win for Kyiv, but it could offer Mr. Trump a win as well.  He has repeatedly made clear his desire for improved U.S.-Russia relations, and a genuine settlement in Donbas could lift the biggest obstacle to his goal.

The question is how to shape a proposal to accomplish this.  Bringing Mr. Trump into the current Normandy negotiating format in a way that made it appear as if Mr. Trump sparked a breakthrough would appeal to the Nobel Prize-hungry American president.

However, the key to peace in Donbas lies in Moscow.  The Kremlin seems interested in sustaining a simmering conflict as a means to pressure the government in Kyiv.  Still, aligning interests with Mr. Trump on pressing for peace would be a plus for Mr. Zelenskyy.

While in the United States, the Ukrainian president should not neglect the Congressional leadership.  Both Democrats and Republicans on Capitol Hill support Ukraine and display considerable skepticism toward Russia.  Congress could serve as a check on Mr. Trump should he choose to pursue his less well-thought-out ideas on Russia.

Mr. Zelenskyy’s American interlocutors in Congress want Ukraine to succeed, with success measured by its progress in becoming a normal democratic, market-oriented and prosperous European state.  In the past, developments in Ukraine have disappointed both Ukrainians and the country’s friends in the West.  To the extent that Mr. Zelenskyy can make a persuasive case that this time it is different—that he and the new parliament will take the tough steps to achieve success—he will return home having forged a stronger basis for the U.S.-Ukrainian relationship.  He can bolster his case by coming to Washington with one or two signature reforms under his belt, such as an end to the moratorium on sales of private agricultural land.

One last piece of advice.  Mr. Zelenskyy and his team should be wary of former New York mayor Rudy Giuliani’s efforts to drag Ukraine into U.S. domestic politics.  That would risk making Ukraine a partisan political issue in America, which could undermine the bipartisan support that Ukraine has enjoyed since regaining independence in 1991.

* * * * *

Steven Pifer is a William Perry fellow at Stanford University and a former U.S. ambassador to Ukraine.

 

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Objectives To determine whether expanding Emergency Medicaid to cover prenatal care in Oregon affected maternal health outcomes for unauthorized immigrants. Methods This study takes place in Oregon from 2003 to 2015 and includes all Emergency Medicaid and Medicaid claims for women aged 12–51 with a pregnancy related claim. To isolate the effect of expanding access to prenatal care, we utilized a difference-in-differences approach that exploits the staggered rollout of the prenatal care program. The primary outcome was a composite measure of severe maternal morbidity and mortality. Additional outcomes include adequacy of prenatal care, detection of pregnancy complications and birth outcomes. Results A total of 213,746 pregnancies were included, with 35,182 covered by Emergency Medicaid, 12,510 covered by Emergency Medicaid Plus (with prenatal care), and 166,054 covered by standard Medicaid. Emergency Medicaid Plus coverage did not affect severe maternal morbidity (all pregnancies 0.05%, CI − 0.29; 0.39; high-risk pregnancies 2.20%, CI − 0.47; 4.88). The program did reduce inadequate care among all pregnancies (− 31.75%, 95% CI − 34.47; − 29.02) and among high risk pregnancies (− 38.60%, CI − 44.17; − 33.02) and increased diagnosis of gestational diabetes (6.24%, CI 4.36; 8.13; high risk pregnancies 10.48%, CI 5.87; 15.08), and poor fetal growth (7.37%, CI 5.69; 9.05; high risk pregnancies 5.34%, CI 1.00; 9.68). The program also increased diagnosis of pre-existing diabetes mellitus (all pregnancies 2.93%, CI 2.16; 3.69), hypertensive diseases of pregnancy (all pregnancies 1.28%, CI 0.52; 2.04) and a history of preterm birth (all pregnancies 0.87%, CI 0.27; 1.47). Conclusions for Practice Oregon’s prenatal care expansion program produced positive effects for unauthorized immigrant women and their children.

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Maria I. Rodriguez
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This article originally appeared at Brookings.

April 5 marks the 10th anniversary of the speech in which Barack Obama laid out his vision for a world without nuclear weapons. It did not gain traction. Instead, the United States and Russia are developing new nuclear capabilities, while the nuclear arms control regime is on course to expire in 2021. The result will be a world that is less stable, less secure, and less predictable.

