Minsk Protocol

The Minsk agreements were a series of international agreements which sought to end the Donbas war fought between armed Russian separatist groups and Armed Forces of Ukraine, with Russian regular forces playing a central part. The first, known as the Minsk Protocol, was drafted in 2014 by the Trilateral Contact Group on Ukraine, consisting of Ukraine, Russia, and the Organization for Security and Co-operation in Europe (OSCE), with mediation by the leaders of France and Germany in the so-called Normandy Format. After extensive talks in Minsk, Belarus, the agreement was signed on 5 September 2014 by representatives of the Trilateral Contact Group and, without recognition of their status, by the then-leaders of the self-proclaimed Donetsk People's Republic (DPR) and Luhansk People's Republic (LPR). This agreement followed multiple previous attempts to stop the fighting in the region and aimed to implement an immediate ceasefire.

The agreement failed to stop fighting, and was thus followed with a revised and updated agreement, Minsk II, which was signed on 12 February 2015. This agreement consisted of a package of measures, including a ceasefire, withdrawal of heavy weapons from the front line, release of prisoners of war, constitutional reform in Ukraine granting self-government to certain areas of Donbas and restoring control of the state border to the Ukrainian government. While fighting subsided following the agreement's signing, it never ended completely, and the agreement's provisions were never fully implemented.

Amid rising tensions between Russia and Ukraine in early 2022, Russia officially recognised the DPR and LPR on 21 February 2022. Following that decision, on 22 February 2022, Russian President Vladimir Putin declared that the Minsk agreements "no longer existed", and that Ukraine, not Russia, was to blame for their collapse. Russia then invaded Ukraine on 24 February 2022.

Minsk Protocol

The Minsk Protocol was drawn up by the Trilateral Contact Group on Ukraine, which consisted of representatives from Ukraine, Russia, and the OSCE. The group was established in June 2014 as a way to facilitate dialogue and resolution of the strife across eastern and southern Ukraine. Meetings of the group, along with informal representatives of the breakaway Donetsk and Luhansk People's Republics, took place on 31 July, 26 August, 1 September, and 5 September 2014. The details of the agreement, signed on 5 September 2014, largely resembled Ukrainian president Petro Poroshenko's 20 June " fifteen-point peace plan".

Text of the protocol

The text of the protocol consists of twelve points:

# To ensure an immediate bilateral ceasefire.
# To ensure the monitoring and verification of the ceasefire by the OSCE.
# Decentralisation of power, including through the adoption of the Ukrainian law "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts".
# To ensure the permanent monitoring of the Ukrainian-Russian border and verification by the OSCE with the creation of security zones in the border regions of Ukraine and the Russian Federation.
# Immediate release of all hostages and illegally detained persons.
# A law preventing the prosecution and punishment of people in connection with the events that have taken place in some areas of Donetsk and Luhansk Oblasts.
# To continue the inclusive national dialogue.
# To take measures to improve the humanitarian situation in Donbas.
# To ensure early local elections in accordance with the Ukrainian law "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts".
# To withdraw illegal armed groups and military equipment as well as fighters and mercenaries from the territory of Ukraine.
# To adopt a programme of economic recovery and reconstruction for the Donbas region.
# To provide personal security for participants in the consultations.

Signatories

The following representatives signed the document:
*Swiss diplomat and OSCE representative Heidi Tagliavini
*Former president of Ukraine (July 1994 to January 2005) and Ukrainian representative Leonid Kuchma
*Russian Ambassador to Ukraine and Russian representative Mikhail Zurabov
*Rebel heads Alexander Zakharchenko and Igor Plotnitsky

Follow-up memorandum

In the two weeks after the Minsk Protocol was signed, there were frequent violations of the ceasefire by both parties to the conflict. Talks continued in Minsk, and a follow-up to the Minsk Protocol was agreed to on 19 September 2014. This memorandum clarified the implementation of the Protocol. Amongst some of the peacemaking measures agreed to were:

