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Tom says there is no real international court or enforceable law above sovereign states; the winner decides whether to put the loser on trial. That means Ukraine must first survive and win on the battlefield before any real legal accountability for Russia becomes possible.
The war in Ukraine is best understood as a "hurting stalemate," where neither side can achieve a decisive victory. Instead, each focuses on inflicting maximum pain and cost on the other—militarily, economically, and on civilian populations—hoping to break the adversary's political will to continue fighting.
Contrary to popular hope, a scenario where Ukraine fully expels Russia and regains all territory is a 'total fantasy.' Based on historical precedent, the war has only two realistic outcomes: a Ukrainian collapse under sustained pressure or a compromise peace that grants Russia de facto control of some territory.
Unlike corporate bankruptcy where a court can replace management and control assets, a sovereign nation cannot be controlled by an external legal body. This fundamental issue of sovereignty makes a standardized, enforceable bankruptcy-style mechanism for countries practically impossible.
Alex Karp dismisses the idea of a purely law-based international system as theoretical. He argues that in the real world, global stability and the ability to set the rules are determined by decisive military superiority. For the West, this power is the only thing that guarantees its influence against rivals like China and Russia.
In global conflicts, a nation's power dictates its actions and outcomes, not moral righteousness. History shows powerful nations, like the U.S. using nuclear weapons, operate beyond conventional moral constraints, making an understanding of power dynamics more critical than moralizing.
Ukraine's most realistic theory of success is not reclaiming all territory militarily, but leveraging its advantages to stabilize the front and inflict unsustainable casualties and economic costs on Russia. This strategy aims to make the war so futile for Moscow that it forces a favorable negotiated settlement.
By designating elite Ukrainian military units like the Azov Corps as terrorist organizations, Russia circumvents international law. This legal maneuver allows them to strip soldiers of their POW status, prosecute them as criminals, impose long prison sentences, and exclude them from prisoner swaps.
In contemporary warfare, authoritarian regimes and non-state actors are unlikely to ever sign a formal surrender. This means victory can no longer be defined by the other side "crying uncle," but must be measured by the successful and sustained degradation of the enemy's capacity to pose a threat.
Ukraine should aim to become the 'South Korea' of Europe. This means accepting a negotiated peace or armistice that secures its independence and sovereignty over most of its territory, even if it doesn't reclaim everything. It can then rebuild into a prosperous democracy, creating a stark contrast with a decaying Russia.
Rather than a set of absolute rules, international law acts as a "moral venue" where principles are created and contested through power relations. It provides a normative framework that allows weaker nations to argue their case and defend themselves against the unilateral actions of more powerful countries.