A WORTHWHILE VISION

Just 10 weeks after his inauguration, President Obama’s first trip to Europe took him to Prague. Speaking in Hradcany Square, Obama voiced his deep interest in reducing nuclear arms, including a “commitment to seek the peace and security of a world without nuclear weapons.” He added that reaching that goal would require time, and that, as long as nuclear arms existed, the United States would maintain a “safe, secure and effective” nuclear arsenal.

Obama’s critics mocked him as naïve and idealistic. Achieving a world without nuclear arms would require, at a minimum, that nations conclude that they could protect their vital interests without nuclear arms; that new and very intrusive verification mechanisms were developed and agreed; and that an enforcement mechanism against any cheating state have real teeth—daunting challenges, to be sure. That said, a world in which nuclear arms were reliably and verifiably eliminated would be very much in the U.S. interest.

Nuclear war today poses the one existential threat to the United States. In a non-nuclear world, America would enjoy the advantages of geography (the protection afforded by two wide oceans and friendly neighbors in Canada and Mexico), the world’s most powerful conventional forces, and an unrivaled network of allies. Deterrence would not end; U.S. conventional forces could threaten enormous costs to any would-be adversary menacing America or its allies.

A big problem arises, however, in trying to persuade other states to accept a non-nuclear world. The balance of advantages and disadvantages that would make such a world so attractive for the United States would seem very different to other countries, such as Russia.

EVENTS TOOK A DIFFERENT COURSE

In any event, matters took a different course than Obama had hoped. Following signature of the New Strategic Arms Reduction Treaty (New START) in April 2010, he called for negotiations with Russia to further reduce strategic nuclear weapons and bring in non-strategic nuclear weapons. That raised the possibility that, for the first time ever, the two countries might negotiate limits on their entire nuclear arsenals.

Moscow chose not to engage in further bilateral negotiations—in part because Washington proved unready to discuss limits on missile defense or conventional strike systems. The Russians also sought a multilateral negotiation, though they have never offered a proposal or explained how one treaty could limit forces as disparate as those of the United States and Russia (4000 to 4500 nuclear weapons each) and China and France (less than 300 each). A Washington Naval Treaty-type agreement assigning unequal limits to its adherents presumably would be unwelcome in Beijing, Paris, and other capitals. 

Today, Russia and the United States have launched major nuclear force modernization programs. These programs focus largely on replacing old systems. Weapons systems age out and need replacement. Both sides, however, also plan to add new capabilities, including exotic strategic weapons and low-yield nuclear arms. One likely and unfortunate result: The threshold for employment of nuclear weapons will be lower.

While U.S. and Russian nuclear modernization proceeds, the regime that limits U.S. and Russian nuclear arms has begun to break down. Russia violated the 1987 Intermediate-range Nuclear Forces (INF) Treaty by deploying a prohibited cruise missile. Neither the Obama nor the Trump administration came up with an effective strategy to bring Moscow back into compliance, and it appears that President Trump barely tried, perhaps reflecting the influence of National Security Advisor John Bolton, who has long expressed skepticism about any agreements that constrain U.S. military forces. The INF Treaty will expire this August when the United States withdraws.

The end of the INF Treaty will leave New START, which caps the sides’ strategic missiles and bombers as well as their deployed strategic warheads, as the sole remaining nuclear arms control agreement. Unlike the INF Treaty, both sides have complied with New START’s limits, but it has less than two years to run before it expires.

New START’s terms allow for an extension of up to five years. Moscow historically has wanted some bounds on U.S. strategic forces. The Russians broached the idea of extension in early 2017 and have raised it several times since then. Extension should be a no-brainer for Washington: It would cap Russian strategic forces until 2026 while forcing no change in U.S. modernization plans, since the Pentagon designed those plans to fit within New START. Extension would also continue the flow of information that the United States receives about Russian strategic forces from New START’s verification measures. Unfortunately, Trump’s grasp of these questions appears weak, and Bolton does not appear a fan of New START.