* To ban flights by combat aircraft over the security zone
* To withdraw all foreign mercenaries from the conflict zone
* To ban offensive operations
* To pull heavy weaponry back on each side of the line of contact, creating a buffer zone
* To task the OSCE Special Monitoring Mission to Ukraine with monitoring implementation of Minsk Protocol

Efficacy

After the follow-up memorandum, the Second Battle of Donetsk Airport broke out, and both parties continued to accuse each other of ceasefire violations.Ukraine rebels vow to take back cities
, Sky News Australia (23 October 2014) In late October, DPR prime minister and Minsk Protocol signatory Alexander Zakharchenko said that his forces would retake the territory they had lost to Ukrainian forces during a July 2014 offensive, and that DPR forces would be willing to wage "heavy battles" to do so. Subsequently, Zakharchenko said that he had been misquoted, and that he had meant to say that these areas would be taken through "peaceful means".

While campaigning in the lead-up to the 2 November elections held by the DPR and LPR in violation of the Protocol, Zakharchenko said "These are historical times. We are creating a new country! It's an insane goal".Donetsk People’s Republic campaign reveals shambolic tendencies
''Financial Times'' (23 October 2014) OSCE chairman Didier Burkhalter confirmed that the elections ran "counter to the letter and spirit of the Minsk Protocol", and said that they would "further complicate its implementation".

Speaking on 5 December, Russian foreign minister Sergey Lavrov said that the 2 November DPR and LPR elections were "exactly within the range in which they had been negotiated in Minsk", and that the Ukrainian parliament was supposed to pass an amnesty bill for DPR and LPR leaders after the Ukrainian parliamentary election in late October. According to Lavrov, closer monitoring of the Russo-Ukrainian border, as specified by the Minsk Protocol, could only take place after such an amnesty law was approved.Too early to discuss broader monitoring of Ukraine-Russia border - Lavrov
Interfax-Ukraine (5 December 2014) He noted that he thought that a Ukrainian presidential decree banning prosecution of Donbas separatist combatants was issued on 16 September, but said that "a bill has now been filed proposing to overturn" the decree.

Collapse

By January 2015, the Minsk Protocol ceasefire had completely collapsed. Following the separatist victory at Donetsk International Airport in defiance of the Protocol, DPR spokesman Eduard Basurin said that "the Minsk Memorandum will not be considered in the form it was adopted". Later in the day, DPR leader Alexander Zakharchenko said that the DPR "will not make any attempts at ceasefire talks any more", and that his forces were going to "attack right up to the borders of Donetsk region". ''The New York Times'' said that the ceasefire had "all but vanished".

Amidst increasing violence in the combat zone, another round of Minsk talks was scheduled for 31 January. Members of the Trilateral Contact Group travelled to Minsk to meet representatives of the DPR and LPR. The DPR and LPR signatories of the Protocol did not attend, and those representatives that did attend were not able to discuss the implementation of the Protocol or memorandum. These representatives asked for the revision of the Protocol and the memorandum. The meeting was adjourned with no result.

Minsk II, February 2015

Successive attempts to resolve the ongoing war in the Donbas region of Ukraine had seen no result by the start of February 2015. While the Minsk Protocol of 5 September 2014 did significantly reduce fighting in the conflict zone for many months, minor skirmishes continued. At the start of January 2015, the separatist forces of the Donetsk People's Republic (DPR) and Luhansk People's Republic (LPR) began a new offensive on Ukrainian-controlled areas, resulting in the complete collapse of the Minsk Protocol ceasefire.

After heavy fighting, DPR forces captured the symbolically important Donetsk International Airport on 21 January, the last part of the city of Donetsk that had been under Ukrainian control. Following this victory, separatist forces pressed their offensive on the important railway and road junction of Debaltseve in late January. This renewed heavy fighting caused significant concern in the international community. French president François Hollande and German chancellor Angela Merkel put forth a new peace plan on 7 February.

