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                                                                                                           207
                                                                                                            no.
    The Ukraine Conflict: Pathways to Peace

                                       Ajay Bisaria and Ankita Dutta

                                                       JANUARY 2023
© 2023 Observer Research Foundation. All rights reserved. No part of this publication may be reproduced, copied, archived, retained or transmitted through
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Abstract

N
                ow in its twelfth month, the Ukraine
                crisis is caught in a protracted winter
                of war rather than one of frozen
                hostility or attempted peace. Most        for ‘strategic accommodation’ through creative
                prognoses point towards continuing        peace diplomacy? Do the theory and history of
military action instead of dialogue in the near term.     conflict resolution offer any pointers? This report
This is primarily because Russia and Ukraine have         examines the available options should the path of
made their maximalist positions clear. But is the         diplomacy open up.
door to dialogue completely shut, or is there room

                                                     2
Introduction

T
                he Ukraine crisis, now in its twelfth
                month, is caught in a prolonged
                winter of war rather than one of            The second was Russian President Vladimir
                frozen hostility or attempted peace.    Putin’s address at the meeting of Russia’s Defence
                Two developments in December            Ministry Board, where he doubled down on the
2022 underscored this reality. First, Ukrainian         commitment to provide the country’s armed
President Volodymyr Zelenskyy’s visit to the US,        forces with the latest weapon systems while
where he set a high bar for an end to the conflict      “maintaining and improving the combat readiness
in an impassioned address to the US Congress:           of the nuclear triad” and continuing “the special
“just peace is no compromises as to the sovereignty,    military operation” as the key priority of 2023
freedom, and territorial integrity of my country,       “until its goals are achieved in full.”3 Battlefield
the payback for all the damages inflicted by Russian    developments since then and the continuing
aggression.”1 The visit signalled an attempt to         Ukrainian demands for western weaponry suggest
escalate the conflict with added weaponry and           that the conflicting parties are placing greater
firmer western support. To many Americans,              faith in a military rather than a diplomatic phase,
Zelenskyy’s assertion that “Ukraine holds its lines     even though Russia has periodically signalled its
and will never surrender”2 evoked an inflection         willingness to negotiate after freezing the current
point from the Second World War, when UK Prime          territorial status quo.
Minister Winston Churchill visited Washington in
1941 to draw the US into a European war.

                                                   3
Since September 2022, Ukraine has been
able to reclaim some territory in its northeast
and challenge Russian forces in the south. From              Both Russia and Ukraine have made their
October 2022, Russia targeted civilian and energy        maximalist positions clear—Ukraine would
infrastructure across Ukraine. Most prognoses are        like Russia to vacate all its occupied territory,
of continuing military action rather than dialogue       including Crimea, while Russia would like to
in the near term: Ukraine’s leadership informed          hold on to its military gains and secure Ukraine’s
The Economist in December 2022 that it is bracing        ‘guaranteed neutrality.’ However, is the door to
for winter attacks and a Russian spring offensive.4      dialogue completely shut? Or is there room for
The accidental missile strike in Poland in November      ‘strategic accommodation’ through creative peace
2022 and the repeated nuclear rhetoric, especially       diplomacy? Do the theory and history of conflict
talk of a ‘dirty bomb,’ only underline the possibility   resolution offer any pointers?
of further escalation through miscalculation.
A scenario that cannot be ruled out is of heavy
Russian losses sending the conflict spiralling out of
control into a nuclear endgame. Yet, while global
voices periodically call for dialogue, serious peace
proposals are conspicuously missing in action.

                                                    4
Pathways to Peace:
In Theory and History

I
        n their influential work, which is frequently
        used as a template for peace talks, academics
        William Ury and Roger Fisher presented               Applying this understanding to the Ukraine
        four principles for effective negotiations:       conflict, the BATNA for Ukraine remains military
        separating people from the problem,               gains on the battlefield, whereas, for Russia, it is
focusing on interests rather than positions,              defending the accrued territorial gains of the year.
generating a variety of options before settling on        This is primarily because both countries believe
an agreement, and insisting that the agreement be         in their respective capacities to push forward on
based on objective criteria.5 Central to their model      the battlefield towards ‘complete victory’, which
is the concept of ‘the best alternative to a negotiated   for Kyiv would mean pushing Russia out of its
agreement’ (BATNA). BATNA asks conflicting                territories, and for Moscow, retaining territories
parties what concessions they are willing to make to      in eastern Ukraine. However, pursuing complete
arrive at the negotiated agreement or what course         victory would lead to a long and destructive war
of action they would adopt in the absence of such         or a grinding stalemate—both scenarios creating
an agreement.                                             negative ripples in Europe and worldwide.

