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US offers Ukraine Article 5-style security guarantees as Donbas dispute stalls Berlin peace talks

Washington proposes Senate-ratified mutual defence pledge modelled on NATO's collective security clause, but territorial sovereignty over occupied eastern regions remains unresolved as European leaders press for Ukrainian energy infrastructure protection.

By , Security and Defence Editor

Published

7 min read

The peace talks convened in Berlin on Monday produced the most concrete US security offer to Ukraine since the invasion began, yet the territorial question that has defined the war from its outset remains no closer to resolution. Washington put forward what its officials called a "platinum standard" guarantee modelled on NATO's Article 5 collective defence clause, a commitment that would require Senate ratification and bind the United States to treat an attack on Ukraine as an attack on itself. But the Kremlin's demand that Kyiv surrender the entirety of the Donbas, including areas Ukrainian forces still control, received no reciprocal concession from Moscow.

The security guarantee on offer

US officials described the proposed arrangement as "very strong" and indicated it would be submitted for Senate ratification, a procedural step that would give the commitment the force of treaty law rather than executive agreement. The distinction matters: a ratified treaty survives changes of administration, while an executive agreement can be discarded by a future president. That durability is precisely what Kyiv has sought since 2014, when the Budapest Memorandum, signed by the US, UK and Russia in exchange for Ukraine giving up its nuclear arsenal, proved toothless against Russian aggression.

Zelensky, speaking after the Berlin session, called the meeting "productive" but "not easy." He emphasised that Kyiv needs a "clear understanding of security guarantees" before it can engage on other contentious issues. On Sunday, he had signalled for the first time that Ukraine would abandon its NATO membership aspirations, a goal enshrined in the country's constitution, in exchange for binding guarantees. The concession reflects a calculation that Article 5-style protection from Washington may be more reliable than the consensus-based accession process in Brussels, where Hungary and Turkey have previously blocked or delayed Ukrainian integration steps.

Donbas: the territorial impasse

While security architecture advanced, the eastern region of the Donbas remained the core disagreement. The US proposed an "economic-free zone" in the contested part of the region, but the mechanics reveal the asymmetry: Ukraine would be expected to withdraw from areas it still holds, while Russia would not be required to relinquish territory it occupies. Moscow controls the majority of the Donbas and insists on Kyiv ceding the entire region, a demand Ukraine has repeatedly rejected as a reward for aggression.

Zelensky was blunt about the divergence: "It seems to me that [the US and Ukraine] so far have different positions, to be honest." US officials acknowledged that if the economic zone could be defined, "then it will really be up to the parties to work out the final issues of sovereignty", a formulation that effectively kicks the territorial question down the road. The Kremlin, for its part, said it expected Washington to provide the "concept" discussed in Berlin, but has not publicly engaged with the economic zone proposal.

European coordination and the frozen assets vote

German Chancellor Friedrich Merz, hosting the talks, struck an optimistic tone: "This is the first time a ceasefire is conceivable. It's a huge progress which I welcome very much." He described the US security guarantees as "remarkable." European Commission President Ursula von der Leyen and High Representative Kaja Kallas joined evening sessions with the Ukrainian and American delegations, signalling that Brussels intends to be present when the terms of any settlement are finalised.

Simultaneously, EU governments are preparing to vote this week on a plan to transfer €90bn of frozen Russian central bank assets, held primarily at Euroclear, the Belgium-based financial infrastructure, to support Ukraine's economy. The Council agreed on Friday to immobilise the assets indefinitely, but the step from immobilisation to transfer is legally contentious. Belgium has resisted, citing sovereign immunity concerns and potential retaliation against Euroclear. In recent days Italy has joined the sceptics, calling for "alternative options." Kallas acknowledged the discussions were "increasingly difficult" but insisted work continues: "We're doing the work, and we still have some days."

Ukraine's counter-proposal and the Russian proxy problem

The Berlin talks were structured around a 20-point peace plan Ukraine presented to the US last week, intended to counter an initial American proposal Kyiv viewed as heavily favouring Moscow. Details of both documents remain classified, but Zelensky described the Ukrainian plan as a "foundation" for reconstruction and security provisions. A striking dynamic emerged: Zelensky noted that the US delegation "so to speak present the Russian side's perspective, because they relay Russia's signals, demands, steps, and indications of readiness or lack thereof." Washington has effectively become the conduit for Moscow's positions, a role that raises questions about whether the Kremlin is negotiating in good faith or using the US to test Ukrainian red lines without direct engagement.

Energy infrastructure under systematic attack

The talks unfolded against a backdrop of intensifying Russian strikes on Ukrainian energy infrastructure. Over the weekend, more than one million households lost electricity following a barrage of attacks. Zelensky stated on Monday that there was not a "single functioning power station" that had not been targeted. This is the fourth winter of war, and the systematic degradation of the grid, transformers, substations, generation capacity, has become a deliberate strategy to break civilian morale and industrial capacity. Any ceasefire agreement will need verification mechanisms capable of distinguishing between a pause in hostilities and a redeployment for renewed infrastructure attacks.

The Senate ratification hurdle

The US offer's credibility rests on Senate ratification, which requires a two-thirds majority, 67 votes in a 100-member chamber. The current partisan alignment makes that threshold formidable. Republican senators have historically opposed security commitments that could draw American forces into conflicts outside NATO, while some Democrats have questioned the wisdom of open-ended guarantees to a non-ally. The administration's willingness to submit the package suggests confidence in whip counts, but the political calendar is unforgiving: a new Congress convenes in January 2027, and the midterm elections of 2026 could alter the arithmetic. Trump's assertion that "we're closer now than we have been, ever" to a peace deal may reflect a calculation that a ratified treaty before the midterms locks in a legacy achievement regardless of electoral outcomes.

Sources

  1. BBC

    bbc.com · 2025-12-15

People mentioned

Organisations

United States Government · Government of Ukraine · Government of Russia · North Atlantic Treaty Organization · European Commission · European Council

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