EXPLAINER: Ukraine shows how not all ”invasions” are equal

When Russian President Vladimir Putin placed official forces to cross the Ukrainian border into a region controlled by a separatist supported by Russia, the White House initially stopped calling it invasion. Which changed on Tuesday, and the main allies in Europe joined the word Putin had passed the red line.

“This is the beginning of the Russian invasion to Ukraine,” President Joe Biden said.

NATO Secretary General Jens Stoltenberg is equally explicit.

“We saw last night that Russian troops further moved to Donbas to be several parts of Donetsk and Luhansk,” he said on Tuesday, referring to two regions of Ukraine’s East Donbas region controlled by Russian-supported separatists. “What we see now is that the state that has invaded is to suffer further invasion.”

But not all invasions are seen as the same.

Asked whether Putin’s decision to send what he called “peace” numbered the invasion, European Union’s foreign policy head, Josep Borrell, said, “I will not say it is a full invasion, but Russian forces in the land of Ukraine.”

The use of the term “invasion” is important in this case because it sets the stage for what according to Biden can be many waves of economic sanctions, coordinating with NATO allies and other countries that view Putin aggression as violations of international law and threats to order in Europe.

Sanctions are the main western tool to push back because they have ruled out taking Russia in a military.

What happens on the ground in Ukraine?

The picture is not pleasant and not completely clear.

Putin on Monday said Russia recognized the independence of the rebel regions “on the borders that existed when they proclaimed” their independence in 2014. It is a region held by Ukrainian forces. Putin also issued a decision that passed the use of what he called peace in the region, even though Russian officials did not confirm that the troops had crossed the border on the decision.

Separately, Russian Parliament members gave Putin’s permission to use the military abroad, raising concerns about a large invasion, including operations aimed at bringing down the Kyiv government.

Is this an invasion?

It’s hard to see this as something other than the invasion, even though people can argue about terminology. Disagreement will fade if, as expected, Putin launched a full-scale offensive to overthrow Kyiv.

Biden said his party opposed logic to think Putin had taken a broad military preparation, including placing more than 150.00 troops on the border and moving blood supply to other regions besides attacking neighbors.

“You don’t need blood unless you plan to start the war,” said Biden.

Mary Ellen O’Connell, a law professor of Notre Dame and an international law expert and the use of strength, said every national border intersection with military forces violated the law, even if it was called something other than the invasion.

“A valid response is measured by the scale and effect of the attack,” he said. “Using the power to control the entire country, displacing loyal government and military forces for that is the most extreme form of violation.”

What is the initial response of Washington?

After Putin described his thoughts Monday for recognizing the independence of the Donetsk and Luhansk regions, the official end of the White House around the question of whether Putin’s actions were military invasion.

The official said Russian forces had been operating in the rebels for eight years without admitting it.

“Now Russia is likely to operate openly in the region, and we will respond thus,” the official said.