By Eric Vandenbroeck and co-workers
Why Peace Talks Fail in Ukraine
It has been nearly
three months since U.S. President Donald Trump launched a major effort to bring
the war in Ukraine to an end. The diplomatic exchanges that followed have yet
to produce meaningful results. In Russian President Vladimir Putin, Trump faces
a crafty, experienced adversary who hopes to capitalize on the American
president’s impatience with the war to coerce Ukraine into signing away what
the Russians have failed to win by force on the battlefield.
There is no reason to
think that Trump will acquiesce to Putin’s list of demands. He has repeatedly
voiced frustration with the lack of progress in the talks and has threatened to
walk away, as Russia continues to creep forward, inch by bloody inch, in a long
war of attrition with no end in sight.
Amid all the recent
proposals and counterproposals, threats and counterthreats, reexamining the
last real attempt to bring this war to a negotiated end can help inform the
current effort. In the war’s first weeks and which, by the end of March 2022,
had produced the so-called Istanbul Communiqué,
a framework for a settlement. The core bargain in the framework would have
entailed Ukraine embracing permanent neutrality, foreclosing its possible
membership in NATO, in return for ironclad security guarantees. The sides
failed to finalize the deal in the subsequent months, and the war has now
entered its fourth year.
With talks once again
underway after a three-year hiatus, it is a good time to review the lessons of
Istanbul and assess what can be learned from that process for the present
diplomatic effort. Of course, much has changed in the intervening period, so the
Istanbul framework itself is unlikely to be the starting point for the current
talks. But that attempt offers broader lessons that can inform today’s
negotiations.
The primary
imperative for both sides in any agreement will be ensuring their long-term
security. All parties whose interests are at stake in the negotiations need to
be at the table; if they are not present, they could undermine any agreements.
The lack of Western willingness to provide Ukraine security guarantees has been
a major challenge to reaching a settlement; it remains an impediment. A
belligerent’s optimism about its battlefield prospects can also diminish its
interest in making a deal. And finally, the humdrum mechanics of a cease-fire
are no less crucial than the high politics of agreeing on the postwar order.
Both must be pursued simultaneously if the parties expect to bring this bloody,
grinding war to a stop.
Far Horizon
No durable peace deal
will be possible that does not address Ukraine’s and Russia’s fears about each
other over the long term. As they did in Istanbul in 2022, both sides still
prioritize these national security concerns. Other issues, such as the status
of disputed territory, sanctions relief for Russia, and the funding of postwar
economic reconstruction in Ukraine, are important but fundamentally secondary.
In Istanbul, both countries prioritized addressing postwar security over all
else. The Kremlin insisted on Ukraine renouncing NATO membership, never hosting
foreign forces or exercises involving foreign forces on its territory, and
accepting some limits on the size and structure of its military. Kyiv, for its
part, wanted no restrictive caps on its forces and was focused on obtaining
security guarantees from its Western partners, and the implicit acceptance by the
Kremlin that these powers would come to Ukraine’s defense were Moscow to once
again launch an attack.
These future security
concerns remain the key issue for today. The Ukrainians fear that unless they
can defend themselves and guarantees from Western powers, any ostensible peace
deal will merely set up a future Russian invasion. The Russians fear that a
well-armed Ukraine can attempt to reclaim any Ukrainian territory that Moscow
still occupies. And the Kremlin worries about the prospect—however unlikely it
might seem now—of Ukraine’s eventual membership in NATO, and the long-term
security implications of such a development. Although the Trump administration
is ruling out membership, that offers little comfort to Moscow—a future
administration could reverse course.
This focus on
ensuring security after the end of the war shapes both sides’ military behavior
and bargaining positions. The current talks must address these threat
perceptions to maximize chances of success. At the moment, other issues,
particularly the question of territorial control and the recognition of
Russia’s illegal annexations, appear to have taken the fore. Leaked versions of
U.S. peace proposals, for instance, refer to Washington providing “de
jure recognition” of Crimea as part of Russia and “de facto recognition”
of the other Russian-occupied territories. But focusing on territory distracts
from the primary security agenda. Russia did fine without any country formally
recognizing its occupation of Crimea since the territory’s March 2014
annexation, and it can survive perfectly well without such recognition
going forward. And it is unnecessary to declare “de facto recognition” of other
areas because recognition is a legal act; it’s either de jure or it’s not.