AN UNCERTAIN FUTURE

The two nuclear superpowers thus will likely find themselves in 2021 in a situation that they have not faced for decades—a world with no constraints on nuclear force numbers. For the United States, that world will prove less stable and less secure as new nuclear capabilities undermine the strategic balance and threaten America. It will prove less predictable, as the data exchanges, notifications, and on-site inspections provided by New START cease. And it will almost certainly prove more costly, as the Pentagon has to make worst-case assumptions.

True, achieving Obama’s vision of a world without nuclear weapons now seems unrealistic. But we could use some presidential commitment to controlling those weapons.

 

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To listen to the audio recording of this talk, please visit our multimedia page.

 
Daniel Ziblatt will describe current dangers facing democracies around the world, including Europe and the United States and ways of preventing democracy's breakdown. He will draw lessons from the fateful missteps that have wrecked other democracies and from ways citizens have risen to meet the great democratic crises of the past.

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Portrait of Daniel Ziblatt, Harvard University

Daniel Ziblatt
is Eaton Professor of the Science of Government at Harvard University and Acting Director of Harvard's Center for European Studies.  Ziblatt's scholarship on democratization, democratic breakdown, and state-building include New York Times bestseller, How Democracies Die (2018), co-authored with Steven Levitsky; Conservative Parties and the Birth of Democracy (2017), winner of the American Political Science Association’s Woodrow Wilson Award for the best book published in the United States on government, politics, or international affairs; and Structuring the State: The Formation of Italy and Germany and the Puzzle of Federalism (2006).

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Misconduct by those in high places is always dangerous to reveal. Whistleblowers thus face a paradox: by challenging and exposing transgressions by the powerful, they perform a vital public service; yet they always suffer for it. Comparing whistleblower protection in Europe and the United States brings into fuller relief the vital role truth-telling can play in sustaining civil discourse and democracy.


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Prof. Allison Stanger

Allison Stanger
is the Russell Leng ’60 Professor of International Politics and Economics and founding director of the Rohatyn Center for International Affairs at Middlebury College. She is the author of One Nation Under Contract: The Outsourcing of American Power and the Future of Foreign Policy and Whistleblowers: Honesty in America from Washington to Trump, both with Yale University Press. She is working on a new book tentatively titled Consumers vs. Citizens: Justice and Democracy’s Public Square in a Big Data World. Stanger’s writing has appeared in Foreign Affairs, Foreign Policy, Financial Times, International Herald Tribune, New York Times, USA Today, U.S. News and World Report, and the Washington Post, and she has testified before the Commission on Wartime Contracting, the Senate Budget Committee, the Congressional Oversight Panel, the Senate HELP Committee, and the House Committee on Government Oversight and Reform. She is a member of the Council on Foreign Relations and received her Ph.D. in Political Science from Harvard University. Stanger is currently a Scholar in Residence in the Cybersecurity Initiative at New America and an External Professor at the Santa Fe Institute.

 

Co-sponsored by the McCoy Family Center for Ethics in Society

 

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This piece originally appeared at Brookings.

 

 

The Trump administration has finished off the 1987 Intermediate-range Nuclear Forces (INF) Treaty, a treaty mortally wounded by Russia’s deployment of a banned intermediate-range missile. That leaves the 2010 New Strategic Arms Reduction Treaty (New START) as the sole agreement limiting U.S. and Russian nuclear forces.

New START has less than two years to run. At the February 15-16 Munich Security Conference, a senior Russian official reiterated Moscow’s readiness to extend the treaty. The administration, however, continues its odd reluctance to take up that offer. House Democrats should use their power of the purse on the issue.

WHY EXTENSION MAKES SENSE

Signed in 2010, New START limits the United States and Russia each to no more than 700 strategic ballistic missiles and bombers, and no more than 1,550 deployed strategic warheads. Those limits took full effect in February 2018. Both sides have complied, although technical questions have arisen. Russian officials question the way in which the U.S. military converted some launchers so that they would not count.

By its terms, New START runs until February 5, 2021. It can be extended for up to five years by simple agreement between the U.S. and Russian presidents.

When asked about extension in 2017, administration officials said they would wait to complete the nuclear posture review and to see if the Russians met the New START limits. Both of those boxes were checked more than a year ago. Administration officials now say they are studying extension but see no need to rush.

New START extension is in the U.S. interest.

First, extension would constrain Russian strategic nuclear forces until 2026. It makes little sense to let the treaty lapse in 2021, when Russia has hot production lines churning out new missiles, submarines, and bombers.

