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The Promise and the Paradox: Inside the US-Ukraine Security Guarantee Talks
On April 1, 2026, Ukrainian President Volodymyr Zelenskyy announced "positive" progress on security guarantees after a call with Trump envoys Steve Witkoff and Jared Kushner, alongside Senator Lindsey Graham and NATO Secretary General Mark Rutte [1]. Zelenskyy said the parties "agreed to strengthen security guarantees" and that he had "instructed our team to promptly update the documents so that the security guarantees for Ukraine are strong" [2]. The announcement marked the latest in a series of escalating diplomatic signals since January, when a 35-nation coalition in Paris declared its commitment to "robust security guarantees for a solid and lasting peace" [3].
But behind the optimistic language lies a set of unanswered questions that will determine whether any guarantee is worth the paper it is printed on — or whether Ukraine is being asked to trade territory and sovereignty for another set of promises that a future president could simply ignore.
What Ukraine Is Seeking — and What It Has Been Offered
Ukraine's demands have evolved since the early months of the full-scale Russian invasion. Zelenskyy has explicitly rejected any "Budapest Memorandum 2.0," insisting on legally binding commitments with clear enforcement mechanisms [4]. At minimum, Kyiv wants a framework modeled on NATO's Article 5 — the collective defense clause that treats an attack on one member as an attack on all — with provisions for military aid, intelligence sharing, logistical support, and economic sanctions if Russia attacks again [5].
The January 2026 Paris summit produced the most concrete framework to date. The declaration, endorsed by 27 heads of state, committed participating nations to "a system of politically and legally binding guarantees that will be activated once a ceasefire enters into force" [3]. The US role, as described by Witkoff, centers on a ceasefire monitoring and verification mechanism using "drones, sensors and satellites, not US troops" [6]. France pledged "several thousand" troops, and both France and the UK agreed to establish military hubs and protected weapons facilities on Ukrainian territory [6].
By January 8, Zelenskyy declared the security guarantee document "essentially ready" for finalization with President Trump [7]. By late January, after meeting Trump in Davos, he upgraded that assessment to "100 percent ready" [8].
Yet as of April 2026, the document has not been signed. Specific provisions remain under negotiation, and the text has not been made public [9].
The Budapest Memorandum's Shadow
The 1994 Budapest Memorandum is the inescapable reference point for any discussion of Ukrainian security guarantees. Under that agreement, Ukraine surrendered the world's third-largest nuclear arsenal — roughly 1,900 strategic warheads — in exchange for security "assurances" from the United States, the United Kingdom, and Russia [4].
The deliberate choice of "assurances" over "guarantees" was not accidental. US State Department officials insisted on the weaker term precisely to avoid any legally binding obligation to use military force [10]. The memorandum committed signatories to respect Ukraine's sovereignty and territorial integrity and to seek UN Security Council assistance if those commitments were violated. It did not commit the US or UK to take military action.
When Russia annexed Crimea in 2014, the other signatories responded with diplomatic protests and economic sanctions. When Russia launched its full-scale invasion in February 2022, Ukraine had already learned that the memorandum's assurances were unenforceable [10].
The current negotiations aim to avoid the same failure mode. Former Trump envoy Keith Kellogg, who led initial talks before his departure in early 2026, emphasized that Washington was "determined not to repeat past failures, referencing the Budapest Memorandum and the Minsk accords" [11]. But whether the proposed framework achieves that goal depends on answers to several structural questions that remain unresolved.
Who Is Negotiating — and With What Authority
The US side of the talks is led by Steve Witkoff, Trump's special envoy for peace missions, and Jared Kushner, the president's son-in-law and senior adviser [1]. General Alexus Grynkewich, America's top general in Europe, has also participated in key sessions [6]. Senator Lindsey Graham's involvement in the April call adds a congressional dimension, though Graham's presence is advisory rather than formal [1].
The authority question matters because of a structural constraint in US law: any treaty requires a two-thirds vote for ratification by the Senate [12]. The Biden-era bilateral security agreement signed in June 2024 — a 10-year framework covering defense cooperation, economic recovery, and Euro-Atlantic integration — deliberately avoided treaty status. Its provisions were framed as "policies" or "intentions," not binding commitments, precisely to sidestep the ratification requirement [13].
There is no public evidence that the Senate has been formally briefed on the current guarantee negotiations or that the Trump administration intends to submit any agreement for ratification. The 2026 National Defense Authorization Act includes $400 million for the Ukraine Security Assistance Initiative, but that represents routine defense appropriation, not a ratification of security commitments [14]. Without treaty status, any guarantee rests on executive authority — and can be reversed by the next president.