                                                     5
Several reasons have been used to justify why
countries go to war, from gaining territory, to
defending it, from righting historical wrongs to             The Cold War never officially began and, thus,
pre-emptive or punitive actions. However, the            could not reach an official conclusion through
trajectory and consequences of war are often hard        a peace settlement in the 1990s or the 2000s,
to define or control.6 The First World War, the first    even though the Budapest Memorandum of
major conflict of the 20th century, presents two key     1994 attempted to draw up some of its security
lessons that are relevant to the current conflict:       contours. The present crisis has reignited the
First, refusal to seize the moment for negotiations      undeclared and unfinished Cold War, with a
leads to greater suffering and destruction; and          21st-century update of the historical contestation
second, the eventual results of negotiations may not     featuring an aggressive US-led NATO, a
turn out well for either the victor or the vanquished.   resurgent Russia, a proxy battleground in
This is primarily because the consequences of the        Europe, and nuclear brinkmanship. However,
First World War—including the Treaty of Versailles,      the revival of the Cold War has not seen a
the Communist Revolution in Russia, and the              comprehensive strategic response from the
dissolution of the Austro-Hungarian Empire—              West, like the ‘containment’8 of the Soviet Union
paved the way for the Second World War.7 Similarly,      designed in the 1940s. As former US Secretary
the Second World War led to decolonisation, the          of State Henry Kissinger9 wrote in 2014, “the
creation of the United Nations, relative peace in        demonization of Vladimir Putin is not a policy;
Europe framed by a bipolar world, and a Cold War         it is an alibi for the absence of one.” Similarly,
that lasted 45 years.                                    it could be said that the current vilification of
                                                         Putin and the lionisation of Zelenskyy indicate
                                                         the absence of a coherent grand Western strategy
                                                         towards Russia and, hence, the wavering on
                                                         conflict resolution.

                                                    6
History tells us that resolutions for even the most
vexed conflicts can be arrived at through dialogue.
Negotiations, in theory, are meant to “balance the               Diplomacy is critical to highlight grievances
competing interests of states and to find common             as well as viewpoints. It is not necessary that
denominators which could form basis for an                   conflicting parties have direct connections;
agreement.”10 This was exemplified by negotiations           instead, key stakeholders could facilitate the
aimed at preventing the Cold War military                    dialogue process. In fact, multilateral processes
confrontation between the US and the Soviet Union            seem to be the preferred pathway in post-Cold
during the Cuban Missile Crisis. Even 60 years on,           War conflict resolution. Less than three decades
the crisis shines the light on some enduring lessons         ago, when borders within Europe were redrawn
in conflict resolution. Conflict experts argue that          in the former Yugoslavia, the crisis ended with the
the negotiations to end the Cuban missile crisis             Dayton Peace Accords, which offer an instructive
were also designed to develop confidence-building            template for the current crisis. The crisis in Bosnia
measures for avoiding accidental nuclear war.                and Herzegovina highlighted the complexities
These negotiations were ‘based on the common interest        and limits of European diplomacy, while the
in reducing the risk of confrontations that might escalate   US and NATO intervened to set the stage for
to nuclear warfare’ and ‘could proceed because it            de-escalation and ceasefire. The lead-up to the
was possible to identify shared interests that cut           final accords included several failed plans and
across or partially overrode the conflicting ones”           agreements to bring the conflict to a close. Bosnia
(emphasis added).11                                          represents a case where mediators determined
                                                             when the situation was critical enough to require
                                                             resolution. Early mediators responded primarily
                                                             to pressure exerted by media images of atrocities
                                                             in Bosnia, perceiving that the conflict had
                                                             escalated enough for resolution—not because the
                                                             parties themselves had grown weary, but because
                                                             the situation had gone too far. The question that
                                                             the Bosnia situation raised, which is still relevant
                                                             today, is when is it the right time and when is it
                                                             ‘just’ for the international community to intervene
                                                             and mediate in a crisis?

                                                        7
According to scholar Ira William Zartman, there
are two approaches to the practice of negotiation—
“first, lies in the substance of the proposals for a         Nevertheless, when one of the conflicting
solution - when parties resolve their conflict by         parties is a nuclear power, escalation scenarios
finding an acceptable agreement—more or less a            need to be considered seriously. Russian nuclear
midpoint; and second, lies in the timing of efforts for   signalling has arguably been confusing and mostly
resolution—when parties resolve their conflict only       dismissed as sabre-rattling, oscillating between
when they are ready to do so—when alternative             Moscow placing nuclear forces on “special alert”13
means of achieving a satisfactory result are blocked      and Putin dismissing the threat of tactical nuclear
and the parties find themselves in an uncomfortable       weapons: “We see no need for that...There is no
and costly predicament. At that point they grab on        point in that, neither political, nor military.”14
to proposals that usually have been in the air for        Still, it would be unwise to rule out scenarios of
a long time and that only now appear attractive.”12       Russia choosing to “use a smaller tactical weapon
While applying this understanding to the current          in Ukraine as a “game changer”, to break a
conflict in Ukraine, one can assume that neither          stalemate or avoid defeat.”15 Overall, while the
party to the conflict has reached the stage of            current risk of a nuclear endgame is low, it cannot
negotiation, primarily because their interests do         be discounted and needs to be managed carefully.
not overlap. Ukraine is reiterating its demands for
the restoration of its eastern territories, reparations      A major challenge to early peace is the fact that
for the damage, and accountability for Russian war        the only existing platform of negotiation between
crimes. In contrast, Russia has made it clear that        Ukraine and Russia has been rendered ineffective.
it intends to integrate the conquered territories         The Normandy Format, put in place in 2014, led
into its boundaries. Arguably, Ukraine’s western          to mediation between the two parties and the
partners do not see their interests served by a           subsequent Minsk-1 and Minsk-2 agreements.
ceasefire deal when the objective of ‘weakening
Russia’ is being realised and nuclear risk is yet to
breach the threshold of tolerance.