Second, New START extension would not impact U.S. strategic modernization plans. They are sized to fit within New START’s limits. Moreover, the United States will not start producing significant numbers of replacement missiles, submarines, and bombers until the second half of the 2020s.

Third, extension would continue the flow of information that the sides share with each other about their strategic forces. That comes from data exchanges, notifications, on-site inspections and other verification measures, all of which end if New START lapses. Making up for that loss of information would require a costly investment in new national technical means such as reconnaissance satellites.

WHY WE SHOULD WORRY

Extension should be a no-brainer. However, in a White House that operates on its own facts and at times with an indecipherable logic, extension is not a given.

President Trump does not seem to understand much about nuclear arms control. During his first telephone conversation with President Putin, Trump reportedly dismissed New START as a bad deal done by his predecessor. He has taken delight in undoing the accomplishments of President Obama (witness the Iran nuclear accord).

National Security Advisor Bolton shows disdain for arms control and has criticized New START. One of its faults, according to Mr. Bolton: It provides for equal limits on the United States and Russia. He felt the treaty should allow the U.S. military to have more. (U.S. diplomats would have had an interesting time trying to negotiate that.) Asked about New START extension, Mr. Bolton notes two alternatives: renegotiation and a new treaty modeled on the 2002 Strategic Offensive Reductions Treaty (SORT).

Renegotiation would allow U.S. officials to try to improve New START, perhaps with more intrusive verification measures, or even broadening the agreement to cover non-strategic nuclear weapons. Moscow, however, would seek changes as well, such as constraints on missile defenses—anathema to Washington.

Renegotiation would prove difficult, take considerable time, and have at best uncertain prospects for success. A wiser course would extend New START and then seek a renegotiation or a new follow-on treaty.

As for SORT, negotiated by Mr. Bolton, it limited deployed warheads only. Mr. Putin accepted that in 2002, but Russian officials have long since made clear that limits should apply to warheads and delivery vehicles, as they do in New START.

SORT, moreover, was “sort of” arms control. Lacking agreed definitions, counting rules or monitoring measures, it was unverifiable. In doing their own counts on the honor system, the U.S. and Russian militaries may not have even counted the same things.

Neither Secretary of State Pompeo nor Acting Secretary of Defense Patrick Shanahan has shown interest in championing New START. The uniformed military leadership argued the treaty’s value in the past, but Chairman of the Joint Chiefs Joseph Dunford recently has hedged.

While ratification of a treaty requires consent from two-thirds of the Senate, the president alone can decide to leave a treaty. The Trump administration did not consult with either Congress or allies on withdrawal before Trump announced his intention to pull out of the treaty last October.

HOUSE DEMOCRATS TO THE RESCUE?

While the Trump administration shows little interest in arms control, it does want funding to modernize U.S. strategic forces. Democrats should recognize that and force the White House’s hand.

The U.S. strategic triad is aging. Ballistic missile submarines are the leg of the triad most in need of urgent replacement. They should be funded. Replacing intercontinental ballistic missiles (ICBMs) or building the B-21 bomber, however, are less urgent needs. As they work on the appropriations for the 2020 defense budget, House Democrats should make clear to the White House and the Pentagon that money for ICBM modernization or the B-21 would need to be paired with extension of New START. That will get attention.

Retaining a strategic triad makes sense (though the need for 400 deployed ICBMs is debatable). Retaining New START makes sense as well. House Democrats should simply insist on a trade.

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In December, Secretary of State Pompeo said Russia had 60 days to come back into compliance with the Intermediate-range Nuclear Forces (INF) Treaty. Otherwise, the United States would suspend its treaty obligations.

The clock runs out on February 2. Unfortunately, U.S. and Russian officials, already anticipating the treaty’s demise, have turned to finger-pointing…and Washington is losing the blame game.

CHARGES OF TREATY VIOLATIONS

In 2014, the United States charged Russia with violating the INF Treaty by testing a ground-launched cruise missile to intermediate range (500-5,500 kilometers). In 2017, Washington said Russia had begun to deploy the offending missile, later identified by the Russian designator 9M729.

