Mourners carry the body of a father killed by a drone strike in Gaza. Photograph: Getty Images
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Drone attacks go against every human rights principle in the book

There is a sense that international law has failed.

It has for centuries been lawful to kill enemy commanders, on the principle that “a man who is dead renews no war”, a thought that comforted Cromwell as he viewed the body of Charles I. The outcry in the 1970s over comical CIA plots to murder Fidel Castro by sending him exploding cigars and poison pens led Congress to ban political assassinations under Executive Order 12333: “No person employed by or acting on behalf of the United States government shall engage in, or conspire to engage in, assassination.” This comports with the Fifth Amendment to the US constitution, which protects “any person” (not just US citizens) from being “deprived of life . . . without due process of law”.

Until 9/11, the legal position was clear: in war, active combatants could kill and be killed, subject to rules governing surrender, use of banned weapons, etc. But “war law” applied only to conflicts between armed forces of opposing states, invoking the right of self-defence. Confrontations with insurgents, rioters and terrorists were governed by human rights law, which requires state use of force against serious criminals to be reasonable in the circumstances. This is more restrictive – after three IRA bombers were shot dead on Gibraltar in 1988, the European Court held that the UK had denied them the right to life because MI5 had jumped to mistaken conclusions. In the case of known members of terrorist organisations, the “reasonable force” requirement exercises a necessary and humane restraint over the trigger-happiness of “special forces” and drone targeters. This is why the US, Russia and Israel pretend they are bound only by the law of war, which allows suspects to be killed without much compunction.

The states that deploy drones argue that they are operating under war law, where human rights are less relevant. As Harold Koh, legal adviser to the US state department, puts it: “The US is in an armed conflict with al-Qaeda . . . and may use force consistent with its inherent right to self-defence . . . including by targeting persons such as high-level al-Qaeda leaders who are planning to attack us.” This bald statement prompts many questions. How can you have “an armed conflict” without an enemy state? What criteria are used for putting names on the secret death list: is it enough to be sympathetic to terrorism, married to a terrorist, or anti-American? To provide shelter or give funds to terrorist groups? What is the required degree of proof? There are no accountability mechanisms – no inquests, sometimes not even a casualty list (although the US usually announces and celebrates when it hits a “high-value target”).

In drone warfare, there is no fairness or due process to enable the potential victim, his relatives or any outside body to challenge the accuracy of the information on which the targeting decision has been made. The Senate foreign relations committee reported in 2009 that the Pentagon’s approved list of “prioritised targets” contained 367 names and had been expanded to include 50 Afghan drug lords suspected of donating money to the Taliban. Suppose the suspicion was unreasonable, or the donation had been at gunpoint, or of a negligible amount? What the Pentagon is doing is secretly sentencing people to death for an unproven crime.

The Israeli Supreme Court is the only tribunal to have confronted the legality of targeted kill­ing, at a time (2008) when 234 victims had been members of Hamas and a further 153 had been civilians who got in the way. The court contented itself with comments about limiting the targets to dangerous terrorists and issued Polonius-like precautionary precepts: “well-based information is needed”; “innocent civilians are not to be harmed”; “careful verification is needed before an attack is made”. In reality, innocent civilians very often are killed, and “verification” always seems careful to the minds of the targeters.

Israeli officials seem morally content to risk civilian lives: after a one-tonne bomb was dropped on Gaza City in 2002, killing many civilians in order to assassinate the Hamas military leader Salah Shehadeh, an inquiry merely noted “shortcomings” in evaluation of information. This was a case of manslaughter by gross negligence. The CIA’s anxiety to kill the al-Qaeda leader Ayman al-Zawahiri led to a drone attack in 2006 on a village in Pakistan where he was mistakenly thought to be hiding, and 18 civ­ilians were killed. There was no explanation, no accountability and no compensation for what the CIA calls a “decapitation strike”.

Koh says that drone strikes are an exercise in self-defence under Article 51 of the UN Charter. But Article 51 applies only to attacks (or imminent attacks) by other states, not by terrorist groups. Nobody has yet noticed the irony of squeezing terrorism into this war-law paradigm. Because the Geneva Conventions and customary rights must apply to terrorist and law enfor­cer alike, if it is lawful to kill Osama Bin Laden, al-Zawahiri and Hamas commanders, then it must be lawful for them to kill their opposite numbers – Barack Obama and Binyamin Netan­yahu, generals, allies. (Even the Queen, as head of a co-belligerent state, may qualify.) Those who take the lives of innocent civilians in order to spread terror deserve to be treated like dangerous criminals and shot down when necessity requires, not dignified in law as if they were warriors matched in combat with great states.
What is the position under human rights law? It would obviously be a breach of the right to life if terrorist sympathisers were targeted to deter others, or killed in circumstances where it was possible to arrest them. It would be reasonable to kill terrorists on missions to blow up civilians, or engaged in conspiracies to kill them. But the record of drone attacks demonstrates that often individuals are targeted when they constitute no clear or present danger.

