Kyiv

As some know, I teach a Comparative Privacy Law course at a local law school. Before my Monday night class, I was able to attend the tail end of a program on the invasion of Ukraine and why it matters. The student audience was engaged and the discussion robust. I spent the first few minutes of class discussing the current situation and my perspective. To me, this is a watershed moment. The invasion of Crimea and Donbas in 2014 was troubling, but not such a moment. At the risk of being trite or parochial, I am not from there. This current invasion is different, for the reasons stated in my last post. I am from Kyiv. The bombing yesterday near the Babyn Yar Memorial Monument, probably less than a mile from where I was born, (literally) hits really close to home. It is senseless, as is this misadventure, bereft of any end game, except to render Ukraine a vassal state of Russia. As evidenced by Maidan, the people of Ukraine do not and will react well to an occupation or a government imposed upon them, especially after having experienced democracy for the past thirty years. 

My last watershed moment was 9/11 (https://johnpavolotsky.com/2021/09/11/9-11-21/). For many, it was the George Floyd murder, which, to be sure, had a visceral impact on me.  A watershed moment, at least to me, impacts equilibrium, balance, firmly held beliefs.  Everyone has his, her, or their own watershed moments.  Mine might not be yours, and vice versa, but there is validity in each, and we need to be sympathetic and empathetic to each other’s watershed moments. Above all, this makes us human. 

Some of you might have watched the State of the Union address last night. It was a tale of two speeches, driven by the events of the last week. A Ukraine speech bolted onto a speech that was probably written some time ago. Biden’s speechwriters probably had no other choice.  I understand.  On Ukraine, there was little new: a Department of Defense taskforce to target the assets of Russian oligarchs and closing US airspace to Russian aircraft (something that Canada had done earlier).  Continued military, economic, and humanitarian aid is, of course, appreciated. Most recently, Biden authorized the release of an additional $350MM in military aid.  More will be required.  Some may argue that this is too little too late. Russia has already invaded, and the purpose of this and future disbursements will be to blunt the Russian attack, not to prevent it (assuming that was ever a possibility). In retrospect, Obama, Trump, and Biden could have done more, earlier, and I do not necessarily agree that our haphazard exit from Afghanistan emboldened, and served as the tipping point for, the decision to invade Ukraine (again). This was planned, at least in Putin’s mind, a long time ago. 

Biden is not a natural orator, but, having seen him speak previously, his message and resolve were clear. 

I have written to politicians on the need to support Ukraine on many levels. There are no sanctions on Russian oil or gas.  These are unlikely, for many reasons. So is a no fly-zone over Ukraine, which has the potential to create a hot war between the NATO and Russia. The provision of real-time intelligence, I am sure, would be welcomed. I do not disagree that a calm and steady hand is necessary at this time to counteract, and to stand in sharp contrast with, Putin’s erratic behavior.  At the same time, we must accelerate the serious consideration of all viable options, to help end this conflict. The future of Ukraine is and will be top of mind, but so should the situation on the ground in Russia, to help avoid the spawning of another Putin, if possible. I am not suggesting another Marshall Plan, but a broader mindfulness of the knock on effects on this crisis. 

The rest of #SOTU was wide-ranging and not without some good ideas and initiatives. To be sure, it will be costly, on many levels. 

On the ground, in Kyiv, infrastructure still seems to be generally intact. There is a refugee crisis, with more than 600,000 people displaced so far. Unfortunately, refugee crises are not unusual or unfamiliar, but each is a tragedy.  Some, if not many, will not return to Ukraine. I can imagine a five or six year old, now hundreds or thousands miles from home, who may write about this experience many years from now. Given my experience, the irony of this is not lost on me. I have donated to support the people of Ukraine. Consider doing so as well. 

I appreciate the outpouring of support from my friends on social media and strangers as well. I am a private person, but I felt compelled to share my story. However, it is not an entirely unique one; there are more than a few Ukrainian emigres in the United States, with a similar life trajectory. We are not alone. 

I saw the following post on one platform: “Kyiv is the Capital of Freedom”. In turn, I commented: “Having left Kiev when I was 5, when it was still part of the USSR, I would have never thought in a thousand years that Kiev would be the capital of freedom, but 43 years later here we are. I agree. We must stand united and be resolute.” It’s a mad world, but also an incredible time for self-determination. 

Last, but not least, I promise lighter fare to my readers, starting with a hike, of course. Stay tuned and comments welcomed.