U.S. officials for several years provided little public information to substantiate their charge. However, one could still believe that Russia had violated the treaty—or at least that the U.S. government believed that Russia had violated the treaty. When the Obama administration declared Russia in violation in 2014, it handed its Republican critics a large chunk of red meat, and they only too happily mocked President Obama as naïve in his desire to reduce nuclear arms. Had there been any ambiguity in the U.S. evidence, the Obama administration surely would not have exposed itself to that.

Moscow nonetheless has denied violating the treaty and charges Washington with three violations. Two charges don’t bear scrutiny, and Russian officials themselves seem to recite them merely for form’s sake, but the charge regarding the Mk-41 launcher for missile interceptors at the Aegis Ashore facility in Romania has some basis. Mk-41 launchers on U.S. warships can hold a variety of missiles, including cruise missiles.

The U.S. military does not have cruise missiles secreted in Romania, but the Russian concern is understandable. Were the positions reversed, Washington might well raise the point.

U.S. and Russian officials met in Geneva on January 15 to discuss the INF Treaty and compliance issues. The Russians reportedly offered some kind of exhibition of the 9M729 missile, but U.S. officials said it did not satisfy their concerns. It does not appear the American side tried to improve the terms of the Russian offer but instead sought total surrender by the Russian side, which was not going to happen.

Afterwards, American officials told the press that the Russian ideas did not break new ground. Russian officials called the U.S. approach “uncompromising.”

WHO KILLED THE TREATY?

The blame game is now on. Perhaps due to the partial government shutdown in Washington, Moscow is winning.

Russian officials have actively made their case since President Trump in October said the United States would leave the treaty. On January 23, the Russians held a briefing outside of Moscow for journalists and foreign military attachés to rehash their charges of U.S. treaty violations and explain their claim that the 9M729 was treaty-compliant. The briefing compared the dimensions of the 9M729 to the 9M728, a somewhat shorter missile with a range of less than 500 kilometers (thus treaty-compliant), and claimed the former had the same engine and fuel capacity but a larger warhead and thus a shorter range. The briefing revealed some previously undisclosed details about the 9M729, which may or may not be true.

Russian military officers then exhibited the 9M729 and 9M728 missiles. Well, no. They exhibited canisters labeled 9M729 and 9M728. Whether the canisters actually contained missiles is anyone’s guess.

The problem for Washington, however, is that the Russian narrative includes far more detail and specifics than the U.S. presentation. American officials handicapped themselves for years by refusing to reveal the basis for their charge about the 9M729, citing the need to protect sources and methods. Losing the public relations battle could have diplomatic consequences as Washington seeks to rally allies to its case.

It was only in December that Director of National Intelligence Dan Coats explained that the Russian military had tested the 9M729 from a fixed launcher to a range greater than 500 kilometers (that would be okay, if the missile were a sea-launched cruise missile). The Russians then tested the 9M729 from a mobile ground launcher to a range of less than 500 kilometers, apparently hoping the U.S. intelligence community would not make the connection between the two.

Coats’s briefing helped, but Washington continues to play catch up in the blame game. Since it is the United States that has said it will cease observing the treaty’s terms, it needs to do better to fix responsibility for the treaty’s end on Moscow.

SAVE THE TREATY?

In this regard, rejecting the Russian January 15 offer of an exhibition was a mistake. U.S. officials instead should have pocketed the proposal and defined terms for a meaningful exhibition and technical briefing. That would have meant looking not at canisters but at the missile and inside the missile to see things such as the engine and fuel tank. Procedures would have been needed to ensure a real 9M729 was exhibited. This would have taken negotiation, but smart technical experts might have worked out something.

In order to get the Russians to go that far, Washington would have had to be prepared to address Russian concerns about the Mk-41 launcher—perhaps an exhibition and technical briefing? The U.S. side was not ready for that.

That’s unfortunate. Taking up the Russian offer and then pressing to make the exhibit meaningful, combined with a readiness to exhibit the Mk-41, would have positioned Washington to show that it was making every effort to find a solution and that Russia, not the United States, bears responsibility for the end of the INF Treaty. And who knows? It would have created a small chance of finding a way to resolve the sides’ compliance concerns and save the treaty.