Drone killings in tribal areas of Pakistan and in Yemen have taken the lives of targets who are armed and in conspiratorial meetings, but others have merely been attending weddings or funerals or emerging from hospitals or mosques. In Pakistan, there have been cases where pro-government leaders, their families and even army soldiers have been killed by mistake in drone attacks that have severely damaged US relations with a politically tense, nuclear-armed nation that is not at war with the US.

There was little protest in the US until last year, when a drone strike in Yemen targeted a US citizen, Anwar al-Awlaki, rumoured to be al-Qaeda’s leader in that area. The rockets were fired at his pick-up truck, in which he might have been picked up rather than bombed. Obama’s lawyers said that the Fifth Amendment could not avail a US citizen who joined an enemy force. This is correct as far as it goes, but the Fifth Amendment must entitle a citizen or his family to know whether he is on a death list and to apply to have himself taken off it. When al-Awlaki’s father sought judicial review, the judge told him he did not have standing. If a father does not have standing to challenge a targeted killing, who does?

The Obama administration seems to have given the CIA carte blanche to choose targets, subject to the approval of Koh, a law professor, now an executioner. Those who press the Hellfire buttons in Nevada do not pause to consider whether their targets are engaged in combatant missions or not. But there is no point speculating about the criteria for listing or executing: these are secret CIA prerogatives, beyond the jurisdiction of the courts or the provisions of the Freedom of Information Act.

The battlefield utility of drone technology is such that it will be used widely in future conflicts, and by states much less scrupulous than the US and Israel (Syria and Iran, for example). Drones will become more compact, and more difficult to detect or shoot down – already there are plans for bird- and even insect-sized drones, capable of crawling inside homes or squatting on window ledges to listen and send “kill” messages to their bigger brethren without any “pilot” in Nevada pressing a button.

There is an urgent need for the US to make its drone operations more principled, first, by moving responsibility from the CIA to the department of defence, which is more accountable and bound by the Geneva Conventions. Second, there must be transparency in respect of both the target list and criteria for listing, and an opportunity for those listed to surrender or seek judicial review of whether the evidence against them proves they are an active combatant. Third, rules of engagement must exclude any killing if civilians are likely to be present, and finally, rules must prevent killing of a target who can be captured or arrested.

There is a sense that international law has failed: the UN Charter, the conventions and the norms of the courts have not provided satisfactory guidance for waging asymmetric warfare. Hence the silence of states and the recent earnest request, by the UN’s human rights commissioner, for urgent clarification of the law. The way forward may be to find a way back, to reasonable force and proportionality. At present, many drone killings can only be described as summary executions – the punishment of the Red Queen (“sentence first, trial later”), which denies the right to life, the presumption of innocence and the right to a fair trial.

Geoffrey Robertson QC’s full legal analysis of drone warfare is in his fourth edition of “Crimes Against Humanity” (Penguin, September 2012). Also in the New Statesman's Drones issue: Chris Woods on the legality of drones, Jemima Khan's interview with former Pakistani president Pervez Musharraf and Michael Brooks on the science that makes drones work

This article first appeared in the 18 June 2012 issue of the New Statesman, Drones: video game warfare

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How Vladimir Putin lost Ukraine

Putin’s war cost Russia its centuries-long shared identity with its neighbour. Now, Kyiv risks betraying the spirit of the Maidan revolution.

When the Russian inquest finally comes, the answer will be clear. It was President Vladimir Putin who lost Ukraine – after a millennium of shared east Slav identity. When the Ukrainian inquest into who lost the ­Euromaidan’s “Revolution of Dignity” finally comes, the answer, on the present evidence, will also be clear. It was an elite core of politicians and oligarchs who first worked a miracle in fighting Russia’s military Goliath to a stalemate – only to revert to kleptocratic business as usual when the acute threat eased.

