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Russia - threadbanned users in OP

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  • Registered Users Posts: 8,922 ✭✭✭GM228


    Good thread on Russia's Constitution Court approval of the annexations:-




  • Moderators, Society & Culture Moderators Posts: 16,323 Mod ✭✭✭✭Manic Moran


    Going back to my law degree here, but I would observe you are misreading some pretty fundamental verbiage. A basic principle of reading contracts, treaties and legislation is that the words mean exactly what they say, and further, if the writing in question uses different words for similar concepts, the difference is significant.

    In this case, for example, note that it uses phrases including “are expected to” and “are required”. They have different meanings. A requirement is non-discretionary. Failure to meet a requirement is a disqualifying condition and is either met or not met. An “expectation” however is a statement of intent or aspiration and has more wiggle room. The writers of the document you quote are clearly capable of using the word “requirement” if they intend to. Therefore when they use a different term, they have a different meaning in mind.

    Similar for the contents of the study itself. Do not confuse a “factor” in making a decision with a “disqualifying condition”. The two concepts are not necessarily the same.


    The whole discussion seems to be overtaken by events anyway (with the US basically shooting it down), but I comment for precision.



  • Registered Users Posts: 3,840 ✭✭✭Polar101


    Yes just like the attack on Kyiv was a feint, the Russians are just retreating until Steiner counterattacks and Putin's wonderweapons are ready for a devastating counter-strike.



  • Registered Users Posts: 19,191 ✭✭✭✭Tony EH


    The Crimea will be a bone of contention in this no matter what. The main language is Russian, the majority of the people there see themselves as Russian, many of which were never too happy to be gifted to the Ukrainian SSR in the 1950's as a token of solidarity in the first place. Russia and the Russians of the Crimea will be very loath to simply back out of the peninsula no matter how badly the war goes in the Ukraine itself.

    As for WMD's whatever that form may take, that remains very much an unknown. I certainly don't see a situation where Putin employs Russia's nuclear ordnance, despite his posturing however. The results for his country would be devastating. If he firmly decided to use such weaponry, then more than likely his future would be a window with him falling out of it. There must be cooler heads in the Kremlin that have their lines they won't cross, especially over what is a ridiculous conflict with their nearest neighbour, the reasons for which many of them are probably still in the dark about.

    Right now the war is next door and is something that most Russians look at on the tele, much like ourselves. I doubt that any of them, apart from the most blissfully ignorant of such things, would be cheerleading a WMD strike of any capacity.



  • Registered Users Posts: 24,014 ✭✭✭✭Larbre34


    How could they, when they know that they and their family and everything they've ever known will be vaporised, if it happens.



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  • Registered Users Posts: 18,524 ✭✭✭✭Strazdas


    I saw an interesting comment on Twitter today that using a tactical nuclear weapon in Ukraine would render the battlefield inoperable even for Russian troops. They could always drop one hundreds of miles into Ukraine and away from the front but that would look for all the world like a terrorist act by a terrorist state.



  • Registered Users Posts: 16,616 ✭✭✭✭astrofool


    I think you're getting caught up on the "rules" around membership, which the members can change at their whim.

    IF NATO feel they can have Ukraine as a member without russia being able to retaliate against it or go no further, I've no doubt it will happen, they may neglect putting boots on the ground in Ukraine, or maybe just East Ukraine, but russia has shown it's weakness in this conflict, NATO will be emboldened by it.

    You only have to look at the drip feed of more advanced weaponry making it into Ukrainian hands as an example, what they are getting now would have been absolutely unthinkable back in January, russia have been shown to be a 1 trick pony with their responses (i.e. vague nuclear threats) and are in a very fragile state similar to the end of the USSR (conscription could end up being the straw), they will find it hard to navigate out of it unless the battle on the ground changes significantly.

    The main danger is a trump like idiot getting into power in the US and rolling over for putin again, but that seems unlikely, even for the GOP.



  • Registered Users Posts: 19,191 ✭✭✭✭Tony EH


    There's really no such thing as a "tactical" nuclear weapon. They are, all of them, weapons of such destructive power that using them means you deny the territory to the use of everybody involved. The only "tactic", if one could call it that, involved is mere spoliation which will contravene the most basic rules of warfare and would be viewed, thusly, as a war crime.