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Today, January 14, marks the 25th anniversary of the Trilateral Statement.  Signed in Moscow by President Bill Clinton, Russian President Boris Yeltsin and Ukrainian President Leonid Kravchuk, the statement set out the terms under which Ukraine agreed to eliminate the large arsenal of former Soviet strategic nuclear weapons that remained on its territory following the collapse of the Soviet Union.

Among other things, the Trilateral Statement specified the security assurances that the United States, Russia and Britain would provide to Ukraine eleven months later in the Budapest Memorandum on Security Assurances.  Unfortunately, Russia grossly violated those assurances in 2014 when it used military force against Ukraine.

Soon after regaining independence, Ukraine’s leadership indicated its intention to be a non-nuclear weapons state.  Indeed, the July 16, 1990 declaration of state sovereignty adopted by the Rada (parliament) adopted that goal.  Kyiv had questions, however, about the terms of the elimination of the strategic weapons.

First, eliminating the intercontinental ballistic missiles (ICBMs), bombers, ICBM silos and nuclear infrastructure would cost money.  Ukraine’s economic future in the early 1990s was uncertain (the economy ended up declining for most of the decade).  Who would pay for the expensive elimination process?

Second, the strategic nuclear warheads had economic value as they contained highly enriched uranium.  That could be blended down into low enriched uranium to fabricate fuel rods to power nuclear reactors.  If Ukraine shipped warheads to Russia for dismantlement, how would it be compensated for the value of the highly enriched uranium they contained?

Third, nuclear weapons were seen to confer security benefits.  What security guarantees or assurances would Kyiv receive as it gave up the nuclear arms on its territory?

These questions were reasonable, and Kyiv deserved good answers.  In 1992 and the first half of 1993, Ukrainian and Russian officials met in bilateral channels to discuss them, along with other issues such as a schedule for moving warheads to Russia.  In parallel, U.S. officials discussed similar issues with their Ukrainian and Russian counterparts.

However, in September 1993, a Ukrainian-Russian agreement dealing with the nuclear issues fell apart.  Washington decided to become more directly involved out of fear that a resolution might otherwise not prove possible, giving birth to the “trilateral process.”  Discussions over the course of the autumn led U.S. negotiators in mid-December to believe that the pieces of a solution were ready.

In a negotiation in Washington in early January 1994, U.S. Ambassador-at-large Strobe Talbott, Ukrainian Deputy Prime Minister Valeriy Shmarov and Deputy Foreign Minister Borys Tarasyuk, and Russian Deputy Foreign Minister Georgiy Mamedov and their teams finalized answers to Kyiv’s three questions, and wrote them into what became the Trilateral Statement and an accompanying annex.

The United States agreed to provide Nunn-Lugar Cooperative Threat Reduction funds to finance the elimination of the strategic delivery systems and infrastructure in Ukraine.  Specifically, $175 million would be made available as a start.

The three sides agreed that Russia would compensate Ukraine for the value of the highly enriched uranium in the nuclear warheads transferred to Russia for elimination by providing Ukraine fuel rods containing an equivalent amount of low enriched uranium for its nuclear reactors.  In the first ten months, Ukraine would transfer at least 200 warheads, and Russia would provide fuel rods containing 100 tons of low enriched uranium.

The sides laid out in the Trilateral Statement the specific language of the security assurances that Ukraine would receive once it had acceded to the Non-Proliferation Treaty as a non-nuclear weapons state.  Although Kyiv had sought security guarantees, Washington was not prepared to extend what would have been a military commitment similar to what NATO allies have; the assurances were the best that was on offer.

Two issues—the date for transfer of the last nuclear warheads out of Ukraine and compensation for the highly enriched uranium that had been in tactical nuclear warheads removed from Ukraine to Russia by May 1992—nearly derailed the Trilateral Statement.  The sides, however, agreed to address those in private letters.

Presidents Clinton, Yeltsin and Kravchuk met briefly in Moscow on January 14, 1994 and signed the Trilateral Statement.  That set in motion the transfer of nuclear warheads to Russia, accompanied by parallel shipments of fuel rods to Ukraine.  The deactivation and dismantlement of missiles, bombers and missile silos in Ukraine began in earnest with Cooperative Threat Reduction funding.

In December 1994, Ukraine acceded to the Non-Proliferation Treaty and received security assurances from the United States, Russia and Britain in the Budapest Memorandum.  France and China subsequently provided Kyiv similar assurances.