                                                     8
The belligerents had differing interpretations of
the provisions of the format, which led to it being
sidelined; Ukraine saw the 2015 agreement as             Clearly, what is required for peace is an ‘off-
an instrument to re-establish control over the        ramp,’ however difficult, towards de-escalation.
rebel eastern territories, while Russia viewed        One way forward could be a platform provided
the deal as obliging Ukraine to grant rebel           by a third country or countries, which would
authorities in Donbass comprehensive autonomy         encourage the conflicting parties to step up and
and representation in the central government,         negotiate unconditionally. The success of this
effectively giving Moscow the power to veto Kiev’s    kind of negotiation was evident in the processes
foreign policy choices. Moreover, former German       of the Tashkent Agreement in 1966 and the Oslo
Chancellor Angela Merkel’s December 2022              Accords in the 1990s. These agreements provided
remarks16 confirmed Russia’s deepest geopolitical     a platform for the negotiations while charting
suspicion that the Minsk accords were never meant     the future course, with major powers stepping in
to be implemented but were designed to buy            whenever necessary. The Oslo Accords provide
time for Ukraine to be strengthened as a western      the most promising template for the present
bulwark against it. Voices in Russia even suggest     conflict. They also framed the basic interim
that it made a tactical error by not completing the   agreement between Israel and the Palestine
job in 2014–15, when it had the chance to move        Liberation Organisation (PLO) to establish peace
deeper west into Ukraine with little challenge.       and push forward in capacity building while
While these agreements do provide a baseline for      maintaining a futuristic timeline on conversations
the current conflicting parties to work towards de-   around critical issues. In both cases, major powers
escalation, initialising the format is a challenge.   were involved in pushing the conflicting countries
This is primarily because the Normandy Format,        towards negotiations in a neutral third country.
which initiated these agreements, was neglected by
the guarantor nations, Germany and France, and
was completely ignored during the current conflict.
More importantly, no credible alternative platform
for conflict resolution has come into play after
January 2022.

                                                 9
Table 1:
Takeaways from Major Conflicts of the 20th and 21st
Centuries
                      Year of
                    Signing of   Actors Involved/
S.                                                  Time Taken for
       Conflict     Agreement/    Great Power                                               Key Takeaways
No.                                                  Negotiations
                    Armistice/      Presence
                      Accord
1     First World   Armistice    Allied Powers      161 days (18      Key features of the Treaty of Versailles included:
      War           signed       (US, UK, Italy,    January–28        •   Formation of the League of Nations.
                    on 11        France)            June 1919)
                    November                                          •   New German government to surrender
                    1918                                                  approximately 10 percent of its pre-war territory in
                                                                          Europe, as well as all its overseas possessions.
                    Treaty of
                                                                      •   Limiting the size of the German army and navy, and
                    Versailles
                                                                          allowing for the trial of Kaiser Wilhelm II and several
                    signed on
                                                                          other high-ranking German officials as war criminals.
                    28 June
                    1919                                              •   The Germans accepted responsibility for the war and
                                                                          the liability to pay financial reparations to the Allies.
2     Second        1945         US, UK, France,    Yalta             Yalta Conference:
      World War                  Soviet Union       Conference        •   Unconditional surrender of Nazi Germany
                                                    (8 days: 4–11         and the division of Germany and Berlin into
                                                    February 1945)        four occupational zones controlled by the US, Great
                                                    Potsdam               Britain, France, and the Soviet Union.
                                                    Conference (17    •   Germans, civilians, and prisoners of war would be
                                                    days: 17 July–2       punished for the war (reparations), partially through
                                                    August 1945)          forced labour to repair the damage they caused to
                                                                          their country and to others.
                                                                      •   Poland was reorganised under the communist
                                                                          Provisional Government of the Republic of Poland,
                                                                          and Joseph Stalin promised to allow free elections
                                                                          (but failed to follow through).
                                                                      •   The Soviet Union agreed to participate in the UN
                                                                          with a guaranteed position as a permanent member
                                                                          of the Security Council.
                                                                      •   Stalin agreed to enter the Pacific War against Japan
                                                                          three months after the defeat of Germany.
                                                                      Potsdam Conference:
                                                                      •   The decentralisation, demilitarisation, denazification,
                                                                          and democratisation of Germany.
                                                                      •   The division of Germany and Berlin, and Austria and
                                                                          Vienna into the four occupations zones outlined at
                                                                          Yalta.
                                                                      •   Prosecution of Nazi war criminals.
                                                                      •   Return of all Nazi annexations to their pre-war
                                                                          borders.
                                                                      •   Shifting Germany’s eastern border west to reduce
                                                                          its size, and expulsion of German populations living
                                                                          outside this new border in Czechoslovakia, Poland,
                                                                          and Hungary.
                                                                      •   Transformation of Germany’s pre-war heavy-industry
                                                                          economy (which had been vital for Nazi military
                                                                          build-up) into a combination of agriculture and light
                                                                          domestic industries.
                                                                      •   Recognition of the Soviet-controlled Polish
                                                                          government.
                                                                      •   Announcement of the Potsdam Declaration outlining
                                                                          terms of surrender for Japan.