  • Registered Users Posts: 7,110 ✭✭✭Brussels Sprout



    Thanks for that. This seems to have been a reaction by Russia to Montenegro applying for membership in the first place. I wonder why is it that Montenegro took that first step....

    Ok. I had a look at the wikipedia page of the country. So it seems that it was an initiative of the President, Milo Đukanović, who set out goals to join both NATO and the EU as a way of pivoting the country toward the west. The NATO plan "divided the country" especially since NATO had bombed Montenegro itself in 1999 leading to the deaths of 500 people. It linked to the following Guardian article as well that discusses the NATO ascension and the alleged coup attempt:


    Interesting tidbit in there is that NATO were keen to have Montenegro join as they would then control the Mediterranean coastline from Gibraltar to Syria (you could extend that even further and say they control it from Syria to Kaliningrad)



  • Moderators, Sports Moderators Posts: 26,683 Mod ✭✭✭✭Podge_irl


    I don't really want to drag this further along, but ultimately there is more than enough room for the application to be accepted if it was so wanted. Ukraine cannot get in if they "solve the problem" as ultimately that is not what is stopping them being accepted by all the countries.

    The EU would be a better example of a carefully litigated application and approval process, with their own civil servants to oversee it. NATO is far looser on purpose and is entirely a geopolitical question for the leaders of each country. The reason Ukraine can't join NATO is cause the US among other nations don't want them to at the moment. That's it. Same as was the case 10 years ago, same as will likely be the case in the near future - whether they magically stop themselves being invaded or not isn't going to matter.



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  • Moderators, Sports Moderators Posts: 26,683 Mod ✭✭✭✭Podge_irl


    The Crimea will be a bone of contention in this no matter what. The main language is Russian, the majority of the people there see themselves as Russian, many of which were never too happy to be gifted to the Ukrainian SSR in the 1950's as a token of solidarity in the first place. 

    A majority of Crimea voted for independence of Ukraine in 91.



  • Registered Users Posts: 3,750 ✭✭✭zv2


    “Those who can make you believe absurdities can make you commit atrocities.” — Voltaire



  • Registered Users Posts: 1,997 ✭✭✭rogber


    Well I wouldn't expect you to have a problem with dumb, sensationalist, unfounded rumours being posted for the 400th time given the standard of your own contributions, but some of us would rather people posted either reliable sources for news or none at all.

    Post edited by rogber on


  • Registered Users Posts: 19,191 ✭✭✭✭Tony EH


    @Podge_irl

    A majority of Crimea voted for independence of Ukraine in 91.

    And they overwhelmingly voted for greater autonomy away from Ukraine in 1994 too.

    The main point is that there is no comfortable ethnic through line on the peninsula, but the Crimea is a damn sight more Russian that it has ever been Ukrainian, despite where current international recognitions may stand and I can't see Russia or Russians giving up the ghost there even if they are driven from the Ukraine proper.



  • Registered Users Posts: 1,652 ✭✭✭greenpilot


    Not at all. The simple truth is, we don't know. Ukraine and NATO intelligence assets are incredibly good at keeping their mouths shut with respect to troop movements, Ukranian losses, aviation operations ( the fact that Ukranian aircraft are still allowed to operate is still a mystery to me. I would have thought that their Forward Operating Bases and subsequent support infrastructure would have been vapourised by cruise missles in the first months of the war) and Special Forces operations. Only NATO and Ukranian commanders really know what's going on. Remember, the West began training and establishing NATO compatible secure Data-links just after the 2014 invasion, turning what was essentially a paramilitary organisation into a NATO-spec, asymmetrical fighting force far removed from what the Russians were used to fighting in Syria and elsewhere. I was in Syria in 2010 and 2009 and I can tell you, even then the infrastructure in every aspect was a shambles well before Russia arrived after the Arab Spring. Russia is fighting Nato-lite and Putin should have known this prior to the invasion. He also knows that if things get out of hand, and NATO have to finally step in, then Russias military will he reduced to a token defence force. Everything that is currently flying, driving or sailing outside of mother Russia will be fair game. I certainly would not like to be a sailor in the Black Sea. Special mention goes to the Starlink system that proved to be invaluable, un-hackable, completely modular and independent of a ground-based network and fits in the backpack of any soldier, running on batteries. I'm not a fan of Musk, the person, but he and his engineers knocked it out of the park with this one!



