UkraineIt is fascinating to witness with events in Ukraine an enduring controversy of history in the making. Controversies arise all the time, of course, but some are drawn in more dramatic relief than others, and one of those is Ukraine, 2013-14. Most Western exponents of liberal democracy, of both right and left – by no means all – are adamant that Ukraine represents one more natural social outburst of the desire for freedom and democracy, and a rejection of the democratically-styled authoritarianism that is just one form of corrupt oligarchism. One needn’t dissent from this view to find many of the forces for good in these events, as they zealously and uncritically perceive themselves, to have been inept and, in part, opportunistic and blind causes of their own effect.

The opportunism lay in grasping at the chance to wrest Ukraine free from Russia’s domination, and to do so with so little apparent forethought or preparation or principled consistency. Join that incoherent rationale for Western behavior, both before and after the overthrow of Yanukovych, to what should have been the predictable motivation for Putin to react as he has and you have the grounds for the Russian president’s own opportunistic case and action – and for the predictable defense of it on the Western far right and left.

In that last instance, Patrick L. Smith, at Salon, in “Propaganda, lies and the New York Times: Everything you really need to know about Ukraine” makes just the pro-Russian, anti-Western case the title promises. Like other Western-critic, Russia-rationalizers Smith goes heavy on rightist influence over the Ukrainian uprising.

The decisive influence of ultra-right extremists, some openly committed to an ideology of violence, some whose political ancestors sided with the Nazis to oppose the Soviets, is a matter of record. Svoboda and Right Sector, the two most organized of these groups, now propose to rise into national politics. Right Sector’s leader, Dmytro Yarosh, intends to run for president. The New York Times just described him as “an expert with firebombs” during the street protest period.

These people are thugs by any other name.

This is just one reason, says Smith, that “[t]he more I scrutinize it, the more the American case on Ukraine is held together with spit and baling wire.” Of course, it is not just the “American” case, but that is another topic. So is Smith anymore consistent that the American government he criticizes?

Next Sunday Crimeans will vote in a referendum as to whether they wish to break with the rest of Ukraine and join the Russian Federation. The semi-autonomous region’s parliament has already voted to do so, and good enough that they put the thought to a popular vote.

But no. Self-determination was the guiding principle when demonstrators and pols with records as election losers pushed Yanukovych out and got done via a coup (I insist on the word) what they could not manage in polling booths. But it cannot apply in Crimea’s case. The Crimeans are illegitimate and have no right to such a vote.

“[G]ood enough that they put the thought to a popular vote”? So is Smith accepting events in Kiev as expressive, however extra-legal, of legitimate self-determination or not? Is he criticizing them or resorting to their example to justify the Crimean referendum? Both, we see, in a prime, if covert, example of the argumentative reversal. And somehow, in Smith’s own coup against reason, and his exposition of “everything you really need to know about Ukraine,” he does not tell us this:

The reaction to all this in Crimea does not appear to have been done democratically or by the book.

Armed men assumed to be Russian troops or pro-Russian militia stormed the Crimea Parliament building and locked it down. Anatoly Mogiliov, the president of Crimea, who is a member of Yanukovych’s Party of Regions, was ordered out.

In a session not open to the public, the Crimea parliament allegedly appointed Sergei Askyonov as prime minister of Crimea. Askyonov is a member of a small, obscure political group called from the Russian Unity Party, which won too few votes in parliamentary elections in 2012 to win even one seat in Kiev.

Nor, to balance his reporting on “ultra-right extremists” in Ukraine, does Smith include this, about the new Crimean prime minister, in “everything”:

“He wasn’t a criminal big shot,” said Andriy Senchenko, now a member of Ukraine’s Batkivshchyna party, which was at the forefront of the Kiev protests that led last month to the downfall of pro-Russia President Viktor Yanukovych. Senchenko described Aksyonov as a “brigade leader” in a gang that was often involved in extortion rackets.

While Senchenko is not unbiased — his party opposes Aksyonov’s push for Crimea to become part of Russia — the editor of the region’s main pro-Russian newspaper, Crimean Truth, also accused Aksyonov of being in a criminal gang. Mikhail Bakharev made the allegations five years ago, when Aksyonov first emerged on Crimea’s political scene.

Well, so everybody in the pristine realm of national and international power politics will have dirty targets at which to aim a crooked figure. But at least everyone is consistent in principle in how they shape and against whom they direct their arguments, yes? Clearly, no. Among the many consequences of Western carelessness in Ukraine is the opportunity for the Putins and the Smiths to so muddy the waters over the issue of legitimacy.

