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At a CDDRL weekly seminar, American University Political Scientist Keith Darden examined how the Russian-Ukrainian war is reshaping European institutions. The talk was part of the REDS seminar series, organized in partnership with The Europe Center and the Hoover Institution. While some expected that heightened military threats would drive greater European Union (EU) unity and integration, Darden argued that the war is instead reinforcing national institutions and re-nationalizing Europe.

First, the war has shifted power dynamics within the EU, strengthening newer member states, particularly those from post-enlargement waves in Eastern Europe. Unlike older Western European members, these states do not share the post-WWII commitment to anti-nationalism that has underpinned European integration. Countries such as Poland and Hungary have adopted nationalist policies that challenge the EU’s foundational ideals, treating European regulations as discretionary rather than binding. This shift has weakened the EU’s ability to act as a unified political entity.

Second, while the war has spurred European military rearmament, this has occurred along national rather than EU-wide lines. Defense spending has surged across the continent, yet procurement remains fragmented, with countries prioritizing domestic industries and bilateral agreements over collective EU initiatives. Military aid to Ukraine, rather than being coordinated by European institutions, has largely been managed through U.S.-led bilateral mechanisms. This reflects the EU’s limited role in security policy. Historically, existential threats have led to fiscal centralization—the concentration of taxation and spending powers at a higher level of government to fund collective defense. However, the EU is restricted by its treaties from directly allocating budgeted funds for military expenditures, limiting its ability to centralize security coordination or build stronger institutional frameworks in response to the war.

Third, the war has heightened national identity politics across Europe, further undermining European integration. Instead of fostering a shared European identity, the conflict has reinforced national distinctions. In Ukraine, the war has fueled policies emphasizing language, media control, and historical narratives rooted in nationalism. Within the EU, it has led to unilateral trade restrictions, violations of Schengen rules, and disputes over migration policies. These trends have strengthened sovereignty-based decision-making at the national level rather than pushing Europe toward deeper federalism.

Darden situated these findings within broader theories of state-building. Drawing from bellicist theories, he explained that war has historically driven state-building by centralizing fiscal capacity and consolidating power. However, unlike past cases where war led to greater political integration, the EU remains structurally constrained by its reliance on voluntary market-based cooperation rather than centralized security imperatives. Kelemen and McNamara (2022) argue that the EU’s fragmented institutional development results from the absence of war-induced fiscal consolidation. Even with the return of war to Europe, integration has not accelerated; instead, security responses have remained decentralized, with national governments taking the lead.

Darden concluded that the war is reinforcing the dominance of the nation-state rather than strengthening the EU as a collective entity. Despite increased military spending, European defense remains disjointed, and the war’s institutional impact is shaped by national identities, security alternatives, and EU governance constraints. Far from unifying Europe, the war may ultimately weaken the post-WWII European project.

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Yoshiko Herrera presented her research in a REDS Seminar co-hosted by CDDRL and TEC on January 16, 2025.
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Identities and War: Lessons from Russia’s War on Ukraine

Political Science scholar Yoshiko Herrera examines how identity shapes the causes, conduct, and consequences of war, especially in the wake of Russia’s invasion of Ukraine.
Identities and War: Lessons from Russia’s War on Ukraine
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American University Political Scientist Keith Darden examines how the Russian-Ukrainian war is reshaping European institutions.

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Aerial Drone Flyby Shot in Kyiv - Biggest National flag of Ukraine. Aerial view. Spivoche Pole, Kiev Aerial shot of the Motherland Monument and the Biggest National Flag of Ukraine in Kyiv, Ukraine, photographed prior to February 24, 2022. Oleksandr Tkachenko, Getty Images

February 24 marks the third anniversary of Russia's full-scale invasion of Ukraine in 2022. Though Ukraine has won many battles, the war for Ukraine’s right to exist as an independent, democratic nation rages on at a very steep human cost.

To commemorate this important day for Ukraine and the world, the Center on Democracy, Development and the Rule of Law is honored to host a panel of high-profile Ukrainian leaders currently based in Kyiv for a discussion of the impact of the war on daily life, the global democratic order, and Ukraine's future.