The Franco-German plan, drawn up after talks with Ukrainian president Petro Poroshenko and Russian president Vladimir Putin, was seen as a revival of the Minsk Protocol. President Hollande said that the plan was the "last chance" for resolution of the conflict. The plan was put forth in response to American proposals to send armaments to the Ukrainian government, something that Chancellor Merkel said would only result in a worsening of the crisis.

A summit to discuss the implementation of the Franco-German diplomatic plan was scheduled for 11 February at the Independence Palace in Minsk, the capital of Belarus. It was attended by Russian president Vladimir Putin, Ukrainian president Petro Poroshenko, German chancellor Angela Merkel, French president François Hollande, DPR leader Alexander Zakharchenko, and LPR leader Igor Plotnitsky. Negotiations went on overnight for sixteen hours, and were said to have been "very difficult" by the German foreign minister.

Following the talks, it was announced on 12 February 2015 that the parties to the conflict had agreed to a new package of peacemaking measures, the Package of Measures for the Implementation of the Minsk Agreements, which is commonly called Minsk II. Some of the measures agreed to were an OSCE-observed unconditional ceasefire from 15 February, withdrawal of heavy weapons from the front line, release of prisoners of war, and constitutional reform in Ukraine.

Text of the agreement

The full text of the agreement is as follows:

# Immediate and full ceasefire in particular districts of Donetsk and Luhansk oblasts of Ukraine and its strict fulfilment as of 00:00 midnight EET on 15 February 2015.
# Pull-out of all heavy weapons by both sides to equal distance with the aim of creation of a security zone on minimum apart for artillery of 100mm calibre or more, and a security zone of for multiple rocket launchers (MRLS) and for MLRS Tornado-S, Uragan, Smerch, and Tochka U tactical missile systems:
#* for Ukrainian troops, from actual line of contact;
#* for armed formations of particular districts of Donetsk and Luhansk oblasts of Ukraine, from the contact line in accordance with the Minsk Memorandum as of 19 September 2014The pullout of the above-mentioned heavy weapons must start no later than the second day after the start of the ceasefire and finish within 14 days.This process will be assisted by OSCE with the support of the Trilateral Contact Group.
# Effective monitoring and verification of ceasefire regime and pullout of heavy weapons by OSCE will be provided from the first day of pullout, using all necessary technical means such as satellites, drones, radio-location systems etc.
# On the first day after the pullout a dialogue is to start on modalities of conducting local elections in accordance with the Ukrainian legislation and the Law of Ukraine "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts," and also about the future of these districts based on the above-mentioned law.Without delays, but no later than 30 days from the date of signing of this document, a resolution has to be approved by the Verkhovna Rada of Ukraine, indicating the territory which falls under the special regime in accordance with the law "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts," based in the line set up by the Minsk Memorandum as of 19 September 2014.
# Provide pardon and amnesty by way of enacting a law that forbids persecution and punishment of persons in relation to events that took place in particular districts of Donetsk and Luhansk oblasts of Ukraine.
# Provide release and exchange of all hostages and illegally held persons, based on the principle of "all for all". This process has to end – at the latest – on the fifth day after the pullout (of weapons).
# Provide safe access, delivery, storage and distribution of humanitarian aid to the needy, based on an international mechanism.
# Define the modalities of a full restoration of social and economic connections, including social transfers, such as payments of pensions and other payments (income and revenue, timely payment of communal bills, restoration of tax payments within the framework of Ukrainian legal field).With this aim, Ukraine will restore management over the segment of its banking system in the districts affected by the conflict, and possibly, an international mechanism will be established to ease such transactions.
# Restore control of the state border to the Ukrainian government in the whole conflict zone, which has to start on the first day after the local election and end after the full political regulation (local elections in particular districts of Donetsk and Luhansk oblasts based on the law of Ukraine and Constitutional reform) by the end of 2015, on the condition of fulfilment of Point 11 – in consultations and in agreement with representatives of particular districts of Donetsk and Luhansk oblasts within the framework of the Trilateral Contact Group.
# Pullout of all foreign armed formations, military equipment, and also mercenaries from the territory of Ukraine under OSCE supervision. Disarmament of all illegal groups.
# Constitutional reform in Ukraine, with a new constitution to come into effect by the end of 2015, the key element of which is decentralisation (taking into account peculiarities of particular districts of Donetsk and Luhansk oblasts, agreed with representatives of these districts), and also approval of permanent legislation on the special status of particular districts of Donetsk and Luhansk oblasts in accordance with the measures spelt out in the attached footnote,The following measures are to be included in the Ukrainian law "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts":
* Freedom from punishment, harassment, and discrimination of persons connected with the events that took place in particular districts of Donetsk and Luhansk oblasts
* Right of language self-determination
* Participation of local self-government in the appointment of the heads of prosecutors' offices and courts in the particular districts of Donetsk and Luhansk oblasts
* The possibility for central executive bodies to conclude agreements with relevant local authorities on economic, social, and cultural development of particular districts of Donetsk and Luhansk oblasts
* The state will provide support for the socio-economic development of particular districts of Donetsk and Luhansk oblasts
* Assistance from central executive bodies for cross-border cooperation by particular districts of Donetsk and Luhansk oblasts with regions of the Russian Federation
* The freedom to create people's militia units by decision of local councils to maintain public order in particular districts of Donetsk and Luhansk oblasts
* The powers of local council deputies and officials, elected in early elections, appointed by the Verkhovna Rada according to this law, cannot be prematurely terminated by the end of 2015.
# Based on the Law of Ukraine "On temporary Order of Local Self-Governance in Particular Districts of Donetsk and Luhansk Oblasts", questions related to local elections will be discussed and agreed upon with representatives of particular districts of Donetsk and Luhansk oblasts in the framework of the Trilateral Contact Group. Elections will be held in accordance with relevant OSCE standards and monitored by OSCE/ ODIHR.
# Intensify the work of the Trilateral Contact Group including through the establishment of working groups on the implementation of relevant aspects of the Minsk agreements. They will reflect the composition of the Trilateral Contact Group.