  • Registered Users Posts: 8,922 ✭✭✭GM228


    Yes I understand the rules of interpretation in contracts, treaties and legislation (come to the Legal Discussion thread and you will see that's also an area of my expertise).

    However, the Study on NATO Enlargement is neither a contract, a treaty or a legislative act and so not so strictly construed. It is an accepted framework which establishes the requirements to be met for entrance to NATO, irrespective of how we interpret it, it's hard to get away from the "resolution of such disputes would be a factor in determining whether to invite a state to join the Alliance" stipulation in the Study, it's there for a reason, and a good reason at that.

    there isn't a huge amount of material on the matter, however there is the 1997 US Senate NATO Enlargement debates.

    The Debate on NATO Enlargement, Senate Hearing 105-285 (October 7, 9, 22, 28, 30 and November 5, 1997):-


    Each candidate state is a member of a range of European institutions, including the OSCE and the Council of Europe. The European Union is considering the three countries (and others) as possible candidates for membership, to be formally named at an EU summit in December 1997. NATO and the EU have both required candidate states to settle border and ethnic disputes to qualify for membership.


    To this end, Poland, Hungary and the Czech Republic have signed agreements with neighboring states, and the leading political parties in each of the three countries have given strong evidence of dedication to the settlement of ethnic and border disputes.

    Both NATO and the European Union (EU) emphasized that regional disputes must be resolved prior to entry into either institution. In 1996, Hungary ratified basic treaties with Slovakia and Romania that included provisions on ethnic minority rights and the inviolability of frontiers

    Perhaps the US Senate is also wrong?

    More recently the UK Government's Briefing on Sweden and Finland joining NATO also confirmed that a requirement for joining is to meet the requirements of the Study, as does the NATO fact sheet on the matter:-

    https://researchbriefings.files.parliament.uk/documents/CBP-9574/CBP-9574.pdf

    https://www.nato.int/nato_static_fl2014/assets/pdf/pdf_2016_07/20160627_1607-factsheet-enlargement-eng.pdf

    Post edited by GM228 on


  • Registered Users Posts: 1,026 ✭✭✭gw80




  • Registered Users Posts: 35,978 ✭✭✭✭BorneTobyWilde




    In reality do the people who live in this region that Russia claims want to be part of Russia? Are the people of Lyman celebrating their liberation?



  • Registered Users Posts: 13,715 ✭✭✭✭briany


    @greenpilot

    Russia is fighting Nato-lite and Putin should have known this prior to the invasion.

    He should have, but he didn't. How much of that was down to a failure in military intelligence and how much was down to a failure in Putin's sanity will be another one of those things that can be endlessly picked through in historical military documentaries (presuming we don't all get blown up).



  • Moderators, Sports Moderators Posts: 26,683 Mod ✭✭✭✭Podge_irl


    Perhaps the US Senate is also wrong?

    Considering Cyprus joined the EU in 2004 with an extant territorial dispute, yes they are.

    Ukraine could be invited to join NATO tomorrow without changing any of the "rules" because the only actual rule for expansion is that every current member agrees. Whatever your legal arguments, this is the political reality.

    If any individual country wishes, in their own procedure, to give credence to the Study, that is their business but clearly 10 countries have already either disagreed with your interpretation of it or just decided to ignore it. I would suggest for others its at most a mere cover to hide behind. I ultimately think you are mistaking what is a purely political procedure for a legal one.



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  • Registered Users Posts: 35,978 ✭✭✭✭BorneTobyWilde


    Seems strange that the only people posing for photos in Lyman are Ukrainian soldiers, and no residents are to be seen anywhere.



  • Moderators, Society & Culture Moderators Posts: 16,323 Mod ✭✭✭✭Manic Moran


    I apologize, then, for telling you what you already know.

    However, I would observe two things.