Indeed, regardless of how any outside party views their territorial claims,
neither Russia nor Ukraine is likely to surrender territory they currently
hold. The realities of war, not of the negotiating table, will determine
territorial control.
Although the Kremlin
is not averse to legitimizing its conquests, and the Ukrainians would certainly
be happy to regain territories they have lost to Russia, Istanbul demonstrated
that the status of the Russian-occupied territories in Ukraine will
not be as important an element in the negotiations as it is sometimes made out
to be. Indeed, in Istanbul, the talks deliberately skirted the question of
borders and territory. Although important, the issue was and remains secondary
to core security concerns.
All Seated at the Table
Successful
negotiations must include all relevant parties. If a state’s equities are on
the table in a given negotiation, that state must be at the table from the
start of the process. Kyiv’s backers often insist that it cannot be sidelined
in any diplomatic resolution of the conflict. They repeat the slogan “Nothing
about Ukraine without Ukraine.” But Istanbul demonstrated that this slogan is
not exclusive to Ukraine. The discussions in Istanbul excluded the major powers
of the West—the United States, the United Kingdom, Germany, and others—even as
Russia and Ukraine negotiated issues relating to these countries and their
obligations.
For example, Ukraine
did not consult with the United States and other Western countries until after
the Istanbul Communiqué had been issued. That exclusion was largely a function
of exigency:
Russian forces were
on the outskirts of Kyiv, so negotiators had no time for multilateral
diplomacy. But the lack of Western involvement in the talks made Western
officials averse to embracing the communiqué, regardless of its merits. They
might have said, “Nothing about the West without the West.”
In short, agreements
written without all those affected present at the creation are unlikely to
succeed. The mediators today will find it much easier to steer the war toward
negotiations if all the parties—including the Ukrainians and the Europeans—are
involved from day one.
There are practical
reasons for taking an inclusive approach. If the United States and Europe
worked together, rather than at cross-purposes as they seem to be today, to
deliver a viable peace, Putin would have had less scope for what Trump has
described as “tapping me along,” that is, stringing him along by prolonging the
talks. The Europeans would also be less inclined to throw a spanner into the
peace process as they have done, for instance, by refusing to discuss sanctions
relief or by trumping up their plans to send ground troops to Ukraine.
Commitment, not Kabuki
Istanbul demonstrated
that when push came to shove, Ukraine’s Western backers were unwilling to give
Kyiv the guarantee that it believed to be essential for its security. Indeed, Western
governments distanced themselves from the Istanbul Communiqué not only because
they were not involved in the underlying negotiations but also because the
security guarantee described in the document went far beyond what Washington
and allied capitals were willing to provide. The Istanbul framework would have
obliged the United States and its allies to defend Ukraine if it were attacked
again—in language much more concrete (including, for instance, a stipulation
about the imposition of a no-fly zone) than that contained in Article 5 of the
North Atlantic Treaty, the collective defense clause in NATO’s charter.
Three years on, the
aversion to direct military entanglement still shadows the Western approach to
Ukraine. It has, for example, become clear that the Trump administration is
unwilling to offer security guarantees. But Trump is just continuing a policy he
inherited—after all, the Biden administration didn’t make such an offer,
either. Even the Europeans have not been willing to offer an explicit security
guarantee. Western powers are unwilling to intervene now, and it remains
unclear whether they would be eager to do so if Russia were to reinvade after a
future cease-fire.
Debates about the
prospect of European boots on the ground in Ukraine sidestep that fundamental
question, which has been unanswered since Istanbul. Indeed, guarantees would
not necessarily require the presence of Western forces in Ukraine (and Russia
is unlikely to agree to such a scheme, in any case). Rather than discussing the
possibility of deploying forces to Ukraine after a future hypothetical
cease-fire, European governments should answer the first-order question about
their willingness to offer real guarantees to Kyiv. Deploying forces to Ukraine
without a guarantee would be political theater, not a genuine commitment.
The Calculus of the Battlefield
Just as it did in
2022, the calculus of the battlefield looms large over the negotiating table.