Ukrainians’ consolidation of a distinct national identity after centuries of being regarded as a fuzzy subset of the dominant Russians – and after a quarter-century of independence – began in February 2014. It sounds banal to say that when one nation attacks a neighbour, especially if the two have regarded each other as brothers for a thousand years, the victims feel aggrieved and pull together against the attacker. But this is what happened when Putin launched his undeclared war on Ukraine, sent hooded “little green men” to take over Crimea’s regional parliament by intimidation, and then annexed the peninsula. The mutation of this early tactical success into strategic failure is best traced by reviewing the players and the dynamics as Ukraine held off Russia and crystallised its singular new identity.

On the Russian side only one actor matters: Putin. When the old Soviet Union split apart in 1991, its kleptocracy was replicated in its two biggest east Slav successor states. By 2015 Russia ranked a joint 119th out of 167 countries on Transparency International’s Corruption Perceptions Index. Ukraine was 130th. A Wild East capitalism prevailed, in which emergent oligarchs carved up the state’s wealth through murky privatisation deals. But there was one main political difference between the two countries. Putin quickly restored the primacy of politicians over Russian tycoons after he became president. In Ukraine, oligarchs were able to use their new wealth to dominate politics.

When Putin suddenly broke out from Europe’s seven-decade peace order in February 2014, Western policymakers asked the diminished number of Kremlinologists in their midst why he was acting this way. Some, such as Dmitry Gorenburg, an associate at Harvard’s Davis Centre for Russian and Eurasian Studies and a military analyst, pointed to fear as the Russian president’s root instinct. Putin has shown little interest in economics; he has not worried about looming inflation or capital flight, or Russia’s distorting reliance on oil and gas revenues. What he was afraid of, it seemed, was unchecked democratic contagion: as transmitted from Poles in the 1980s to restive East Germans and then Czechs in 1989, to Ukrainians in the mid-2000s, and even on to Muscovites in 2011/12 before Putin managed to stop their street protests.

This analysis is plausible. In 1989, as a young officer of the Soviet Committee for State Security, Putin was serving with the KGB’s Dresden outpost. He saw the Berlin Wall fall – overnight, under the press of East Berliners who mistakenly thought it had been officially opened. He later faulted the then Soviet Communist Party chief, Mikhail Gorbachev, for failing to intervene militarily when the wall crumbled, or when protesters stormed the Stasi headquarters across the street from his office to halt the incineration of incriminating files by East Germany’s adjunct of the KGB. He watched Moscow’s 20 top divisions, which encircled Berlin for half a century after the glorious Soviet victory over Hitler in 1945, retreat ingloriously a thousand miles to the east.

Putin further witnessed the swift break­away of Moscow’s external empire, in the stampede of the freed central Europeans, from Estonia to Romania, to join the European Union and Nato, and the 1991 break-up of Moscow’s internal Soviet empire. He called the collapse of the Soviet Union the “greatest geopolitical catastrophe” of the 20th century. And as late as 2008 – 17 years after more than 92 per cent of Ukrainian citizens, including the 21 per cent ethnic Russian minority, had voted for independence – he told President George W Bush, “You have to understand, George, that Ukraine is not even a country.”

***

Most agonising of all, in his first term as Russia’s president in the 21st century, Putin had to listen to American triumphalism about the series of pro-democracy “colour revolutions” in the streets of ex-communist Serbia in 2000, Georgia in 2003 and Ukraine in 2004. For him, as a career secret policeman, these revolutions represented no broad social yearning for “dignity”, as the Polish Solidarity leader Lech Walesa first phrased it. Rather, it was an inexplicable victory by American CIA manipulations – in what was Moscow’s own sphere of influence, by right – over the manipulations of Russia’s FSB, successor to the Soviet KGB.

The uprising that aroused the most angst in the Kremlin was the Orange Revolution on Kyiv’s main square, or maidan, where protesters demanded and won a repeat of the 2004 election after blatant vote-rigging in favour of the then prime minister, Viktor Yanukovych, the pro-Russian heir apparent to the Ukrainian presidency. It was bad enough for Moscow when the west Slavs in Poland and Czechoslovakia instantly ditched their Slavic identity for a European one in the 1990s: Poland uprooted systemic corruption, built robust democratic and judicial institutions, and went from having a poverty rate that matched Ukraine’s to a per capita GDP three times the size of its neighbour’s today. It was devastating when the Little Russians, too, began to do so, rejecting Yanukovych and Russia’s network of control in the rerun of the vote in 2004.

In the event, Putin need not have worried. The Orange Revolution self-destructed in the fratricide between its two top leaders, who forfeited leadership to Yanukovych in the reasonably fair 2010 election.