    1) If it's just a framework, and nothing contractual/treaty involved, then there is no hard obligation to follow it. It becomes merely a process, best practice, or a policy, which can be changed as easily as it was written in the first place: Without any formal agreement or ratification.

    2) With respect to the US Senate quotation, I have no doubt that they are correct that such stipulations were emplaced as conditions to entry for the EU and NATO for the countries at the time. However, that is indicative only of a policy position at the time with regards the prospective members of the time, and whilst precedent is instructive, as you know it is not binding.



  • Posts: 0 [Deleted User]


    the Sunday times reported from recaptured regions last Sunday and quoted Ukrainian soldiers who said that many civilians had fled with the Russian army and that they were welcomed by around half of those that were left (actual interviews with soldiers…..not some makey-upper twitter commentary). These regions are part of Ukraine but are contested for a reason….because many support Russia. Not 90 something percent, as in the ‘referendum’ but a sizeable number. If the referendum were completely democratic, would most vote for Ukraine? I don’t think anyone knows the answer to that

    Of course that isn’t to say that Ukraine shouldn’t fight for the territory. They are Ukrainian territory. But it’s naive to think that everyone there will be hugging and kissing the Ukrainian soldiers.



  • Registered Users Posts: 331 ✭✭Slava_Ukraine


    Why would anyone who has lived under the Soviet Union and then had exposure to democracy, with full access to Europe via Schengen, have any desire to be under russian rule?



  • Registered Users Posts: 23,667 ✭✭✭✭Kermit.de.frog


    In the west we get a simplistic narrative that most of the populations in the Eastern and southern regions are committed Ukrainians trapped in an open air prison by the Russians but it's much more complicated than that.

    There'll be some places with mostly Ukrainians and others mostly Russian leaning.

    Probably something like Northern Ireland in 1922. To outsiders who are mostly ignorant it looks simple, a country having part of it's territory stolen and annexed.

    Of course, it's not that simple once you get in to the weeds.



  • Registered Users Posts: 331 ✭✭Slava_Ukraine




  • Registered Users Posts: 8,922 ✭✭✭GM228


    Wasn't Cyprus joining the EU part related to the UNs Annan Plan to try and end the conflict (and obviously it failed to do so)? It certainly wasn't considered the status quo anyway.

    It is also the reason why the EU adopted the Protocol (No. 10) on Cyprus and the Green Line Regulation due to joining as a de facto divided island.

    I never said it was a legal procedure or made any legal arguments to that effect, I acknowledged the Study was the agreed position made by members of NATO and can be changed by concession of all members of NATO and of course that means it is purely political, it is however equally important to note that any change in requirements to be met in joining must be unanimous.

    As noted above I never said it was a legal requirement to join NATO and I never said it was a contract or any sort of treaty requirement, rather as I noted (probably more than once) it was a collectively agreed and published document of the unanimous requirements for membership, any change even for something as simple as policy still requires concession from all states, the requirements for joining NATO are no different, anything else would be contrary to the provisions of the Washington Treaty.

    Post edited by GM228 on


  • Posts: 0 [Deleted User]


    I don’t know. But that is what was reportedly the message from Ukrainian soldiers in the retaken regions.

    Crimea is a good example. People living there know what a democratic life is like…..they’ve seen it close up. But many, see themselves as Russian and want to be part of Russia, and have wanted to be separate from Ukraine previously



  • Registered Users Posts: 1,997 ✭✭✭rogber


    I think you're conflating 2 different things.

    Ukraine IS having part of its territory stolen from it. Hopefully not for long. Nobody but pro Putinists can dispute this.

    But you are right that the populations in the east are very split in their allegiances and the comparison to NI is not without validity. Which is why lasting peace, no matter what happens, is probably a long way off.



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  • Registered Users Posts: 18,524 ✭✭✭✭Strazdas


    The separatists and pro-Putin crowd were utterly stupid to think that their favourite regime violently invading the place and killing their Ukrainian neighbours would ever be any sort of a long term solution to their pro-Russia fantasies. They only need look at what happened to the Sudetenland from 1938 onwards to see that the eventual outcome would probably be disastrous for them.



This discussion has been closed.
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