What concessions each side makes ultimately depends on how they perceive the
costs of procrastination. If the Russians believe that the war is going well
for them and that Trump will eventually just leave Ukraine and the Europeans to
fend for themselves, then they will put more emphasis on military action. If
the Kremlin concludes that the failure of peace talks is likely to dim its
longer-term war prospects, then Moscow will show a greater eagerness to
negotiate.
Facing longer odds on
the battlefield at the moment, the Ukrainians are ready to negotiate. If,
however, their situation improves, they, too, may conclude that military action
would serve their purposes better than talking to the Russians. This is what happened
after Istanbul in 2022. The talks collapsed in part because after the Russians
were beaten back near Kyiv, Ukrainian President Volodymyr Zelensky decided that
he could avoid painful concessions and press ahead on the battlefield.
The United States has
a lot of leverage to influence each side’s perceptions of the pros and cons of
negotiations. Washington should use it wisely to make a negotiated outcome more
attractive than the prolonging of the fighting. This would require a careful
calibration of U.S. military aid to make it clear to both Moscow and Kyiv that
the United States is committed to preserving Ukraine’s sovereignty and
preventing a Russian victory, but not to assisting Ukraine in restoring its
internationally recognized borders. The United States should also work
with its European allies so that they line up behind the same goals. By
inducing a stalemate, such a policy would make talks more attractive than
continued fighting for both sides.
Two Fronts
To succeed,
negotiations must address the process through which fighting will come to an
end, as well as how the contours of the postwar security order will
be delineated. In Istanbul in 2022, Ukrainian and Russian negotiators focused
almost exclusively on the latter. With admirable ambition, the sides sought to
bridge major geopolitical disputes—the question of NATO enlargement, Ukraine’s
role in European security, U.S. security commitments in the post-Soviet space,
and so on—that had eluded diplomatic compromise for decades. The communiqué was
silent on the more mundane question of how to reach a cessation of hostilities.
But without an agreed path to end the fighting, the talks on a settlement were
increasingly disconnected from the military realities of an intensifying war.
Eventually, this disconnect made the negotiations politically untenable.
At the start of his
push to end the war this year, Trump seemed to prioritize a cease-fire
exclusively. As he put it following his blowup with Zelensky in the Oval Office
on February 28, “I want [the war] to end immediately... I want a cease-fire
now.”
His administration
subsequently called for an unconditional 30-day cease-fire, a position that
Zelensky embraced but Putin rejected. Then, during meetings with the two sides
in Riyadh in March, Washington pushed for a phased approach, aiming for one
deal that banned strikes on energy infrastructure and another that barred
attacks on civilian shipping in the Black Sea.
Those deals were
never completed. Indeed, in recent weeks, the administration appears to have
abandoned efforts to hash out a cessation of hostilities altogether and instead
pivoted to a discussion of the terms of a final settlement. During meetings in
Paris and then London in April with Ukrainian and European representatives, the
U.S. team presented a multipoint peace plan covering many of the most
contentious issues, ranging from ruling out Kyiv’s NATO bid to offering U.S.
recognition of Russia’s annexation of
Crimea. This effort
at a grand bargain also appears to have made little progress. Meanwhile, the
war rages on.
The Istanbul talks, as well as Trump’s current
struggles, suggest that parallel discussions of both the mechanics of the
cease-fire and the elements of a political settlement will be needed to
conclude either. To progress in one of these tracks, Ukraine and Russia will need
to progress on both of them at the same time.
A Possible Thaw
The 2022 negotiations
serve as a reminder that Putin and Zelensky are capable of entertaining
significant concessions. Both men have gained a reputation for maximalism in
the past three years. But Istanbul showed that they could be open to the kind
of politically risky compromises necessary for peace.
In 2022, Putin was
willing to engage in a diplomatic process on the status of Crimea, and to at
least entertain the possibility that the United States would intervene in
Ukraine were Russia to invade again. He also notably agreed to Ukraine’s
ambition to seek membership in the European Union. Zelensky, for his part, was
willing to forgo NATO membership, embracing permanent neutrality, and even
openly called for direct talks with Putin to complete the deal.
It is therefore
unwise to take their current publicly stated positions as bottom lines. Such
positions are often just an opening offer. Each side is naturally interested in
creating the impression that its positions are nonnegotiable. The bargaining
comes in the process. A peace agreement may prove very difficult, perhaps
impossible, to attain. But as the 2022 talks demonstrated, failed negotiations
could augur many more years of war.
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