Ukraine fully met its commitments under the Trilateral Statement.  The last nuclear warheads were transferred out of Ukraine in May 1996.

The other signatories met their commitments—with one glaring exception.  In 2014, Russia used military force to illegally seize Crimea, in violation of its Budapest Memorandum commitments “to respect the independence and sovereignty and the existing borders of Ukraine,” and “to refrain from the threat or use of force” against Ukraine.  Russian security and military forces then instigated a conflict in the Donbas region in eastern Ukraine, a conflict that has claimed more than 10,000 lives and continues to simmer.

At the time, the Trilateral Statement was seen as a major achievement in Washington, as it eliminated hundreds of ICBMs and bombers and nearly 2,000 strategic nuclear warheads that had been designed and built to strike the United States.  Not surprisingly, in light of Russia’s aggression, many in Ukraine now question the value of the Trilateral Statement and Budapest Memorandum.  They argue that, had Ukraine held on to at least some nuclear weapons, Russia would never have dared move on Crimea and Donbas.

That argument is understandable and perhaps correct (although alternative histories are not always easy to envisage).  However, had Ukraine tried to keep nuclear weapons, it would have faced political and economic costs, including:

·      Kyiv would have had limited relations, at best, with the United States and European countries (witness the virtual pariah status that a nuclear North Korea suffers).  In particular, there would have been no strategic relationship with the United States.

·      NATO would not have concluded a distinctive partnership relationship with Ukraine, and the European Union would not have signed a partnership and cooperation agreement, to say nothing of an association agreement.

·      Kyiv would have received little in the way of reform, technical or financial assistance from the United States and European Union.

·      Western executive directors would have blocked low interest credits to Ukraine from the IMF, World Bank and European Bank of Reconstruction and Development.

To be sure, one can debate the value of these benefits.  But those who now assert that Ukraine should have kept nuclear arms should recognize that keeping them would have come at a steep price.  Moreover, in any confrontation or crisis with Russia, Ukraine would have found itself alone.

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On December 21, the United Nations General Assembly voted down a Russian-proposed resolution calling for support for the INF Treaty. That Moscow gambit failed, in large part because Russia is violating the treaty by deploying prohibited missiles.

This bit of diplomatic show came one week after Russian officials said they would like to discuss INF Treaty compliance concerns. That could be—not is, but could be—significant. Washington should test whether those suggestions represent just more Kremlin posturing or a serious effort to save the treaty.

THE INF TREATY

Ronald Reagan and Mikhail Gorbachev signed the INF Treaty in 1987. It resulted in the elimination of some 2,700 U.S. and Soviet missiles. The treaty continues to ban the United States and Russia from having ground-launched missiles of intermediate range (500-5,500 kilometers) as well as from having launchers for such missiles.

In 2014, the U.S. government publicly charged that Russia had violated the treaty by developing and testing a ground-launched intermediate-range cruise missile. In early 2017, U.S. officials said the Russian military had begun deploying it.

From 2013 to late 2017, Russian officials claimed that they did not know what missile Washington had in mind. After a U.S. official revealed that the Russian designator for the offending missile was 9M729, Russian officials conceded that the 9M729 ground-launched cruise missile existed but asserted that its range did not exceed 500 kilometers.

On December 4, NATO foreign ministers stated that the development and deployment of the 9M729 constituted a material breach of the INF Treaty. Secretary of State Pompeo the same day said that, if Russia did not return to compliance within 60 days, the United States would suspend its obligations under the treaty, meaning that it would face no treaty bar to testing and deploying its own intermediate-range missile. U.S. suspension of its obligations would relieve Russia of the requirement to observe its obligations.

The treaty seemed fixed on a path for demise.

SIGNS OF POSSIBLE LIFE?

Then, on December 14, Reuters reported that a Russian foreign ministry official had said Moscow envisaged the possibility of mutual inspections to resolve the sides’ compliance concerns. The next day, the Associated Press and TASS said Defense Minister Shoygu had sent Secretary of Defense Mattis a message proposing “open and specific” talks on compliance issues.

As with the failed U.N. resolution, these statements could just represent posturing. Indeed, given the lack of serious engagement for nearly five years, it likely is part of Moscow’s effort to ensure that blame for the INF Treaty’s end falls on Washington.