Territory, Preconditions, and the Price of Peace
The territorial question is the most politically explosive dimension of the negotiations. As of February 2026, Russia controls approximately 75,400 square kilometers of Ukrainian territory — roughly 13% of the country, an area about half the size of the US state of Illinois [15].
The trajectory has favored Russia. After Ukraine's successful counteroffensives recaptured Kherson and parts of Kharkiv region in late 2022, the front lines stabilized before Russia resumed slow, grinding advances. In 2025 alone, Russia captured an additional 5,600 square kilometers [15].
The Trump administration has not publicly stated that Ukraine must cede occupied territory as a precondition for security guarantees. However, Kellogg's 28-point framework reportedly calls for putting Ukraine's NATO membership "on hold indefinitely" in exchange for a "comprehensive and verifiable peace deal with security guarantees" [11]. Bloomberg reported in January 2026 that Ukraine would need to "tackle tough territory issues" as talks advanced [16]. The implicit trade is clear: Ukraine accepts some form of territorial reality in exchange for a guarantee against further aggression.
Zelenskyy has framed the issue carefully, calling for a "trilateral format — a leaders' format" involving the US, Ukraine, and Russia to finalize terms [1]. He has not publicly accepted territorial concessions, maintaining that any settlement must be "dignified" [2].
The Human Cost of What Ukraine Is Being Asked to Accept
The scale of losses Ukraine has sustained shapes the political calculus around any deal. The casualty figures are contested and classified, but available estimates paint a stark picture.
Zelenskyy has publicly stated that 55,000 Ukrainian soldiers have been killed [15]. Independent estimates run significantly higher. The Center for Strategic and International Studies estimated in late 2025 that Ukraine had suffered up to 600,000 total military casualties — killed and wounded combined — with as many as 140,000 deaths [15]. A February 2026 assessment placed Ukrainian military casualties at 250,000 to 300,000 [15].
Russian losses are estimated at roughly 1.2 million casualties, including at least 325,000 deaths, according to CSIS figures through December 2025 [15].
Beyond the battlefield, Ukraine has lost approximately a quarter of its pre-war population of 42 million. Some 5.9 million Ukrainians have left the country, with 5.4 million going to Europe [15]. Ukraine is the world's second-largest source of refugees, with 5.3 million displaced abroad according to UNHCR data [17].
The Paradox: Too Weak or Too Strong
The most rigorous critique of the proposed guarantees does not come from Ukraine's enemies but from analysts who argue the framework faces an inherent contradiction.
Peter Rutland, professor of government at Wesleyan University, has identified what he calls the "security guarantee paradox": guarantees too weak to deter Russia are meaningless, while guarantees robust enough to serve as a genuine deterrent are precisely what Moscow will never accept [18]. Putin has "repeatedly stated" that any military presence by NATO members on Ukrainian soil — including peacekeepers — is a non-negotiable red line [18].
This creates a structural dilemma. France and the UK have pledged troops and military hubs on Ukrainian territory [6]. Russia has rejected foreign troops on Ukrainian soil [6]. If the guarantees include the military elements that would make them credible, Russia's incentive to accept a ceasefire diminishes. If the military elements are removed to secure Russian agreement, the guarantees lose their deterrent value.
The International Crisis Group has argued that "Ukraine's most plausible security guarantee will not come from the US" at all, but from its own military capacity and European coalitions [19]. Olesia Horiainova of the Ukrainian Security and Cooperation Centre made a related point: "Only Ukraine's military and economic superiority, or at least parity with Russia, can guarantee the stability of any truce" [9]. She noted that Ukraine's defense industry operated at only 50 percent capacity in 2025 due to funding shortages [9].
From the realist school, the critique is sharper. Defense Priorities, a Washington think tank aligned with restraint-oriented foreign policy, has argued that "fake security guarantees for Ukraine might have some deterrent value despite their lack of credibility" but "would likely degrade Ukraine's security on balance, both by preserving a cause of the war and by encouraging Ukrainian leaders to make dangerous choices based on the false prospect of U.S. protection" [20]. The moral hazard argument holds that a guarantee creates the illusion of an American military backstop, encouraging risk-taking by Kyiv while failing to credibly deter Moscow — which has demonstrated willingness to absorb costs and risks far exceeding what Washington will tolerate over Ukraine [20].
Oleksandr Khara of the Centre for Defence Strategies offered a blunter assessment, calling the guarantees an attempt to "sugar-coat the bitter pill" of territorial concessions [9].