On the Ukrainian side of the 2014 Euromaidan revolution, four figures stand out. The two chief rivals are the Ukrainian president, Petro Poroshenko (worth $979m, and number six on Novoye Vremya magazine’s 2015 list of the richest Ukrainians), and the then governor of Dnipropet­rovsk in central Ukraine, Ihor Kolomoyskyi (number two on the list, at $1.9bn).

Poroshenko was a second-tier oligarch who had served briefly as foreign minister in the Orange Revolution government and as minister for trade and economic development under Yanukovych in 2012. He helped fund the pro-Europe, anti-corruption protest against Yanukovych’s authoritarian rule from the movement’s spontaneous inception in November 2013, and his TV news outlet Channel 5 gave full coverage to the three-month agora and its estimated one million participants.

After Yanukovych finally sent his special police to suppress the protest by killing dozens of the demonstrators in late February, the Ukrainian president’s own Party of Regions deserted him. He absconded to Russia overnight with an estimated personal fortune of $12bn, amassed in four years in office. Parliament, by a majority that suddenly included the Party of Regions, appointed an interim president and government and set presidential elections for May 2014. The “Chocolate King”, as Poroshenko was nicknamed for his confectionery empire, was duly elected president of the new Ukraine with a 54 per cent majority.

Kolomoyskyi, who also holds Israeli and Cypriot citizenship, was called back to Ukraine from his Swiss residence by the improvised government just as Russia was annexing Crimea. He was appointed governor of his own regional stronghold of Dnipropetrovsk with a mandate to mount a defence against the Russia-stoked secession brewing in neighbouring eastern Ukraine. Kolomoyskyi was famed for his hostile takeovers of rival banks as well as oil, media and other firms. He quickly raised and underwrote several militias among the 40 to 50 volunteer battalions that sprang up to fight against westward spread of the start-up separatist Donetsk (DPR) and Luhansk (LPR) People’s Republics. These battalions were instrumental in holding the line against separatist/Russian forces and giving the Ukrainian state time to rebuild the army that Yanukovych had bled of its budget.

Two oligarchs who did not cast their lot in with post-Euromaidan Ukraine were Rinat Akhmetov (at $4.5bn still the richest Ukrainian, even after losing more than half of his wealth over the past year) and Dmytro Firtash, whose net worth has fallen to $1bn. Both had been leading supporters of Yanukovych and his party, and since his departure they have hedged their bets between Kyiv and Moscow. Their recent losses have resulted partly from a redistribution of their wealth to other oligarchs.

Akhmetov, the son of a coal miner who rose to become the “godfather” of the Donetsk clan – and the owner of Shakhtar Donetsk football club – has his coal and iron base in the war-ravaged Don Basin (Donbas) and relies on Moscow’s goodwill there. Firtash, who under President Yanukovych controlled the lucrative distribution of Russian gas through Ukrainian pipelines to Europe, is also dependent on Russia. In spring 2014, he asked the Russian oligarch Vasily Anisimov to pay a record Austrian bail of €125m ($141m) in cash to get him out of jail. Under the bail terms, Firtash is barred from leaving Austria as he awaits the final legal decision on a US extradition request on charges of international bribery. Yet from Vienna he still wields his political clout, funds several Ukrainian parties across the political spectrum and, it is widely reported, brokered a division of power between Poroshenko and Vitaly Klitschko in the run-up to the May 2014 presidential election, in which Klitschko stood down as a candidate. (The former world heavyweight boxing champion is now mayor of Kyiv.)

***

Putin no doubt saw his annexation of Crimea – and his follow-on campaign to reconquer Catherine the Great’s “Novorossiya”, comprising the eastern 40 per cent of today’s Ukraine – as compensation for the abrupt downfall of his acolyte Yanukovych, and thus the end of Russia’s rightful suzerainty over all of Ukraine. Europeans, Americans and Ukrainians, on the contrary, saw the first formal takeover of a neighbour’s land in Europe since the Second World War as Putin’s return to a 19th-century concept of “might makes right”, as well as a violation of international law and treaties Moscow had signed to respect Ukrainian borders.

The West was cautious in reacting. It baulked at getting sucked into another intervention in a theatre of complicated logistics and little geopolitical interest. It knew as well as Putin did that Moscow enjoys escalation dominance in its home region by virtue of geography, its claim to a vital interest in Ukraine that the West lacks, and the Russian president’s willpower in a world of European peace and US exhaustion. It had no desire to put Putin’s repeated brandishing of his nuclear weapons to the test over a second-order confrontation. The West therefore responded by imposing financial rather than military sanctions, which Putin prematurely scorned as a pinprick.