                                                            10
3   Cold War    No formal    US, Soviet         There is no       •   Geopolitical tension between the US and the Soviet
                agreement    Union              consensus on          Union and their respective allies, the Western
                                                the beginning         Bloc and the Eastern Bloc.
                                                or end of the
                                                                  •   Establishment of NATO in 1949 and the Warsaw Pact
                                                Cold War, but
                                                                      in 1955.
                                                it is generally
                                                considered to     •   George Kennan’s policy of containment of the Soviet
                                                be 1947–91            Union.
                                                (approximately
                                                45 years)         •   Nuclear brinkmanship between the US and the
                                                                      Soviet Union.
                                                                  •   Competition for influence in Latin America,
                                                                      the Middle East, and the decolonised states of
                                                                      Africa, Asia, and Oceania.
4   Korean      27 July      China, North       2 years 17 days   •   Suspension of open hostilities.
    Crisis      1953         Korea, South       (1951–53)
                                                                  •   Withdrawal of all military forces and equipment
                             Korea, US, UN
                                                                      from a 4,000-metre-wide zone, establishing the
                                                                      Demilitarised Zone as a buffer between the forces.
                                                                  •   Prevention of both sides from entering the air,
                                                                      ground, or sea areas under control of the other.
                                                                  •   Arranged release and repatriation of prisoners of war
                                                                      and displaced persons.
                                                                  •   Establishment of the Military Armistice Commission
                                                                      and other agencies to discuss any violations and
                                                                      ensure adherence to truce terms.
5   Cuban       October      US, Soviet         2 weeks           •   To prevent possible nuclear war and to communicate,
    Missile     1962         Union                                    a direct telephone link was established between the
    Crisis                                                            White House and the Kremlin, which came to be
                                                                      known as the ‘Hotline.’
                                                                  •   Having approached nuclear conflict, both
                                                                      superpowers began to reconsider the nuclear arms
                                                                      race and took the first steps in agreeing to a nuclear
                                                                      Test Ban Treaty.
6   Tashkent    10 January   India, Pakistan,   4–10 January      •   Officially ended the war between Pakistan and India,
    Agreement   1966         Soviet Union       1966                  which occurred from August–September 1965.
                                                                  •   “Settled…disputes through peaceful means” and by
                                                                      not having “recourse to force.”
                                                                  •   Withdrawal of “all armed personnel” no later than
                                                                      25 February 1966 and moving those personnel “to
                                                                      the positions they held prior to 5 August 1965,” with
                                                                      both countries to “observe the cease-fire terms on the
                                                                      cease-fire line.”
                                                                  •   Maintaining cross-border relations “based on the
                                                                      principle of non-interference in the internal affairs of
                                                                      each other.”
                                                                  •   Repatriation of prisoners of war.

                                                          11
7   Oslo Peace   First: 1993   Israel, PLO,        Negotiations    •   Israel accepted the PLO as the representative of the
    Accords                    Norway, US          began               Palestinians, and the PLO renounced terrorism and
                 Second:
                                                   discreetly in       recognised Israel’s right to exist in peace.
                 1995
                                                   1993.
                                                                   •   Both sides agreed that a Palestinian Authority
                                                                       would be established and would assume governing
                                                                       responsibilities in the West Bank and Gaza Strip over
                                                                       a five-year period.
8   Dayton       21            Croatia, Bosnia, 21 days (1–21      •   Preserved Bosnia as a single state consisting of
    Agreement    November      Serbia, US,      November               two parts—the Bosniak-Croat Federation and the
                 1995          UK, France,      1995)                  Bosnian Serb Republic, with Sarajevo remaining the
                               Germany, Italy,                         undivided capital city.
                               Russia,
                                                                   •   The parties agreed to fully respect human rights and
                               European Union
                                                                       the rights of refugees and displaced persons.
                                                                   •   The parties agreed to cooperate fully with all entities,
                                                                       including those authorised by the UN Security
                                                                       Council, in implementing the peace settlement and
                                                                       investigating and prosecuting war crimes and other
                                                                       violations of international humanitarian law.
9   Minsk        5             The Trilateral      37 days         •   Comprised 12 points:
    Protocol     September     Contact Group       (31 July–5
                                                                   •   Ensuring immediate bilateral ceasefire.
                 2014          on Ukraine          September
                               (Ukraine, Russia,   2014)           •   Ensuring monitoring and verification of the ceasefire
                               Organisation                            by OSCE.
                               for Security and
                               Co-operation                        •   Decentralisation of power, including through
                               in Europe                               adoption of the Ukrainian law ‘On temporary Order
                               (OSCE)), France,                        of Local Self-Governance in Particular Districts of
                               Germany,                                Donetsk and Luhansk Oblasts.’

                               Representatives                     •   Ensuring permanent monitoring of the Ukrainian–
                               from Donetsk                            Russian border and verification by OSCE, with the
                               People’s                                creation of security zones in the border regions of
                               Republic                                Ukraine and the Russian Federation.
                               and Luhansk                         •   Immediate release of all hostages and illegally
                               People’s                                detained persons.
                               Republic
                                                                   •   A law preventing the prosecution and punishment of
                                                                       people in connection with the events in some areas
                                                                       of the Donetsk and Luhansk oblasts.
                                                                   •   Continuing inclusive national dialogue.
                                                                   •   Taking measures to improve the humanitarian
                                                                       situation in Donbas.
                                                                   •   Ensuring early local elections in accordance with the
                                                                       Ukrainian law ‘On temporary Order of Local Self-
                                                                       Governance in Particular Districts of Donetsk and
                                                                       Luhansk Oblasts.’
                                                                   •   To withdraw illegal armed groups and military
                                                                       equipment as well as fighters and mercenaries from
                                                                       the territory of Ukraine.
                                                                   •   To adopt a programme of economic recovery and
                                                                       reconstruction for the Donbas region.
                                                                   •   To provide personal security for participants in the
                                                                       consultations.