The panel will be introduced by Kathryn Stoner, the Mosbacher Director of the Center on Democracy, Development and the Rule of Law, and moderated by Michael McFaul, Director of FSI, the Ken Olivier and Angela Nomellini Professor of International Studies in the Department of Political Science, and a former U.S. ambassador to Russia.

Lunch will be available for in-person attendees. For those unable to join us in person, a livestream of the panel will be available via Zoom.

Meet the Panelists

Oleksiy Honcharuk

Oleksiy Honcharuk

Former Prime Minister of Ukraine
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Oleksiy Honcharuk served as the 17th prime minister of Ukraine from 2019-2020, during which time he introduced important policy initiatives in Ukraine including the institution of business privatization processes, efforts to combat black markets, and the launch of the Anti-Raider Office to respond to cases of illegal property seizures. Prior to serving as prime minister, Honcharuk was deputy head of the Presidential Office of Ukraine and was a member of the National Reforms Council under the president of Ukraine. In 2021, he was the Bernard and Susan Liautaud Visiting Fellow at the Freeman Spogli Institute for International Studies (FSI).

Serhiy Leshchenko

Serhiy Leshchenko

Advisor to President Volodymyr Zelenskyy's Chief of Staff
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Serhiy Leshchenko is formerly a journalist with Ukrainska Pravda and member of Ukrainian Parliament (2014-2019). He first rose to political prominence during Ukraine’s 2014 Maidan Revolution, and has continued to serve in government and civil society since. He is an advisor to President Volodymyr Zelenskyy’s chief-of-staff, working and living in the governmental bunkers during the start of Russia's invasion and siege on Kyiv in 2022. He is an alumnus of the 2013 cohort of the Draper Hills Summer Fellows program (now the Fisher Family Summer Fellows Program) at FSI’s Center on Democracy, Development and the Rule of Law at Stanford University.

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Oleksandra Matviichuk

Founder of the Center for Civil Liberties
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Oleksandra Matviichuk is a human rights advocate and founder of the Center for Civil Liberties, which was recognized as a co-recipient of the 2022 Nobel Peace Prize. The mission of the Center for Civil Liberties is to protect human rights and establish democracy in Ukraine and the OSCE region. The organization develops legislative proposals, exercises public oversight over law enforcement agencies and judiciary, conducts educational activities for young people, and implements international solidarity programs. Matviichuk was a visiting scholar from 2017-2018 with the Ukrainian Emerging Leaders Program at the Center on Democracy, Development and the Rule of Law.

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Oleksandra Ustinova

Member of the Verkhovna Rada, Ukraine's Parliament
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Oleksandra Ustinova is a member of the Verkhovna Rada, Ukraine's parliament. Since the beginning of Russia's invasion in 2022, she has met repeatedly with lawmakers in the United States to advocate on behalf of Ukraine, including an address before the U.S. House of Representatives on February 28, 2022. Prior to her government service, Ustinova was the head of communications and anti-corruption in healthcare projects at the Anti-Corruption Action Center (ANTAC), one of the leading organizations on anti-corruption reform in Ukraine. She was a visiting scholar with the Ukrainian Emerging Leaders Program at the Center on Democracy, Development and the Rule of Law from 2018-2019.

Kathryn Stoner
Kathryn Stoner
Michael A. McFaul
Michael McFaul

In-person: Bechtel Conference Center (Encina Hall, First floor, 616 Jane Stanford Way, Stanford)

Virtual: Zoom

Members of the media interested in attending this event should contact fsi-communications@stanford.edu.

Oleksiy Honcharuk Former Prime Minister of Ukraine
Serhiy Leshchenko Advisor to Ukrainian President Vlodomyr Zelenskyy's chief of staff
Oleksandra Matviichuk Founder of the Center for Civil Liberties, 2022 Nobel Peace Prize recipient
Oleksandra Ustinova Member of Verkhovna Rada
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In a recent REDS Seminar, co-sponsored by CDDRL and The Europe Center, University of Wisconsin-Madison Professor of Political Science Yoshiko Herrera examined the role of identity in shaping the causes, conduct, and impact of Russia’s invasion of Ukraine.