In addition, Putin misread Ukraine’s military resilience. Easy success in Crimea – and strong domestic approval of his boasts that he was restoring Russia’s greatness in the world – emboldened him to probe further in eastern Ukraine. Ukraine’s ragtag army had put up no resistance in Crimea, for three reasons. First, years of embezzlement of defence budgets had left it with only 6,000 combat-ready soldiers and with two-decade-old weapons. Second, it was subverted by the many Ukrainian officers who were loyal to Moscow rather than Kyiv. Finally, there was Ukrainians’ sheer disbelief – despite Stalin’s mass starvation of Ukrainian peasants in the 1930s – that Russians would actually shoot at their proclaimed younger brothers.

Putin expected an equally cost-free operation in the Donbas. He seemed to believe his own propaganda that disgruntled Russian-speaking citizens of eastern Ukraine were Russians manqués and would rush to rebel against Kyiv, if only the charge were led by a few Russian commandos. Eastern Ukraine was, after all, the part of the country in which identity was most blurred; easterners paid little attention to differences between Ukrainians and Russians in everyday life, and most had cousins in both Russia and western Ukraine. In a way, the region was the ideal test of Putin’s construct of a unifying goal to fill the vacuum left after futurist communist ideology evaporated. The campaign was first presented as Putin’s dream of a Eurasian Union, but that was dropped once it became clear that Ukraine would not be a part of it. Thereafter it was repackaged as gathering in fellow ethnics left outside the “Russian world” by the Soviet collapse, and then as retaking the tsarist Novorossiya.

At first, the Russian-backed secessionists took quick control over roughly two-thirds of the Donetsk and Luhansk oblasts, or provinces. Putin, however, overestimated the warrior zeal of the easterners and the usual gripes of any province about the meagre payouts it gets from central government. In the early days, the local people warmed to the promises of higher pensions made by the separatists. And grandmothers visibly enjoyed acting as civilian shields by surrounding local administration buildings that were occupied by separatists and preventing Ukrainian soldiers from reclaiming the offices. But as the novelty wore off and the hardship of war increased, Moscow and the secessionists it sponsored increasingly had to rely on a motley band of mercenaries and Donbas criminal gangs that did well in firefights only when they were assisted by Russian “volunteers” and armed with the heavy weapons the Russians were shuttling across the border.

In purely military terms, Putin probably could have escalated in the spring of 2014 from the kind of limited, disguised and therefore deniable warfare that the West calls “hybrid”, replacing the hooded “little green men” with regular Russian soldiers in marked uniforms in an all-out invasion of the Novorossiya oblasts. That was certainly the Russian president’s threat in massing 80,000 troops on the northern, eastern and southern borders of Ukraine and exercising them on high alert.

As late as September 2014 Putin boasted to President Poroshenko that if he so desired, “Russian troops could be in Kyiv within two days – and also in Riga, Vilnius, Tallinn, Warsaw, or Bucharest.” But he did not invade when Ukraine’s provisional government was still shaky – and still reeling under the Russian show of force.

Three reasons for Putin’s decision not to order an invasion in spring 2014 might be inferred. The first was a tactical reduction of his bellicosity at a time when the European Union was still debating financial sanctions on Russia for annexing Crimea. The second was the weakness of the novice Ukrainian government, which could foreseeably have collapsed and left Kyiv with a political vacuum the Russians could fill without firing a shot. The third was perhaps a premonition in the Russian army that it was being overstretched and that an occupation of its neighbour, given Ukraine’s strong military tradition, might turn into a quagmire of messy guerrilla warfare.

Putin’s military threats to Ukraine were counterproductive and stoked Ukrainian anger. In May 2014 a Pew survey found that 77 per cent of Ukrainians, including 70 per cent of those living in eastern Ukraine outside the Donbas war zone, thought that their country should remain united instead of breaking up. And in early July, even before the shooting down of the Malaysian Airlines MH17 civilian jet by a Russian-made Buk missile fired from insurgent territory, Pew reported that 60 per cent of Ukrainians had a general negative view of Russia. It was a sharp reversal from 2011, when 84 per cent of Ukrainians had viewed Russia positively.