                                                            12
10     Minsk II        12 February      Ukraine,          16 hours (11–   •   The agreement included:
                        2015             Russia, France,   12 February
                                                                           •   Immediate and full ceasefire in particular districts
                                         Germany,          2015)
                                                                               of the Donetsk and Luhansk oblasts of Ukraine and
                                         Representatives                       its strict fulfilment as of 00:00 midnight EET on 15
                                         from Donetsk                          February 2015.
                                         People’s
                                                                           •   Pull-out of all heavy weapons by both sides to equal
                                         Republic
                                                                               distance towards the creation of a security zone.
                                         and Luhansk
                                         People’s                          •   Effective monitoring and verification of ceasefire
                                         Republic                              regime and pull-out of heavy weapons by OSCE.
                                                                           •   Initiating a dialogue on modalities of conducting
                                                                               local elections in accordance with the Ukrainian
                                                                               legislation and Ukrainian law ‘On temporary Order
                                                                               of Local Self-Governance in Particular Districts
                                                                               of Donetsk and Luhansk Oblasts’ as well as about
                                                                               the future of these districts based on the above-
                                                                               mentioned law.
                                                                           •   Providing pardon and amnesty by way of enacting
                                                                               a law that forbids the persecution and punishment
                                                                               of persons in relation to events that took place in
                                                                               particular districts of the Donetsk and Luhansk
                                                                               oblasts of Ukraine.
                                                                           •   Providing release and exchange of all hostages and
                                                                               illegally held persons based on the principle of ‘all for
                                                                               all.’
                                                                           •   Restoring control of the state border across the
                                                                               conflict zone to the Ukrainian government.
                                                                           •   Constitutional reform in Ukraine, with a new
                                                                               constitution to come into effect by the end of 2015,
                                                                               the key element of which was decentralisation (taking
                                                                               into account the peculiarities of the districts of the
                                                                               Donetsk and Luhansk oblasts, agreed to with the
                                                                               representatives of these districts) and approval of
                                                                               permanent legislation on the special status of Donetsk
                                                                               and Luhansk oblasts.

Source: Compiled by the authors from various sources.

                                                                   13
Lessons for the Ukraine Conflict

E
             very major conflict in the last 100
             years, as outlined in Table 1, provides
             lessons for the present crisis. The First   negotiations may not lead to concrete outcomes,
             World War indicated that inordinate         and the models followed may differ in detail, but
             delay in starting negotiation processes     open channels of communication remain critical.
could cause grievous harm. The Second World
War showed the dangers of a conflict spiralling             As with any conflict, the present crisis comes
into a nuclear dimension. The Cuban Missile              with the opportunity for peace, the dissolution
Crisis highlighted the importance of backchannel         of which could lead to disastrous outcomes.
diplomacy as critical to put forward grievances and      The sooner both parties realise this, the more
provide a platform for further discussions. The          attractive the pathways to peace will become. In
Tashkent Agreement and Oslo Accords emphasised           the Ukraine crisis, the first step towards peace
the role of a neutral platform for negotiations. The     will need to be the cessation of hostilities. It is
Dayton Agreement process indicated the right             dangerous for the world to complacently wait for
time for international actors to push for mediation.     a solution in the summer of 2023, after Russia
As the Ukraine crisis nears a year and with its          has been confronted with the latest weaponry or
economic repercussions being felt across the globe,      after Europe has shivered through a weaponised
the case for dialogue remains strong, despite the        winter.
reluctance of the belligerents and their backers. The

                                                   14
The second step towards sustained peace is
negotiation. For a peace process to take shape, it
is critical to balance the maximalist demands on          appetite for negotiation, but Ukraine’s Western
both sides and push for negotiations, including           backers may need to funnel in more diplomacy
an unconditional ceasefire. At the moment, both           than armaments.
conflicting parties seem to assume that they control
the momentum of the conflict and, thus, are not           Contours of a Negotiated Peace
inclined towards talks. For external facilitation to
be successful, timing is crucial; while the conflicting   If and when both parties come to the negotiating
parties need to be inclined, external stakeholders        table, what shape could the negotiated peace
need to reach “the stage of receptivity - having the      take? At the G20 summit in Bali in November
trust of the parties, confidentiality, and willingness    2022, Zelenskyy proposed a 10-point peace plan.
to expend political capital and time, and a strong        The maximalist plan asked Russia to “reaffirm
team to back up the effort.”17                            the territorial integrity of Ukraine within the
                                                          framework of the relevant resolutions of the UN
   What will be crucial is for international              General Assembly and the applicable international
stakeholders to bring pressure on both countries to       legally binding documents; along with cessation
cease hostilities unconditionally and work towards        of hostilities and withdrawal of troops by Moscow;
a peace process. The UN Security Council is               special tribunals for Russian war crimes; security
limited in its ability to provide a peace platform,       guarantees and confirmation of end of war.”18
given that a veto-wielding permanent member is            Zelenskyy had also signed a decree in September,
party to the conflict. Russia, for its part, believes     wherein he ruled out peace negotiations by
that the West is “backing” Ukraine, just as the West      stating: “We are ready for a dialogue with Russia,
believes that China is siding with Russia. Third          but with another president.”19 On its part,
parties that enjoy the trust of both conflicting          Moscow has said that the country was “ready for
sides could step in when asked to outline a basic         the negotiations, but not on the West’s demand
agreement for de-escalation, as was witnessed             to pull out of Ukraine,” adding that “the West’s
during negotiations for the Tashkent Agreement.           refusal to recognise new territories seized from
Although both sides have regularly stated their           Ukraine makes peace talks harder.”20 Both
maximalist demands, the components of a potential         countries have thus applied stiff conditions, even
negotiated peace may vary due to shifts in their          of regime change, but not shut the door entirely
perceived negotiation power. A critical question is       to a peace process.
who will take the first step; Russia has signalled an

