Posted August 25, 2014
I broadly blame the Ukrainians for the convoy crossing as it did, and for stalling, certainly. Had I been in their position I would have simply said "yes, cross at Kharkov once the ICRC and inspections have been done". Why? If you're genuinely concerned about weapon smuggling in those trucks then the most important thing is to inspect them, you don't want to give Russia an excuse to cross them uninspected. Constantly changing your position and taking a week from your inspectors arriving to checking 1/7 of the cargo is pretty unreasonable, setting aside any other considerations.
Hmm. Looks like we're have some problems here still. "Had I been in their position I would have simply said "yes, cross at Kharkov once the ICRC and inspections have been done". We're not talking about your possible actions on their positions here. We're talking about their actions i thought. But why not to try to write same stuff for 3-rd time indeed, with your own words now as guideline. If you would say, "Yes, i dont trust you from the start, but as i heard what ICRC had agreed to start negotiation process, what would result in a deal what will suit both sides - we're agree. Oh, you sayd you have settled all the stuff with them already, and they told what they will do routine what will meet our terms aswell, ok, nice, but ill just call theyr office to ensure if it actually happend. Oh, there a trucks beeping already at gates, but hey, i called them and they sayd what they actually have no idea what you talked about, and they didnt gave a supervision for a mission yet, and no, they have no idea what is in trucks yet, as they are only planning to start to preparing some general papers on a subject, right after coffee break. But hey, as im not Ukrainian official, im you, so surely ill happily ignore a weird lie from your side, what you pretending as ICRC aid, while it's not, so no problem, let just wait for ICRC to make your claim looking reasonable and forget the story entirely!" Well, there was Ukrainian officials instead of you, and way they had reacted on it looked way more reasonable than this. If one is intentionally lie, and it so easily verified, and one wasnt trusted from start, there is even less reason to trust later. So when proposed ICRC negotiation had actually performed (2 days after convoy pretending to be of ICRC initially arrived) the entry path was changed. All 3 sides looks to agree with it and comply initially. So i still wonder, why you pretend to call unnecessarily early arrival of convoy as intentional delay? If you have a plane ticket for a 20-th, but arrive at airport at 16-th, and refused a boarding on a plane in result, you will say what airport crew intentionally delay your trip, for no reason preventing you from free pass due to such small and unimportant problem? And in this certain case you can even add a fact of not matched name and surname on your ID and actual ticket for the future. About "intentional slowness" you're implying. For example Russian custom, what is situated in a safe calm places are not ashamed to check a regular cargo for some months sometimes. As we know, conditions there was far from ideal. Its possible what Ukrainian custom officers also less trained and competent than Russian ones, so it could add to it. All sides agreed on terms of checking the cargo as i got, so the idea of "oh, @#$#@#%, we're just go, slowpokes, outta way!" looks pretty suspicious. Indeed, if Russian side was actually cared to have a maximally fast and effective delivery, they had to send a convoy to a goodly equipped border pass (Kharkov one), instead of heavily shelled (Izvarino), and only after getting official confirmed recognition from ICRC, what would ensure to have own representatives at aforementioned pass at time of convoy arrival (or even better slighlty earlier), with Ukrainian side also confirmed what they're ready and await too, with deployed own custom officers there. Why on Earth Russia decided to instead perform that mockery what happend in reality is surely is unknown for me, despite i can have some own uneducated guesses about it. Why you're decided to blame Ukraine for that stuff surely is unknown for me too, though i can have some own uneducated guesses about it again. I wouldnt write it for 4-th time, as i have to lower the style of explanation with any iteration, hoping to make it easier to get in vain, when it would be need to be explained on a kid's level, im surely would pass, sorry.