Was the just completed Crimean referendum legitimate? Was the Ukrainian parliamentary vote to remove Yanukovych from office – compelled by the threat of the streets – legitimate? What constitutes governmental legitimacy? What warrants action to remove by extra-legal action a presiding government, previously recognized as legal? In whom rests the authority to carry out this extra-legal removal, to then assume the authority, on what basis, to govern? When is almost everyone’s liberating revolution a less romantic “mob-action” instead, in which the legitimacy of the complaint in uprising and of the forces rising up in substitution of those governing may be called into question? These are just a few of the questions in political philosophy that may apply, and generally speaking, in practical terms, the determinant of the answer is the existent ideological perspective of those making the judgment.

The ideological perspective on this issue of those adhering to liberal democracy, right and left, is likely best expressed by John Rawls, in Justice As Fairness, that

political power is legitimate only when it is exercised in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse in the light of their common human reason. This is the liberal principle of legitimacy.

Add to this some representation of Max Weber’s concept of legal-rational authority, “a set of rules and rule-bound institutions” where “creating and changing the rules are outside of the control of those who administer them,” and we probably have the nut shell of legal administrative procedure leading to democratic justice that most in the West would endorse.

One difficulty, however, is that such would describe what is legitimate, or a standard against which some government might fall short. But how far short may it fall before most of us would agree that legitimacy has been lost, so that some usurpation of authority may be attempted? And whence the legitimacy of the usurping forces?

We pretend when we argue about such crises as Ukraine and Crimea that there is some clear and settled standard by which to make these latter judgments, but there is not. Usurpations of power, by glorious and other revolutions, with the reactions against them, are always ad hoc affairs with makeshift and evolving ethical rationales. In 1969, 71 nations granted diplomatic recognition to the Republic of China on Taiwan, with only 48 recognizing the Peoples Republic of China on the mainland. By 2013, only 22 nations recognized the ROC, while recognition of the PRC had grown to 172. This evolution in the perception of the legitimacy of these two governments did not arise out of any objective improvement in the argument for the PRC over that of the ROC – unless, of course, material facts are considered to influence, along with morality, a political determination, which, of course, they are. The PRC holds, indeed, the mainland, is far larger, more populous, more militarily, and – most important of all – more economically powerful. “Legitimacy” bends beneath the wheel of material reality.

The 2008 declaration of independence of Kosovo is not recognized by Serbia or the Serbian administered North Kosovo. Because of Russian objection, Kosovo will not likely soon be granted a UN seat, yet it has received 110 recognitions as an independent state, and the International Court of Justice advisory opinion on Kosovo stated that Kosovo’s declaration did not violate international law. Kosovo’s government is and will be recognized as legitimate because, right or wrong, international bodies will have reached consensus on it legitimacy and no power strong enough will be acting to prevent the exercise of that government’s authority.

These are the realties that will develop over time in Ukraine and Crimea. It is important to note for the future, however, that the current uncertainty is not just the product of Russia’s role as bad actor, but also the strategic ineptitude of the West. Without attempting any objectively considered defense of the overthrow of Yanukovych within a coherent philosophic framework, the EU and US assert the legitimacy of the usurpation, truly, in the faith that their side and agents represent the substance of democratic justice, even if the procedure has to be made up as events proceed. Further discoveries of Yanukovych’s corruption, subsequent to his flight, are post hoc justifications, and Russia is Russia, and so illegitimate in its power plays on the face of them. Not surprisingly, as I argued before, Putin genuinely believes otherwise. Events, tactics, and countless opportunities to weaken in resolve will determine the real end.

The EU and US acted as if this would be a second go at the 2004-05 Orange Revolution, with another chance to get it right and get Russia and its Ukrainian stand-ins gone. But the course of the Orange Revolution was ultimately decided by a Ukrainian Supreme Court decision and new elections. There was no overthrow of a democratically-elected leader and Putin was not fully the power then that he is now. None of this seems to have been taken into account in anticipating the magnitude of what was occurring. The Western nations, so blinded by their sense of moral superiority, could not see that their advice and guidance of Ukrainian government opponents – rather disingenuously self-styled as just the innocent advocacy of democracy, even as it excused the threat of the streets – would be perceived by Putin as interference and aggression.

Because the West played geopolitics without a playbook – they are, don’t you know, so nineteenth century – numbered among the West’s failures thus far is the opening, from more than one direction, to challenge the legitimacy of the new Ukrainian government, which has become the rationale of all consequent Russian actions.

AJA

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