Based on the groups they align themselves with, Herrera explained, individuals hold collective memories and similar interpretations of a shared past. These memories and interpretations are often central to our understanding of wars. In the Russian context, the narrative of humiliation by the West in the 1990s and the urge to show strength against NATO expansion fueled Russia’s violent drive to assert its national identity.

During conflict, identity is central to an individual’s assessment of who is an ally or enemy. According to the social identity theory, humans cooperate more within their ingroups than outgroups, or those they perceive as different. Importantly, it can be difficult to determine which identity markers prevail the most. Although identity is often viewed through the limited lens of ethnicity, factors like nationality, religion, or gender can anchor group cohesion. In Ukraine, for example, a concept of national identity has unified people across other markers, such as ethnicity. The fundamental denial of Ukraine’s national identity has been central to Putin’s devastating invasion of the country.

Group alignment, moreover, continues to affect political attitudes throughout a war, affecting, for instance, how invested the masses are in victory. The perception of a conflict as an assault on identity tends to deepen the public’s personal investment in that conflict, as evidenced by Ukraine’s high military mobilization since the onset of the war.

Identity is not only a driver of conflict; it also is a dependent variable, or a domain that is shaped by the experience of war. In Ukraine, a cohesive national identity has strengthened in reaction to Russia’s devastating aggression. Language, a crucial dimension of identity, demonstrates this pattern; as of 2023, 82% of Ukrainians identify Ukrainian as their “native tongue,” compared to only 57% in 2012. There has been a rapid evolution in how Ukrainians view themselves, extending beyond what even the most ardent nationalists could have hoped for a decade ago.

It is not just policy considerations and pragmatism that propel the decisions of political leaders; abstract and ever-evolving concepts of identity are motivating forces behind conflicts. Herrera’s research recognizes identity as a key factor influencing war, with the power to uniquely mobilize the masses. In the face of conflict, identities can change and strengthen; Russia’s construed narratives of national identity fuel its war conduct, while in Ukraine, there has been a corresponding maturing of a unified national identity. The role of identity in all aspects of conflict must not be underplayed, as it is manipulated by and motivates political leaders, especially in times of war.

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Political Science scholar Yoshiko Herrera examines how identity shapes the causes, conduct, and consequences of war, especially in the wake of Russia’s invasion of Ukraine.

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A warming planet. Backsliding in democracy at home and abroad. Competition with China. And active war in Europe. Broadening conflicts in the Middle East.

The world today is facing no shortage of overlapping, multilateral challenges. At a recent panel titled, “Global Threats Today: What's At Stake and What We Can Do About It,” scholars from the Freeman Spogli Institute for International Studies (FSI) had an opportunity to delve deeper into what the data says about how these global threats are evolving, and how we should be thinking about how to address them.

The discussion, which was held as part of Stanford University's 2024 Reunion and Homecoming weekend, was moderated by Michael McFaul, director of the Freeman Spogli Institute, and featured Marshall Burke, Didi Kuo, Amichai Magen, Oriana Skylar Mastro, and Steven Pifer.

In the highlights below, each scholar shares what they wish people understood better about climate change, the war in Ukraine and Russia's aggression, China's strategy for building power, the health of American democracy, and how the fighting between Israel and Hamas fits into the geopolitical struggle between democracies and autocracies.

Their full conversation can be heard on the World Class podcast, and the panel can be watched in its entirety on YouTube.
 

Follow the link for a full transcript of "Global Threats Today: The 2024 Edition."


Illiberal Actors Are on the Move  |  Amichai Magen


Around the world, we are seeing a new axis of influence coalescing. Some have called it the "axis of misery" or the "axis of resistance." It is composed of Russia and Iran and North Korea, with a lot of Chinese involvement as well. It is transforming our international system in unbelievable ways. It is united by the desire to dismantle the liberal international order, and we're starting to see the nature and the interconnectivity of this new axis of chaos much more clearly. 