There is, however, a small chance that the Russians seek a settlement. U.S. officials should explore this, if for no other reason than that a failure to do so would increase the prospects that Washington bears the responsibility for the agreement’s collapse in the eyes of publics and allies.

The big question: Are the Russians willing to exhibit the 9M729 and provide a technical briefing to American experts on why the missile’s range does not exceed 500 kilometers? That invariably would entail questions about the capacity of the missile’s fuel tanks and power of its engine. U.S. experts might also ask why, if the 9M729 can fly no further than 500 kilometers, Russia built the missile when it already deploys the modern 9M728, a ground-launched cruise missile whose range is also less than 500 kilometers.

Working out the details for this kind of exhibit and briefing would require some patience and delicacy. It would require agreeing to procedures not specified in the INF Treaty. It would also require steps to ensure that U.S. experts had the opportunity to view a 9M729, not something else. But the State Department, Defense Department, and intelligence community have bright people who could figure out how to make this work.

Of course, if the 9M729’s range exceeds 500 kilometers, the treaty requires its elimination. Senior American officials, however, have allowed for the possibility that Russia might satisfy U.S. concerns by modifying the missile so that it could not fly to intermediate ranges.

WOULD HAVE TO BE MUTUAL

Russian readiness to conduct the exhibit poses one test. A second test is for the American side. While denying that they have violated the INF Treaty, Russian officials charge that the United States has committed three violations. Two of the charges lack any real foundation, and Russians themselves seem to be setting them aside.

They continue, however, to press a third charge. The Russians assert that the Mk-41 launcher used by the Aegis Ashore missile defense facility in Romania can hold and launch offensive cruise missiles of intermediate range in addition to the Mk-41’s stated purpose of containing and launching SM-3 missile interceptors.

U.S. officials respond that the Mk-41 launcher used in Romania (and soon to be deployed at an Aegis Ashore site in Poland) has not been tested with a ground-launched missile. They argue that it thus is not a prohibited intermediate-range missile launcher.

Technically, U.S. officials may be correct. Moreover, nothing suggests that the Aegis Ashore facility hosts anything but SM-3 missile interceptors.

However, the Mk-41 launcher is standard on U.S. Navy warships. On board warships, the Mk-41 holds a variety of weapons in addition to SM-3 interceptors, including the BGM-109C Tomahawk land-attack cruise missile. The Tomahawk has a range of about 1,500 kilometers. Other than that it is launched from the sea rather than land, it shares many similarities with the BGM-109G ground-launched cruise missiles eliminated under the INF Treaty.

Were the Russians instead of the Americans using something like the Mk-41 launcher on land, the U.S. side might well have questions about its compliance with the treaty.

Speaking in mid December, a Russian foreign ministry official ruled out a unilateral demonstration of the 9M729 but seemed to leave open the possibility for mutual measures. If Russian officials were prepared to allow an exhibit and provide a technical briefing on the 9M729, U.S. officials should be prepared to demonstrate the Mk-41 launcher in Romania to Russian experts and explain why it cannot hold cruise missiles. If it can do so, there should be ways to address Moscow’s concerns, either by modifying the shore-based Mk-41 or allowing periodic visits by Russian experts to show that the launchers contain SM-3 missile interceptors only.

Again, working out the details for such a demonstration would take some time, but the sides have experts with the expertise to do so.

AN OPPORTUNITY?

Some may object that this kind of proposal equates Russia’s material breach of the INF Treaty with a question of technical compliance on the American side. Perhaps, but U.S. officials—and European officials, since the treaty affects their security—should ask whether offering to address Russian questions about the Aegis Ashore’s Mk-41 launcher is worth the chance to resolve the 9M729 issue and preserve the INF Treaty.

At worst, if Russia is merely posturing, U.S. officials will be able to cite their effort and finger Moscow’s lack of seriousness. At best, they could preserve a treaty that has made a substantial contribution to U.S., European, and global security.

Washington should take up Moscow’s offer for dialogue. It can do so while allowing the 60-day clock to run, though it might consider allowing more time if technical talks get underway and make progress.

The INF Treaty may still have a glimmer of hope, but someone still needs to act to save it.

 

 

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