The Euromaidan spirit drew in ever more Ukrainians who had been politically passive. Volunteers flocked to enlist in the army, in the revived National Guard and in the private militias raised and paid for by Kolomoyskyi and other oligarchs. Civilian volunteers cooked and delivered food to recruits. Techies designed and built their own surveillance drones from scratch to observe border areas that Ukraine no longer controlled.

Ukrainian veterans who had once formed the backbone of the Soviet army’s rough equivalent of Western non-commissioned officers, together with local Afgantsy – veterans of the Soviet army’s doomed expedition in Afghanistan in the 1980s – gave the rookies accelerated basic training. Weapons factories in Ukraine that had once supplied the Soviet army managed to repair 20-year-old tanks and build new ones even as the battles raged. And morale was vastly better on the side of Ukrainian defenders against a threat to their very existence than it was among opportunistic rebel mercenaries and criminal gangs. By mid-August 2014, Ukrainian troops had recaptured most of the rebel territory and reduced the Donetsk and Luhansk People’s Republics to two small pockets.

That was too much for Putin. At the end of August, he signalled his red line in the sand: he would not let his proxies be defeated. He sent elite airborne troops into the Donbas to mount a counteroffensive alongside separatist/Russian ground forces armed with Russian heavy weapons. Within days, they broke the Ukrainian siege and restored the secessionists’ control of about half of the territory that the DPR and LPR had ruled at their height.

President Poroshenko understood the message and immediately proposed a truce, and the German chancellor, Angela Merkel, brokered the Minsk ceasefire of 5 September. The shaky agreement at least reduced the scale of violence for five months, until the separatist/Russian forces made a fresh effort to break through strengthened Ukrainian lines in January and February of 2015 – and failed. A further shaky “Minsk-2” truce followed. But on 1 September 2015 the heavy guns abruptly fell silent and, for the most part, remained silent. For the first time in a year, overjoyed babushkas in the separatist Donbas enclave could walk across the front lines to reach Ukrainian-held towns seven kilometres away and buy salo (pork rind), butter and eggs at far cheaper prices. They returned to tell journalists that their greatest wish was simply for the fighting to stop.

***

At the end of September Putin opened a front in Syria, and reportedly redeployed some special forces from Ukraine to the new battlefield. Ukraine dropped off Russian TV bulletins. The war there had
caused 8,000 deaths and forced 2.4 million people from their homes. It was clear that Putin was belatedly acknowledging that the war also had strategic costs for Russia.

He had first lost all of Ukraine, with the exception of Crimea, to the Euromaidan that he despised. He had failed to salvage Novorossiya for Russia. He had failed, too, to maintain the shelled and charred Donbas region in any form he wanted to annex or subsidise – and keeping it as a zone of frozen conflict for future mischief-making wasn’t much of a consolation prize. He had provoked the West into resuscitating Nato and imposing sanctions that damaged the Russian economy. He had alarmed Belarus, Kazakhstan and Turkmenistan into distancing themselves somewhat from Moscow.

Moreover, the Russian war in Ukraine raised the spectre of the failed Soviet invasion of Afghanistan that killed 15,000 Soviet soldiers in the 1980s and gave birth to the Russian Committee of Soldiers’ Mothers, which tries to ferret out facts about their dead sons. Last May, after many inquiries by the committee about Russian casualties in Ukraine, the Duma passed legislation banning the spread of information about Russian casualties across the border. In this context, it seemed unlikely that Putin would risk incurring a rise in Russian deaths by resuming heavy fighting in Ukraine.

This appraisal, however, takes the pressure off the Ukrainian oligarchs to grow beyond the robber-baron stage and become patriotic philanthropists. On the present evidence, they no longer sense much urgency with regard to implementing reform legislation, installing the rule of law, building democratic institutions and rooting out kleptocracy as opposed to exploiting it.

Putin has surely lost Ukraine. The Ukrainian oligarchs have not yet surely lost their own country. But how ironic it will be if he manages to melt their urgency into complacency by easing the pressure on Ukraine, thus paving the way for that final loss of the Revolution of Dignity. It would give the last laugh to Georgy Arbatov, the Kremlin’s leading Americanist who prophesied as the Cold War ended: “We are going to do to you the worst thing we possibly could – we are going to take your enemy away.”

Elizabeth Pond is based in Berlin and is the author of several books about Germany, Europe and the Balkans. They include “Beyond the Wall: Germany’s Road to Unification” (Brookings Institution)

This article first appeared in the 05 February 2015 issue of the New Statesman, Putin's war