On war crimes you've misread. I gave that solely as the reason the Ukrainians could not just say no and keep saying no, as that would open them up to war crimes accusations* because you aren't allowed to starve civilians in a siege situation any more- see accusations against Assad in Syria as an example. That is why they ultimately had to give a qualified theoretical yes to the Russian convoy crossing even if they practically wanted it delayed as much as possible. A hungry/ thirsty population is a military advantage to Ukraine as it means that resources have to be expended getting food, rebels have to go with less and a pressured population may become restive and want to surrender just to get food/ electricity/ water- but formally they aren't allowed to think that way. Practically, everyone- US with Fallujah, Israel with Gaza, Syria in several places, ISIS in several places- does think that way.
"In some cases, it might be difficult to prove the specific intent to use starvation as a method of warfare, i.e., as “a weapon to annihilate or weaken the population”. However, if the outcome of impeding humanitarian assistance is obvious according to the ordinary course of events, the intention can be inferred. Military necessity cannot serve as a justification, as even during sieges or blockades relief operations must be allowed.".
And this certain case would most probably fall into "difficult to prove". Actually after the Rebels gratuitously produced data about local habits of throwing eggs and tomatoes for fun, one have to be an extremely brave lawyer to even try to rise an issue about possible starvation there. But as obvious to one who followed timeline, Ukrainian officials was saying no, and kept saying no to "Putin's convoy aid", not to "ICRC convoy aid". You cannot simply move some cargo, pretending to help (even left aside false claims of ICRC recognision) because you heard what somebody is in trouble, and demand to "let it go ASAP, better right now and unchecked, as "good sirs, we're in hurry"". If you'll let anyone to act like this - it would be a perfect exploit for a smugglers, or even attackers. One of main roles of ICRC was to prevent such exploits by mediation, so both sides can have more trust about it. One surely can send a help without bothering ICRC, and other side could happily let it go and take the aid if it see a source of aid as reliable and honest one. But receiving side also can refuse to take it, and ask it to be returned to sender if they somewhy feel that way. And it was the case at moment of Kharkov post arrival (putting false claims about ICRC back here).
Personally, I think war crimes are bunk as a concept. No one with any power ever gets charged, and the whole thing is political sop to make people feel better about bad things happening. So such considerations hold little weight for me personally.
*In a technical sense they've already committed them by using indiscriminate weapons in built up areas, at least. So have the rebels as well though, by parading prisoners etc.
"I dont care about it so much, so im the one who talk about it", ok. Up to you.
Hmm. Looks like we're have some problems here still. "Had I been in their position I would have simply said "yes, cross at Kharkov once the ICRC and inspections have been done". We're not talking about your possible actions on their positions here. We're talking about their actions i thought. But why not to try to write same stuff for 3-rd time indeed, with your own words now as guideline. If you would say, "Yes, i dont trust you from the start, but as i heard what ICRC had agreed to start negotiation process, what would result in a deal what will suit both sides - we're agree. Oh, you sayd you have settled all the stuff with them already, and they told what they will do routine what will meet our terms aswell, ok, nice, but ill just call theyr office to ensure if it actually happend. Oh, there a trucks beeping already at gates, but hey, i called them and they sayd what they actually have no idea what you talked about, and they didnt gave a supervision for a mission yet, and no, they have no idea what is in trucks yet, as they are only planning to start to preparing some general papers on a subject, right after coffee break. But hey, as im not Ukrainian official, im you, so surely ill happily ignore a weird lie from your side, what you pretending as ICRC aid, while it's not, so no problem, let just wait for ICRC to make your claim looking reasonable and forget the story entirely!" Well, there was Ukrainian officials instead of you, and way they had reacted on it looked way more reasonable than this. If one is intentionally lie, and it so easily verified, and one wasnt trusted from start, there is even less reason to trust later. So when proposed ICRC negotiation had actually performed (2 days after convoy pretending to be of ICRC initially arrived) the entry path was changed. All 3 sides looks to agree with it and comply initially. So i still wonder, why you pretend to call unnecessarily early arrival of convoy as intentional delay? If