                                                    15
A possible way forward was proposed by
Kissinger during a talk at the Davos Summit in
May 2022,21 then in an article in December,22 calling      While reverting to the February 2022 status
for a compromise between Russia and Ukraine to          quo could be viewed as a victory by Ukraine
the status quo ante: the positions of the two forces    and the West, will Russia agree to surrender its
before Russia’s invasion began on 24 February 2022      military gains? Similarly, will the declaration of
to push for a negotiated peace in Ukraine to reduce     neutrality, as offered by Ukraine at the beginning
the risk of another devastating world war. He           of the conflict, be the starting point for a
stated that “the outcome of any war and the peace       negotiated peace? Given that the ground situation
settlement, and the nature of that peace settlement     has since changed, neutrality might be acceptable
— it will determine whether the combatants remain       to Moscow, but will it be acceptable to Kyiv? Or
permanent adversaries, or whether it is possible to     will Ukraine ask for concrete security guarantees
fit them into an international framework.”              from the West and NATO as part of peace
                                                        negotiations? This may also be unacceptable for
                                                        Russia; it may accept Ukraine joining European
                                                        economic, but not security, structures, the EU
                                                        but not any version of NATO. Another critical
                                                        aspect is who will be the facilitator, since it must
                                                        be a country (or countries) that both conflicting
                                                        parties trust to provide a neutral space.

                                                  16
Where are the Peaceniks?

T
              here have been several tentative
              attempts to broker peace during the
              Ukraine crisis, including by Turkey        diplomacy and dialogue as the only way forward.
              and Israel, which began contributing       Throughout the conflict, India has refused to
              when France and Germany ceased             endorse Russian actions and has underlined its
to play that role. With the current focus on the         respect for territorial integrity, spoken against
G20, can the organisation or its chair, India, play a    the use of nuclear weapons, and highlighted the
similar role?                                            impact of the crisis on food and energy security,
                                                         particularly in the Global South. India has also
   India is not new to the role of a facilitator; it     reiterated that it is ready to contribute to any
played a similar role in the Korean War, where it        peace effort. This was evident in Prime Minister
proposed a resolution to end the conflict, resulting     Narendra Modi’s conversations in December
in the signing of the Armistice Agreement. Notably,      2022 with Putin and Zelenskyy, where Zelenskyy
India refused to support or blame any party in the       pointedly called for New Delhi’s help “with
conflict on the one hand and worked to restore the       implementing the peace formula”23 that he had
status quo on the other. This resonates in India’s       put forward during the G20 Bali Summit.
stand on the present conflict in Ukraine—New
Delhi has expressed concerns over increasing
violence, but refused to take sides, while calling for

                                                   17
Various strategic factors drive India’s balanced
approach to the Russia-Ukraine crisis. If invited,
                                                        peace process, which India could achieve by
India is well-positioned to facilitate bilateralism
                                                        working with partners to address the interests
and bilateral peace talks between the two
                                                        of all stakeholders. India could then collaborate
conflicting parties, given that it is trusted by both
                                                        with its partners to work on a peace plan as part
sides and by a range of stakeholders. New Delhi
                                                        of its presidency’s larger agenda. Thus, the G20
could comfortably work with partners to build
                                                        provides India with the opportunity to set the
a consensus towards a peace process that meets
                                                        blueprint for that discussion.
the interests of all stakeholders, particularly by
leveraging its G20 leadership. Modi is perhaps
                                                           The G20 Troika has the potential to be the
one of the few global leaders who can reach out to
                                                        vehicle for this purpose. The G20 Troika presently
many of his contemporaries (whether Putin and
                                                        comprises of three developing countries—
Zelenskyy, or US President Joe Biden and French
                                                        Indonesia (the past president), India (the current
President Emmanuel Macron) in a single day.24
                                                        president), and Brazil (the incoming president)—
Moreover, India could harness bilateral synergies
                                                        representing the true Global South. The troika
with Ukraine, Russia, US, and the European Union
                                                        would offer G20 the opportunity to look at the
to bring these vectors together and push an agenda
                                                        crisis from a developing-world perspective. Since
for peace.
                                                        the beginning of the conflict, India has been
                                                        highlighting the ripple effects of the crisis on
The Troika Diplomacy
                                                        countries in the Global South, including increased
                                                        prices of energy and fertilisers and heightened
India’s G20 presidency provides New Delhi
                                                        food insecurity. During its G20 presidency,
with a platform, as well as the responsibility to
                                                        Indonesia25 also advocated for a resolution, with
initiate discussions among stakeholders to de-
                                                        President Joko Widodo visiting both Russia and
escalate the Ukraine crisis. Since G20 remains
                                                        Ukraine to push for peace. With Brazil in the mix,
the world’s premier economic forum, it will need
                                                        the troika could prove to be a credible vehicle for
to grapple with the most serious political crisis of
                                                        a negotiated peace process.
current times, particularly since Russia and all
G7 members are part of this grouping. The first
critical step is to arrive at a consensus towards a