You see North Korean soldiers fighting for Putin in Ukraine. You see Putin helping the Houthis attack international Western shipping in Yemen. We see North Korean tunnel technology turn up in Lebanon with Hezbollah and then with Hamas in Gaza. The interconnectivity is something that we really need to know much more about.

Historically, emperors, kings, dukes, used to spend 50% of their resources on preparing for war or waging war. But in the post-Second World War era, we built a critical norm that we've called the liberal international order. And the miracle of the liberal international order is that we've managed to take global averages of defense spending from about 50% to a global average of about 7%. And the resulting surplus wealth has allowed us to invest in education, health, and scientific discovery.

What is at stake now is the possibility of a return of a norm where states are destroyed and disappear. And we have currently three states in the international system, at the very least — Ukraine, Israel and Taiwan — that are at risk of annihilation. To that end, we must articulate a positive strategic vision for the Middle East that will strive towards a two state solution, that would give the Palestinian people the dignity and the freedom that they deserve alongside a safe and secure Israel, and that will leverage the new spirit of cooperation that exists in the Middle East.

If we allow the norm of the non-disappearance of state to erode and collapse, we will go back to the law of the jungle, where we will have to spend so much more money on the wrong things. That is what is at stake in Ukraine, in the Middle East, and with Taiwan.
 

Amichai Magen

Amichai Magen

Visiting Fellow in Israel Studies at the Freeman Spogli Institute
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Challenges to Democracy Come From Within |  Didi Kuo


Many people think that the threat to democracy comes from outside our borders, particularly from countries like Russia and China that are asserting themselves in new and aggressive ways.

But the real threat to democracies that we're seeing across the globe is coming from within. Leaders come to power through democratic means, but then they begin to erode power from within. They attack the electoral system and the process of democratic elections, and they take power from other branches of government and aggregate it to themselves within the office of the executive. 

The good news is there are examples of countries like France, Brazil, and Poland where illiberal leaders have been stopped by pro-democracy coalitions of people who came together. These coalitions don't necessarily agree with each other politically, but they've come together and adapted in order to foreclose on these anti-democratic forces. 

That flexibility and adaptability is the reason democracies succeed. We see this over and over again in the the United States. When our institutions have become out of date, we've changed them. We extended suffrage, first to Black Americans who were formerly enslaved, then to women, then to Native Americans. We eliminating poll taxes and rethought what it means to have a multiracial democracy. We have a long track record of making changes.

Today in 2024, some of our democratic institutions are antiquated and don't reflect our contemporary values. This is a moment where we should lean into that flexible strength of democracy and think about institutional reforms that will both strengthen our system against illiberal creep and help us better achieve the ideals that we aspiring to as a people.
 

Didi Kuo

Didi Kuo

Center Fellow at the Center on Democracy, Development, and the Rule of Law
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Ukraine Is Not Fated to Lose |  Steven Pifer


There's a narrative that's taking place that Russia is winning the war, Ukraine is losing, and it's only a matter of time. And it is true that Russia has captured a bit more territory than they occupied at the start of the year. But they've only achieved that at enormous cost.

As of September, the Pentagon says Russia had lost 600,000 dead and wounded soldiers. To put that in context, in February of 2022 when this major invasion began, the total Russian military — not just the army, but the total Russian military — was 1.1 million people. And the British Ministry of Defense earlier this week assessed that Russia now is losing 1,200 soldiers killed or severely wounded per day. You have to ask how long that's sustainable.

When I talk to Ukrainians, they still regard this war as existential. They're very determined to win, and we need to do a better job of supporting that. A stable and secure Europe is vital to America's national security interests, and you're not going to have a stable and secure Europe unless there's a stable and secure Ukraine. So we need to both provide them the weapons they need and relieve some of the restrictions we currently have and allow the Ukrainians to use those weapons to strike military targets in Russia.

Because we have to ask ourselves: what does an emboldened Vladimir Putin do if he wins in Ukraine? I don't think his ambitions end with Ukraine, perhaps not even with the post-Soviet space. There's going to be a much darker Russian threat hovering over Europe if Putin wins. So let's not count the Ukrainians out.
 