you have a plane ticket for a 20-th, but arrive at airport at 16-th, and refused a boarding on a plane in result, you will say what airport crew intentionally delay your trip, for no reason preventing you from free pass due to such small and unimportant problem? And in this certain case you can even add a fact of not matched name and surname on your ID and actual ticket for the future. About "intentional slowness" you're implying. For example Russian custom, what is situated in a safe calm places are not ashamed to check a regular cargo for some months sometimes. As we know, conditions there was far from ideal. Its possible what Ukrainian custom officers also less trained and competent than Russian ones, so it could add to it. All sides agreed on terms of checking the cargo as i got, so the idea of "oh, @#$#@#%, we're just go, slowpokes, outta way!" looks pretty suspicious. Indeed, if Russian side was actually cared to have a maximally fast and effective delivery, they had to send a convoy to a goodly equipped border pass (Kharkov one), instead of heavily shelled (Izvarino), and only after getting official confirmed recognition from ICRC, what would ensure to have own representatives at aforementioned pass at time of convoy arrival (or even better slighlty earlier), with Ukrainian side also confirmed what they're ready and await too, with deployed own custom officers there. Why on Earth Russia decided to instead perform that mockery what happend in reality is surely is unknown for me, despite i can have some own uneducated guesses about it. Why you're decided to blame Ukraine for that stuff surely is unknown for me too, though i can have some own uneducated guesses about it again. I wouldnt write it for 4-th time, as i have to lower the style of explanation with any iteration, hoping to make it easier to get in vain, when it would be need to be explained on a kid's level, im surely would pass, sorry.
On war crimes you've misread. I gave that solely as the reason the Ukrainians could not just say no and keep saying no, as that would open them up to war crimes accusations* because you aren't allowed to starve civilians in a siege situation any more- see accusations against Assad in Syria as an example. That is why they ultimately had to give a qualified theoretical yes to the Russian convoy crossing even if they practically wanted it delayed as much as possible. A hungry/ thirsty population is a military advantage to Ukraine as it means that resources have to be expended getting food, rebels have to go with less and a pressured population may become restive and want to surrender just to get food/ electricity/ water- but formally they aren't allowed to think that way. Practically, everyone- US with Fallujah, Israel with Gaza, Syria in several places, ISIS in several places- does think that way.
"In some cases, it might be difficult to prove the specific intent to use starvation as a method of warfare, i.e., as “a weapon to annihilate or weaken the population”. However, if the outcome of impeding humanitarian assistance is obvious according to the ordinary course of events, the intention can be inferred. Military necessity cannot serve as a justification, as even during sieges or blockades relief operations must be allowed.".
And this certain case would most probably fall into "difficult to prove". Actually after the Rebels gratuitously produced data about local habits of throwing eggs and tomatoes for fun, one have to be an extremely brave lawyer to even try to rise an issue about possible starvation there. But as obvious to one who followed timeline, Ukrainian officials was saying no, and kept saying no to "Putin's convoy aid", not to "ICRC convoy aid". You cannot simply move some cargo, pretending to help (even left aside false claims of ICRC recognision) because you heard what somebody is in trouble, and demand to "let it go ASAP, better right now and unchecked, as "good sirs, we're in hurry"". If you'll let anyone to act like this - it would be a perfect exploit for a smugglers, or even attackers. One of main roles of ICRC was to prevent such exploits by mediation, so both sides can have more trust about it. One surely can send a help without bothering ICRC, and other side could happily let it go and take the aid if it see a source of aid as reliable and honest one. But receiving side also can refuse to take it, and ask it to be returned to sender if they somewhy feel that way. And it was the case at moment of Kharkov post arrival (putting false claims about ICRC back here).
Personally, I think war crimes are bunk as a concept. No one with any power ever gets charged, and the whole thing is political sop to make people feel better about bad things happening. So such considerations hold little weight for me personally.
*In a technical sense they've already committed them by using indiscriminate weapons in built up areas, at least. So have the rebels as well though, by parading prisoners etc.
"I dont care about it so much, so im the one who talk about it", ok. Up to you.
Post edited August 25, 2014 by DarzaR