Signatories

The document was signed by:
*Separatist's leaders Alexander Zakharchenko and Igor Plotnitsky
*Swiss diplomat and OSCE representative Heidi Tagliavini
*Former president of Ukraine and Ukrainian representative Leonid Kuchma
*Russian Ambassador to Ukraine and Russian representative Mikhail Zurabov

Reactions

The new package, commonly referred to as "Minsk II", was criticised for being "highly complicated" and "extremely fragile", and for being very similar to the failed Minsk Protocol. ''The New York Times'' reported that the plan had "included some tripwires", such as not demarcating control over the city of Debaltseve, which was the site of the most fierce fighting at the time of the plan's drafting. Following the Minsk talks, Chancellor Merkel, President Hollande, and President Poroshenko attended a European Union (EU) summit in Brussels.

At the summit, the Minsk participants briefed EU leaders about the talks. During the briefing, they said that President Putin had tried to delay the implementation of a ceasefire by ten days, so as to force Ukrainian troops in Debaltseve to surrender their positions. For his part, President Putin said that the Debaltseve defenders were encircled, and that the separatists expected them "to lay down their arms and cease resistance".

''Kommersant'' reporter Andrey Kolesnikov wrote that implementation of the ceasefire in Debaltseve hinged upon whether or not Ukrainian forces were truly encircled, "Above all, does it exist or not? Vladimir Putin insisted that it he encirclementexists and that if a cease-fire agreement is reached, it will be odd if it isn't violated: Those in the kettle will certainly try to get out of there; those who have boiled that kettle will try to collect the foam".

US State Department spokeswoman Jen Psaki said on 13 February that the Russian Armed Forces had actively deployed around Debaltseve to assist the separatists in forcing out Ukrainian troops prior to the start of the ceasefire, the 15 February. Russia denied this, and Russian government spokesman Dmitry Peskov

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