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Steven Pifer

Affiliate at the Center for International Security and Cooperation and The Europe Center
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China Isn't Going Away Anytime Soon  |  Oriana Skylar Mastro


There is a lot of discussion right now about the fact that the economy in China is slowing down and its demography is undergoing significant changes. What I'm here to tell you is that the challenge of China is not over, and is not going to be over any time soon. China has built power in a different way than the United States, and we have to reassess how we understand that power if we want to effectively deter, blunt, and block them from acting out in ways that threaten our partners and allies.

Since the 1990s, China has developed a significant amount of political, economic, and military power. They've gone from having an economy smaller than France’s  to the second largest in the world. They've gone from not being involved in international institutions to a great degree, not even having diplomatic relations with major countries like South Korea, to now having stronger and greater diplomatic networks, especially in Asia, than the United States.

What we really need to understand is that the U.S.-China competition is not about the United States or about China; it's about the rest of the world, and how the rest of the world sees us and how China interacts with us. The balance of power is shifting, and we have to be a lot smarter and a lot faster if we want to make sure it shifts in favor of our interests.

The United States hasn't had a comprehensive strategy towards the developing world in a long time. And we are running out of time to get that balance right in Asia. We don't have the right stuff. We don't have it in the right numbers, and it's not in the right place. Some of this is about deterring war over Taiwan, but it's also about generally maintaining peace and stability in Asia.
 

Oriana Skylar Mastro

Oriana Skylar Mastro

FSI Center Fellow at the Asia-Pacific Research Center and the Center for International Security and Cooperation
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We're Doing Better (But Not Enough) on Climate Change |  Marshall Burke


Many people don't recognize how much progress we're actually making on climate issues. Emissions have fallen by 20% since 2005. We're actually speeding up the amount of substantial progress being made in reducing greenhouse gas emissions and dealing with the core climate change problem, which is the human emission of greenhouse gasses.

In the United States, the Inflation Reduction Act and the subsequent implementation of various rules the Biden administration has championed has given a huge boost in transitioning our economy to greener energy technologies, transportation technologies, and other kinds of infrastructure. We're moving a lot of cash to get that done, and the president is trying to get as much of it out the door as he can before his term ends.

Globally, the progress has been less rapid. Emissions are roughly flat. But overall, we're still making progress. I co-teach an undergraduate class on climate change, and we've had to update our slides on how much warming we're expecting over the next century. We thought it was going to be four degrees Celsius. Now we think it's going to be something between two and three degrees Celsius.

But the flip side of that is that we're still going to get warming of two to three degrees Celsius. We're already experiencing warming of about a degree Celsius, which is about two degrees Fahrenheit, and it's projected that we're going to get another three to five degrees Fahrenheit by the end of the century. That is a lot of warming, and we are not prepared to deal with it. We need to do much more on mitigation and much more on adaptation if we're going to meet the realities of living in a changing climate.

So we've had progress on the one hand, but there's still a lot of work left to do in the coming decades.
 

Marshall Burke

Marshall Burke

Deputy Director of the Center on Food Security and the Environment
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At a panel during Stanford's 2024 Reunion weekend, scholars from the Freeman Spogli Institute for International Studies shared what their research says about climate change, global democracy, Russia and Ukraine, China, and the Middle East.

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Russia’s war in Ukraine has been roundly condemned in the West. NATO members have continued to supply Ukraine with weaponry while the EU, US and their allies have ensured that the Russian economy remains under the most extensive and intensive set of sanctions in history. Yet many leaders of countries in the global south have been far more hesitant to condemn Russian actions. Some have merely abstained in United Nations resolutions criticizing Russia, while others have remained neutral. This paper will endeavor to explain why the global south has such a different perspective from the global north on Russia’s war in Ukraine. I argue that this is a result of America’s withdrawal from the global south over the last two decades and Russia’s reemergence in many parts of the Middle East, Sub Saharan Africa, Latin America and Asia.

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Does Attorney-Client Privilege Put Some People Above the Law? Lecturer Erik Jensen and Stanford Law and Policy Lab students Sarah Manny and Kyrylo Korol expose how attorney-client privilege can undermine the rule of law.