                                                  18
An alternative pathway is for India to join a
trilateral group with Israel and Turkey to initiate a
consensus mechanism towards a peace process. The           Any multilateral group chosen to attempt
choice of Turkey and Israel would acknowledge           peace can take cues from historical peace
their early efforts towards resolution of the crisis.   processes and provide a platform for talks. For
Israeli and Turkish leaders have expended               example, learning from the Oslo Peace Process
considerable effort to get the conflicting parties      and the Tashkent Agreement, the group can
to come to the negotiating table. While Turkey          provide a neutral ground for both parties to
played a critical role in finalising the much-needed    discuss a ceasefire agreement which, once
grain deal, it has been unsuccessful in getting both    implemented, could give way to further discussion
countries to discuss a ceasefire. What would work       on substantive issues. The peacebuilders could
in favour of this grouping is that it might be more     propose an incremental approach to address the
acceptable to both Ukraine and Russia, given their      concerns of both Ukraine and Russia, starting
respective ties with the countries and the exclusion    from the least problematic issues, to promoting
of the European countries and the US.                   confidence-building measures, to addressing
                                                        difficult territorial matters.

                                                  19
Conclusion

H
                 istorically, conflicts have ended
                 either with comprehensive victories
                 or prolonged stalemates. While         military pause and build towards the next phase
                 the 20th century saw devastating       of conflict? Or is Russia open to talks, since these
                 endgames,      many     21st-century   will allow it to preserve its military gains, even if
conflicts (such as Afghanistan, Libya, Syria, and now   by abandoning the dream of ‘total victory’? Many
Ukraine) seem to be more prolonged. As winter           in Ukraine and the West see these remarks as
proceeds, the violence in Ukraine may intensify.        “posturing” owing to continued Russian attacks
                                                        and an attempt to justify Russia’s “imperial-style
   In a December interview, Putin said that he          war of occupation.”27
was “ready to negotiate with everyone involved
about acceptable solutions, but that is up to              What is clear is that the global community
them,”26 placing the onus of dialogue on Ukraine        needs to encourage both sides towards peace
and the West. While these comments may seem             talks; neither party will come to the negotiating
directed towards war-fatigued domestic audiences        table as long as the BATNA of a military
and war-sceptical Europeans, Russia’s apparent          solution appears more valuable. Irrespective
openness towards negotiated peace raises two            of the pathway taken by Ukraine, the global
critical questions: Is it tactical to make room for a   conversation needs to shift from war strategies to
                                                        templates for peace; the alternative is much too
                                                        dangerous for the world.

                                                  20
Endnotes

1   White House, “Remarks by President Biden and President Zelenskyy,” December 21, 2022, https://www.whitehouse.gov/
    briefing-room/speeches-remarks/2022/12/21/remarks-by-president-biden-and-president-zelenskyy-of-ukraine-in-joint-
    press-conference/.

2   President of Ukraine, “Address by Volodymyr Zelenskyy in a Joint Meeting of the US Congress,” December 22, 2022,
    https://www.president.gov.ua/en/news/mi-stoyimo-boremos-i-vigrayemo-bo-mi-razom-ukrayina-amerika-80017.

3   President of Russia, “Meeting of Defence Ministry Board,” December 21, 2022, http://en.kremlin.ru/events/president/
    news/70159.

4   “Volodymyr Zelensky and his Generals Explain Why the War Hangs in the Balance,” The Economist, December 15, 2022,
    https://www.economist.com/ukraines-fateful-winter.

5   Roger Fisher and William Ury, Getting to Yes: Negotiating Agreement Without Giving In (UK: Random House, 1981), p. 50.

6   Guillermo Altares, “History’s Lessons for the Ukraine-Russia Conflict: How Do Wars Get Started?,” El Pais, January 28,
    2022,   https://english.elpais.com/usa/2022-01-28/historys-lessons-for-the-ukraine-russia-conflict-how-do-wars-get-started.
    html.

7   Anatol Lieven, “Ukraine’s War is Like World War I, Not World War II,” Foreign Policy, October 27, 2022, https://foreignpolicy.
    com/2022/10/27/ukraines-war-is-like-world-war-i-not-world-war-ii/.

8   Office of the Historian, Foreign Service Institute, United States Department of State, “Kennan and Containment, 1947,”
    https://history.state.gov/milestones/1945-1952/kennan.

