The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Russia

Two Years of Writings on the Russia-Ukraine War

A compilation of my work on this topic, on the two-year anniversary of the start of Vladimir Putin's full-blown attempt to conquer Ukraine. Almost all of it remains relevant.

|

Russian armored vehicle in Ukraine. March 2022. (NA)

 

Today is the second anniversary of the start of Vladimir Putin's brutal effort to conquer Ukraine. While Russian aggression against Ukraine dates back to the seizure of Crimea and parts of the Donbass in 2014, the February 2022 invasion vastly escalated the conflict,  led to large-scale death and destruction, and—even worse—extensive atrocities committed by Russian forces.

This is an update of last year's February 24 post, compiling my writings about the conflict up to that time. There have been many more over subsequent year. I ended last year's post with the hope that Ukraine might win a decisive victory soon, but also stating "I fear I may be compiling another list like it a year from now." Sadly, that fear has come to pass.

In this post, I compile links to my writings about the conflict over the last two years. Many focus on the enormous refugee crisis it has triggered, as that is the aspect most closely related to my areas of expertise. But I have also written on a variety other issues related to the conflict.

Since the early days of the conflict, I have advocated that the US and other Western nations should open their doors to both Ukrainian refugees and Russians fleeing Vladimir Putin's increasingly repressive regime. Over time, I have become more and more convinced that the West should give Ukraine as much weaponry and supplies as possible, in order to push for the largest possible Ukrainian victory. The Ukrainians have done well militarily; their recent problems are largely a result of ammunition and supply shortages caused by slowdowns in US and other western aid. Russia's forces, for their part, have suffered heavy losses, are only modestly competent, and have poor morale and discipline. They can be beaten, if only the West is willing to make a fairly modest investment, much of which can be funded by confiscating Russian government assets in Western nations.

There are also large moral and strategic benefits to Ukrainian victory. The moral aspect is obvious—saving millions of people from oppression, atrocities, and mass murder at the hands of a brutal authoritarian regime. In addition, Ukrainian victory would give a boost to liberal democracy in its ideological struggle against authoritarian nationalism. Strategically, Putin's regime is one of the main enemies of the United States and the West. Any Russian forces damaged or destroyed in Ukraine are ones we don't have to face elsewhere. And a defeat for Russia is also the best hope for a more liberal, or at least hostile, government in that country.

Those who claim helping Ukraine is a diversion from countering China in the Pacific would do well to remember that our Asian allies—including Taiwan—believe helping Ukraine is in their strategic interest. They know that weakening Russia also weakens China (for whom Russia is a key ally), and that showing resolve in Ukraine helps deter China, as well.

I discuss many of these points—and others—in greater detail in various pieces linked below.

In the first part of this post, I compile links to writings on refugee and immigration issues.  In the latter part, I compile  links to other pieces. Unless otherwise noted, all of these pieces were published right here at the Volokh Conspiracy blog, hosted by Reason.

I list them in chronological order. If you just want to look at more recent pieces, simply scroll down!

I. Writings on Immigration and Refugee Issues

"Offer Asylum to Russian Soldiers Who Surrender," Mar. 1, 2022.

"Biden Grants Temporary Protected Status to Ukrainians in the US," Mar. 4, 2022

"How the Us Can Help Refugees (and Weaken Vladimir Putin)," New York Times, Mar. 8, 2022 (non-paywalled version here). This was probably my most widely read article about any issue related to the war.

"More on Offering Asylum to Russian Soldiers Who Surrender in Ukraine, Mar. 10, 2022

"US and Canada Expand Admission of Ukrainian Refugees," Mar. 24, 2022

"The Case for Opening Our Doors to Russians Fleeing Putin—as Well as Ukrainians," Mar. 27, 2022.

"By Accepting Ukrainian and Russian Refugees, Canada Can do Good and do Well," Globe and Mail, Apr. 12, 2022 (with Sabine El-Chidiac)

"Ukraine and Double Standards on Refugees," Apr. 24, 2022

"Biden Administration Takes Incremental Steps to Open Doors to Ukrainian and Russian Refugees," May 2, 2022

"A Double Standard Between Ukrainian and Afghan Refugees?," May 26, 2022

"New Wave of Russian Emigration is an Opportunity for the West—but One We Seem Likely to Flub," July 17, 2022

"Americans Should be Able to Sponsor Refugees Who Can Stay Permanently," Washington Post, July 18, 2022 (with Sabine El-Chidiac) (non-paywall version here)

"The Rise of Private Refugee Sponsorship," Aug. 6, 2022

"Don't Play into Putin's Hands by Barring Russians from the West—Instead, Let More in," Aug. 23, 2022

"Vladimir Putin's Partial Mobilization Order Strengthens the Case for Opening Western Doors to Russians Fleeing His Regime," Sept. 22, 2022

"Why (Most) Citizens Are Not "Responsible for the Actions of their State," Sept. 25, 2022. Critique of a common rationale for barring entry to Russians fleeing Putin's regime.