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Political scientist Kathryn Stoner is the Director of the Center on Democracy, Development and the Rule of Law (CDDRL) at Stanford and an authority on Russian/Ukrainian politics.

She says views on the current war depend on which side someone is on: Many Russians and their leader Vladimir Putin say Ukrainians are Russians and have been since the 10th century. Ukrainians strongly disagree, likening the two nations to the U.S. and Great Britain. How the present conflict is resolved has important implications for other former Soviet states and the future of the European Union, as Stoner tells host Russ Altman on this episode of Stanford Engineering’s The Future of Everything podcast.

Full transcript available from Stanford Engineering.

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How the present conflict plays out has important implications for other former Soviet states and for the future of the E.U., says political scientist Kathryn Stoner.

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Many of us go to law school interested in public policy as well as in law, but it is a rare opportunity when students get to do legal research, write a policy report—and present that report to decision-makers in Washington, D.C. For those of us enrolled in Policy Practicum: Regulating Legal Enablers of Russia’s War on Ukraine, our experience went beyond learning theory and skills. The research class provided a platform to support the fight for justice globally and to reiterate the importance of lawyers in safeguarding democracy. And for one of us, it was also the opportunity to aid his own country, Ukraine, and its people in an existential war and to ensure that the voices of people from afar are heard and considered.

As Russia’s illegal war in Ukraine dragged into its third year, we were part of a group of Stanford Law School students researching how U.S.-based policy solutions could contribute to Ukraine’s war effort. In the policy lab, Professor Erik Jensen led students through two quarters of work to develop a policy report on the problem of legal professionals helping to evade sanctions (lawyer-enablers) in the context of the war in Ukraine. The policy lab’s client was the International Working Group on Russian Sanctions at Stanford’s Freeman Spogli Institute for International Studies, led by Professor Michael McFaul, former U.S. ambassador to Russia.

Read the full article in Stanford Lawyer.

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Stanford Law School students research and advocate for stronger regulation of lawyer-enablers of Russian sanctions evasion, led by professor Erik Jensen.

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In a CDDRL seminar series talk, Michael C. Kimmage, a professor of history at the Catholic University of America, discussed his recently published book, Collisions: The War in Ukraine and the Origins of the New Global Instability (Oxford University Press, 2024). The book argues that the war in Ukraine is not a singular conflict; it has three separate axes, making it a series of collisions, not a singular one.

The first axis of conflict is self-evident: Russia and Ukraine. The armies of these two countries are waging a war of attrition over ideas of nationhood.

The second axis, Kimmage explained, pertains to Russia and Europe. The European Union's 2009 Eastern Partnerships Program was meant to be a bureaucratic and procedural move. However, it effectively forced Ukrainian leadership to choose between Russia and Europe. In 2013, then-president Victor Yanukovych bowed to pressure from Moscow, choosing Russia and sparking the largest demonstrations since the Orange Revolution. This situated Europe as a key player in the conflict.

The third axis encompasses Russia and the US. While the US was not as involved in the conflict in 2013, by 2020, they were a key actor. Based on military spending and risks taken, the war in Ukraine appears to be an important agenda item for the Joe Biden administration. They see it as a precedent-setting conflict — both for European security architecture and the international order at large. It remains unclear how much the US general population still cares about the conflict, but interest remains high at the governmental level.

Russia, too, is invested in this axis. Their rhetoric suggests that there are two shell enemies and one real enemy in this war. Ukraine, they argue, is not a proper nation, and Europe is not a firepower to be taken seriously. The US, on the other hand, is presented in this vision as the mastermind behind these shell actors — that is, the enemy that matters.

The nuclear capabilities of these two nations supercharge this war, and having a transatlantic opponent globalizes it. What may be construed as regional or local conflict has firmly gone global. 

These three points of tension do not have the same origin, carry the same internal dynamics, and will not resolve themselves in the same way — making the war as complicated as it is.

The book draws four conclusions, which Kimmage reflected on and evaluated. The first is that the break between Russia and the West is profound and will be long-lasting. Putin has strategically created as autonomous a Russia as possible, cutting it off from the West. The Russian elite and society have been made complicit in the war, a barrier to normalizing future relations with the West.