9   Henry Kissinger, “To Settle the Ukraine Crisis, Start at the End,” The Washington Post, March 5, 2014, https://www.
    washingtonpost.com/opinions/henry-kissinger-to-settle-the-ukraine-crisis-start-at-the-end/2014/03/05/46dad868-a496-
    11e3-8466-d34c451760b9_story.html.

10 Paul C. Stern and Daniel Druckman, eds., International Conflict Resolution After the Cold War (Washington DC: National
   Academy Press, 2000), p. 4.

11 Stern and Druckman, International Conflict Resolution After the Cold War, p. 4.

12 Stern and Druckman, International Conflict Resolution After the Cold War, p. 225.

13 “Ukraine Invasion: Putin Puts Russia’s Nuclear Forces on Special Alert,” BBC, February 28, 2022, https://www.bbc.com/
   news/world-europe-60547473.

                                                              21
14 “Putin Says ‘No Need’ for Using Nuclear Weapons in Ukraine,” PBS, October 27, 2022, https://www.pbs.org/newshour/
   world/vladimir-putin-rules-out-using-nuclear-weapons-in-ukraine.

15 “Ukraine War: Could Russia Use Tactical Nuclear Weapons?,” BBC, September 25, 2022, https://www.bbc.com/news/
   world-60664169.

16 Tina Hildebrandt and Giovanni di Lorenzo, “Hatten Sie Gedacht, Ich Komme Mit Pferdeschwanz?,” Zeit Online, December
   7, 2022, https://www.zeit.de/2022/51/angela-merkel-russland-fluechtlingskrise-bundeskanzler.

17 Pankaj Saran, “The Role India Can Play in Halting Ukraine War,” The Times of India, November 9, 2022, https://timesofindia.
   indiatimes.com/india/ukraine-peacemaker-india/articleshow/95410117.cms.

18 President of Ukraine, “Speech by the President of Ukraine at the G20 Summit,” November 15, 2022, https://www.president.
   gov.ua/en/news/ukrayina-zavzhdi-bula-liderom-mirotvorchih-zusil-yaksho-rosi-79141.

19 President of Ukraine, “Address by President Volodymyr Zelenskyy,” September 30, 2022, https://www.president.gov.ua/en/
   news/mi-robimo-svij-viznachalnij-krok-pidpisuyuchi-zayavku-ukrayi-78173.

20 Paul Kirby, “Ukraine War: Russia Demands Annexations Recognised Before Talks,” BBC, December 2, 2022, https://www.
   bbc.com/news/world-europe-63832151.

21 World Economic Forum, “Kissinger: These Are the Main Geopolitical Challenges Facing the World Right Now,” May 23,
   2022,     https://www.weforum.org/agenda/2022/05/kissinger-these-are-the-main-geopolitical-challenges-facing-the-world-
   right-now/.

22 Henry Kissinger, “How to Avoid Another World War,” The Spectator, December 17, 2022, https://www.spectator.co.uk/article/
   the-push-for-peace/.

23 Suhasini Haider, “Ukrainian President Zelenskyy Speaks to PM Modi About G20, Thanks India for Aid and UN Support,”
   The Hindu, December 26, 2022, https://www.thehindu.com/news/national/ukraines-zelenskyy-seeks-indias-participation-in-
   implementation-of-peace-plan-over-call-with-pm-modi/article66307716.ece.

24 Ajay Bisaria and Ankita Dutta, “Where is the Clamour for Getting Russia and Ukraine Off the Ramp?,” Observer Research
   Foundation, November 5, 2022, https://www.orfonline.org/expert-speak/where-is-the-clamour-for-getting-russia-and-
   ukraine-off-the-ramp/.

25 Stanley Widianto, “G20 President Indonesia Seeks to Ease Crisis with Ukraine, Russia Visits,” Reuters, June 22, 2022, https://
   www.reuters.com/world/asia-pacific/indonesia-president-push-peace-with-ukraine-russia-visits-minister-2022-06-22/.

26 “Ukraine War: Russia ‘Ready to Negotiate’ Claims Vladimir Putin,” Euronews, December 25, 2022, https://www.
   euronews.com/2022/12/25/ukraine-war-russia-ready-to-negotiate-claims-vladimir-putin?utm_source=newsletter&utm_
   medium=EN_TESTMay&utm_content=ukraine-war-russia-ready-to-negotiate-claims-vladimir-putin&_
   ope=eyJndWlkIjoiYmY1NTMxOWUxMjQxZjhjZWFkZmFmM2IxNTg3MjJkNjQifQ%3D%3D.

27 “Russian Missiles Rain Down on Ukraine Towns on Christmas Day,” Euractiv, December 26, 2022, https://www.euractiv.com/
   section/global-europe/news/russian-missiles-rain-down-on-ukraine-towns-on-christmas-day/.

                                                             22
About the Authors

Ajay Bisaria is a former civil servant who served as the High Commissioner of India to Canada from March 2020 to June 2022.

Ankita Dutta is a Fellow with ORF’s Strategic Studies Programme.

Attribution: Ajay Bisaria and Ankita Dutta, “The Ukraine Conflict: Pathways to Peace,” ORF Special Report No. 207,
January 2023, Observer Research Foundation.

Cover image: Getty Images/ Kutay Tanir
Back cover image: Getty Images/Andriy Onufriyenko

                                                                23
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