Under existing law, Russia can send troops abroad only to defend
its citizens and allies, fight piracy or protect shipping routes.
Medvedev cited this law when he sent troops into the ex-Soviet state of
Georgia in August 2008 after Tbilisi launched a military assault on the
pro-Moscow rebel enclave of South Ossetia. But in the aftermath of the
five-day war, the Russian president urged changes in the legislation.
In November, Medvedev successfully amended the law to allow a
broadened range of "emergency situations" in which Russian forces could
be deployed abroad, but had to agree to a proviso which required him to
consult with the upper house of parliament, the Federation Council, who
would then make the final decision.
On Wednesday,
Medvedev made it clear that he would pursue a complete overhaul of the
law which gives the Federation Council the final say on sending troops
overseas. The Russian president now wants the decision to be his and
his alone.
Confusion over constitutional amendment
Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: Medvedev consulted the Council after the Georgia war
This proposed move
has caused concern amongst Kremlin opponents who claim that, as things
stand, Medvedev would have to amend the Russian constitution to allow
him to have control over foreign deployments.
Article 102 of the
Russian Constitution states that the president has to get parliamentary
approval each time - before or after - sending troops abroad.
In the case of Georgia, The Federation Council did not meet until after the war was over.
But Stanislav
Secrieru, a Caucasus and Russian security expert at the Center for East
European and Asian Studies in Bucharest, believes the constitution will
stay unchanged but a certain amount of manipulation may be needed.
"Medvedev is asking
for a blank check from the Federal Council for future operations," he
told Deutsche Welle. "The formulation of the request is quite
ambiguous, however. The constitutional law will stay the same but
Medvedev wants a free rein to take action whenever he wants. This
request will be granted as the Federal Council is full of supporters
but we don’t know what form this law will take. Medvedev will try and
respect the constitution and law as it is but will try and manipulate
the spirit."
Russia cites defense of citizens in Georgia war
Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: Russia says its mission in Georgia defended its citizens
The five-day war, the
first use of Russian troops abroad since the invasion of Afghanistan in
December 1979, caused widespread criticism in the West as many believed
that Russia had overstepped its constitutional law to protect and
defend its citizens and allies by pushing beyond South Ossetia and deep
into Georgia territory, bombing targets in the capital Tbilisi.
"In 2008, Medvedev
sent troops into South Ossetia and Georgia without consulting the
Federal Council," Secrieru said. "When there were questions about this
after the war, the Federal Council decided that Russia was not
deploying new troops but were increasing the level of troops already in
South Ossetia. So they used a judicial formula to cover up Medvedev’s
actions."
Nicu Popescu, a
Russia-Caucasus expert with the European Center for Foreign Relations,
also believes that the new plans for military control will help avoid
difficult questions of legality in future conflicts.
"This is not that
much about giving Medvedev more power, it's more about speeding up the
decision-making processes and giving the chief executive a legal
buffer," he told Deutsche Welle. "The Georgia action was technically
illegal as it went ahead without the Council's permission but this law
change would give Medvedev a way out of these kind of situations where
legislation could hold back decisions."
Medvedev's power play a warning to regional foes
Bildunterschrift: Großansicht des Bildes mit der Bildunterschrift: Could Medvedev launch a new Caucasus military adventure?
A number of Russia's
neighbors will be concerned that a new military doctrine where the
Russian president has carte blanche on independent military decisions
could lead to further interventions in the future. Stanislav Secrieru
believes that this is indeed the message Medvedev wants to send out but
is more likely to use his new powers as a deterrent rather than a
mechanism for conflict.
"This sends signals
to people like President Saakashvili of Georgia," he said. "Saakashvili
will have to understand that he won't be allowed to act again in South
Ossetia or Abkhazia. But the powers that Medvedev will get will not
discourage Saakashvili. It's the already deployed troops in South
Ossetia and Abkhazia which will discourage Saakashvili. The new law
will just tell him that Russia is prepared to act again if he oversteps
the mark."
Secrieru also said
that the law will be watched with concern in Ukraine, which already
expressed unease in November when the defense strategy was amended to
allow Russia to defend not only its citizens and allies but protect its
military bases. The Russian fleet at Sebastopol in the Crimea has
become a flash-point between Russia and Ukraine, and a Russian
president with new powers of deployment may not hesitate to protect the
Black Sea port if Kiev makes any move against it.
Popescu said that
Georgia will continue to be nervous in respect to Russia, South Ossetia
and Abkhazia and the new law won't help to ease their concern but it
could help to calm the rest of former Soviet states.
"Directly after
the war in Georgia, most states blamed Russia but in the last year,
most have changed their opinion, saying Georgia provoked Moscow,"
Popescu said. "The general feeling is that if they don't aggravate
Russia, they will be safe. With this new law, Georgia will remain in
line, Russia won't need to act and the region can maintain its uneasy
stability."
Author: Nick Amies
Editor: Rob Mudge
http://www.dw-world.de/dw/article/0,,5004308,00.html