He also argues that Ukraine will make its way into Europe. Sentiment, Kimmage believes, suggests Ukraine has already joined, while the humanitarian suffering has expedited the process. Institutional ties are also strengthening with growing intelligence sharing between Ukraine, Europe, and the U.S., as well as bilateral security agreements with countries like the UK and France.

This war, Kimmage believes, has also cast a shadow over peaceful Europe. There is now a major war in Europe, and the European project cannot be divorced from this fact. Finally, US engagement marks a turning point, a shift into a more active role in European politics both militarily and diplomatically. This engagement, however, could change with shifts in priorities in Washington.

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Michael C. Kimmage discussed his recently published book, "Collisions: The War in Ukraine and the Origins of the New Global Instability" (Oxford University Press, 2024), which argues that the war in Ukraine is not a singular conflict; it has three separate axes, making it a series of collisions.

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Lawyers represent a significant threat to the integrity of the U.S. sanctions regime. This report analyzes that threat in the context of Russia’s aggressive war against Ukraine. Sanctions, particularly individual sanctions, are a central weapon in the United States’ national security arsenal. This report recommends that Congress, federal agencies, and state bar associations implement a comprehensive regulatory regime for lawyers engaging in certain transactional work to ensure U.S. lawyers are no longer enablers of sanctions evasion.

This report recommends amending the Banking Secrecy Act (BSA) to subject financial transactional work completed by lawyers to the same anti-money laundering and anti-sanctions evasion requirements to which banks are subject. Lawyers would be required to verify the true identity of their clients when completing financial transactions on their behalf and file reports with the government on suspicious client activity. This requirement would prevent oligarchs from gaming the U.S. anti-money laundering (AML) system by using lawyers instead of banks for these transactions. Congress must also fully fund the agencies that would implement this new law: the Financial Crimes Enforcement Network (FinCEN), the Office of Foreign Assets Control (OFAC), and the Department of Justice (DOJ). FinCEN must issue comprehensive rules clarifying lawyers’ obligations under the BSA, and OFAC must amend its regulations to plug a critical gap in the current sanctions implementation framework. Finally, state bar associations must require that lawyers be trained on their new obligations.

This report begins with a description of the problem: oligarchic wealth, how that wealth supports Putin’s regime, and how U.S. lawyers enable sanctions evasion (Part I). It then gives an overview of the current regulatory landscape (Part II). Next, it presents how six other countries regulate lawyers as potential enablers of sanctions evasion and other crimes, including money laundering (Part III). Finally, it proposes a comprehensive legislative and regulatory regime to solve the lawyers-as-enablers problem (Part IV).

About the Law and Policy Lab

Under the guidance of faculty advisers, Law and Policy Lab students counsel real-world clients in such areas as education, copyright and patent reform, governance and transparency in emerging economies, policing technologies, and energy and the environment. Policy labs address problems for real clients, using analytic approaches that supplement traditional legal analysis. The clients may be local, state, or federal public agencies or officials, or private non-profit entities such as NGOs and foundations. Typically, policy labs assist clients through empirical evidence that scopes a policy problem and assesses options and courses of action. The methods may include comparative case studies, population surveys, stakeholder interviews, experimental methods, program evaluation or big data science, and a mix of qualitative and quantitative analysis. Faculty and students may apply theoretical perspectives from cognitive and social psychology, decision theory, economics, organizational behavior, political science or other behavioral science disciplines.

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Publication Type
Reports
Publication Date
Journal Publisher
Stanford Law School Law and Policy Lab, 2023-24 Spring
Authors
Erik Jensen
Kyrylo Korol
Sarah Manney
Katherine Viti
Lexi Curnin
Bryce Tuttle
Nathaniel Quigley
Tengqin (Max) Han
Garrett Walker
Frishta Quigley
Danny Sharp
Gabriel Bernardes
Moira Lieto
Gretchen Knaut
Book Publisher
Policy Practicum: Regulating Professional Enablers of Russia’s War on Ukraine (Law 809M)
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