"Learning From People Who Vote with their Feet," Oct. 5, 2022. This piece explains what we can learn about the quality of Russia's government from the fact that large numbers of people are voting with their feet against it.

"Uniting for Ukraine Private Refugee Sponsorship Program Breaks Through Bureaucratic Red Tape," Nov. 27, 2022

"Russian Dissenters Fleeing Putin Often Face Abusive Immigration Detention Upon Arrival in the US," Nov. 30, 2022

"We Sponsored Refugees Under a New Biden Program. The Results Were Astonishing," Washington Post, Jan. 3, 2023 (non-paywall version here). This was probably my second-most influential piece on issues related to the war. It apparently led over 100 people to sign up as refugee sponsors in the Uniting for Ukraine program, according to data compiled by the Welcome.US sponsor matching site. I have since sponsored several additional Ukrainian migrants myself, and have helped other people become sponsors.

"Biden Expands Uniting for Ukraine Private Refugee Sponsorship Model to Include up to 30,000 Migrants Per Month from Cuba, Nicaragua, Venezuela, and Haiti," Jan. 5, 2023.

"Addressing Some Common Questions and Misconceptions About Uniting for Ukraine and Other Private Migrant Sponsorship Programs," Jan. 10, 2023

"Canada Grants Refugee Status to Russian Fleeing Conscription," Jan. 21, 2023

"Why Congress Should Pass a Ukrainian Adjustment Act," Feb. 22, 2023

"US Accepted 271,000 Ukrainians Over the Last Year—But Can Do Much Better," Mar. 15, 2023

"US Needs to Protect Ukrainian Refugees in the United States," Boston Globe, April 21, 2023 (non-paywalled version available here).

"Bipartisan Ukrainian Adjustment Act Introduced in Congress," June 15, 2023.

"Michael McFaul Makes the Case for Reaching out to the 'Russian Diaspora,'" June 26, 2023

"Biden Administration Extends Temporary Protected Status for Ukrainians in the United States," Aug. 18, 2023

I have also done a variety of podcasts and broadcast media interviews on migration and refugee issues arising from the war. For examples, see here, here, here, and here.

II. Writings on Other Issues Related to the War

"Law, Justice, and the Russia-Ukraine Conflict," Feb. 23, 2022 (post written just as the Russian attack began; I think it's still a helpful summary of the moral and legal issues at stake in the war).

"How to Fight Putin by Offering Russians 'a Million Little Carrots,'" Mar. 6, 2022

"Two Illiberal and Unjust Zelensky Policies the West Should Force Him to End," April 1, 2022. This drew more negative reactions than anything else I have written about the war. Still, I stand by it. Zelensky's government is vastly better than Putin's and deserves Western support in the war. But that doesn't justify overlooking its wrongs.

"The Case for Pursuing the Issue of Russian War Crimes in Ukraine—Even Though Putin is Highly Unlikely to Ever be Tried and Punished," April 10, 2022

"Law, Justice, and Russia's Attempted Annexation of Four Ukrainian Regions, Oct. 4, 2022

"The West Should Heed this Message from a Russian Prison," Feb. 16, 2023

"A Conflict Between Liberal Democracy and Authoritarian Nationalism: Implications of the Ideological Stakes in the Russia-Ukraine War," Feb. 24, 2023

"Russian Opposition Leader Vladimir Kara-Murza's Powerful Final Statement to the Court," Apr. 17, 2023

"International Criminal Court Issues War Crimes Arrest Warrant Against Vladimir Putin," Mar. 17, 2023

"Michael McFaul Makes the Case for Reaching out to the 'Russian Diaspora,'" June 26, 2023. This piece relates to both immigration and broader issues. Thus it appears in both sections.

"Those Who Support Israel Against Hamas Should also Back Ukraine Against Russia," Oct. 12, 2023

"Fund Ukraine's War Effort by Confiscating Russian Government Assets," Nov. 17, 2023. The importance of this issue is underestimated. The $300 billion in Russian government assets currently frozen in the West could, by itself, fund Ukraine's war effort for a long time to come.

"The GOP's Bogus Linkage Between Aiding Ukraine and 'Border Security,'" Dec. 12, 2023. This post is partly about issues at the US southern border, but it is not focused on refugees from the Ukraine war itself, and therefore fits in this category.

"US, Allies Consider Seizing Russian Government Assets and Giving them to Ukraine," Dec. 28, 2023

"Alexei Navalny, RIP," Feb. 16, 2024. Russia's most prominent opposition leader—recently murdered by Putin—understood the evil Putin's war on Ukraine.

"Tucker Carlson vs. the Evidence of Russians Voting with their Feet," Feb. 16, 2024. This relates to migration, too. But I put it in this part of the post, because it's more about how to assess Russia's government and society.

I hope the US and its allies bolster support to Ukraine, and the war reaches a successful resolution soon. But, once again, I fear I may end up posting another list like this in 2025.