NATO Allies: Solidarity and Fracture Lines
The January Paris summit projected unity, but the 35-nation coalition masks real differences in commitment and capability.
Poland has emerged as Europe's rearmament leader, spending approximately 4.5% of GDP on defense in 2025 — the highest rate in NATO [21]. The country fields NATO's third-largest army and has withdrawn from the Ottawa Treaty banning anti-personnel mines, citing lessons from Ukraine about the need to slow Russian advances at the border [21]. The Baltic states — Estonia, Latvia, and Lithuania — have similarly ramped up spending to between 3.2% and 3.5% of GDP and invested in border fortifications [21].
Germany's approach has been more cautious. Chancellor Friedrich Merz indicated that German forces would monitor ceasefire compliance from a neighboring country rather than deploying to Ukrainian territory — a distinction that highlights the gap between front-line states and Western European allies [9]. At the allied ministerial meeting of Baltic Sea countries in Warsaw in March 2026, ministers pushed for NATO allies to demonstrate "significant progress towards the 5% of GDP investment in defence" ahead of the July NATO Summit in Ankara [22].
The risk of a two-tier security architecture is real. Eastern European states that view Russia as an existential threat are preparing as if the security guarantees may not hold. Keir Giles, a Russia analyst cited in Foreign Policy, has argued that Europe need not "replace" US capabilities "like for like" but must become "strong and resilient enough" to convince Moscow that escalation risks outweigh potential gains [21]. The implication: Europe's eastern flank is already hedging against the possibility that US guarantees prove as unreliable as the Budapest Memorandum.
The Enforcement Gap
The most consequential unanswered question is what happens if Russia violates the terms. The Paris Declaration commits signatories to respond to a future Russian attack with "military capabilities, intelligence and logistical support, diplomatic initiatives, and adoption of additional sanctions" [3]. But the declaration does not specify automatic military intervention. It does not create a standing force. And its enforcement depends on the political will of signatory governments at the moment of crisis.
Former Ukrainian infrastructure minister Volodymyr Omelyan identified the core vulnerability: "If there was a violation, the reality is the Ukrainian army will have to fight on the first day; if we are capable of doing so, we keep the defence line." Partner responses, he warned, could take "weeks or months" [9]. In a war where Russia's 2022 invasion reached the outskirts of Kyiv within days, weeks of deliberation could prove fatal.
The legal durability problem compounds the enforcement gap. Without Senate ratification, a US security guarantee exists as an executive commitment that binds only the current administration. The Biden-era bilateral agreement already demonstrated this vulnerability — framed as intentions rather than commitments, it carried no legal weight beyond the term of the president who signed it [13]. A future US president could withdraw from any executive agreement with a single signature.
Analysts at the European Policy Centre have argued that the guarantees must include "strong political and legal codification that ensures the arrangement will endure regardless of electoral cycles and leadership changes" [23]. How to achieve that codification without Senate ratification — which the Trump administration has shown no interest in pursuing — remains an open question.
What Comes Next
The April 1 call between Zelenskyy and Trump's envoys produced agreement to "remain in constant contact to strengthen the document on security guarantees" [24]. Zelenskyy has called for a leaders' summit to advance negotiations [1]. Russia, meanwhile, responded to Ukraine's Easter ceasefire proposal by launching over 700 drones, underscoring the gap between diplomatic frameworks and battlefield reality [2].
The security guarantee under discussion represents the most ambitious attempt since the Budapest Memorandum to provide Ukraine with a formal security commitment from the United States. Whether it proves more durable than its predecessor depends on questions that diplomacy alone cannot answer: whether Congress will ratify it, whether allies will enforce it, and whether any piece of paper can deter a nuclear-armed state that has already demonstrated its willingness to absorb catastrophic losses in pursuit of territorial objectives.
Ukrainian citizens, after four years of war, express measured skepticism. As one 24-year-old developer from Lviv told Al Jazeera: "These guarantees always sound good on paper, but after so long at war, this feels like just words" [9].
Sources (24)
- [1]Ukraine signals progress on US security guarantees after call with Trump envoysfoxnews.com
Zelenskyy announced a 'positive' conversation with Steve Witkoff and Jared Kushner, along with Sen. Lindsey Graham and NATO Secretary General Mark Rutte, centered on forging a 'dignified peace.'
- [2]Agreed to strengthen security guarantees, Ukrainian team to update documents - Zelenskyyunn.ua
Zelenskyy instructed his team to 'promptly update the documents so that the security guarantees for Ukraine are strong, the prospects for post-war reconstruction are real.'
- [3]Paris Declaration - Robust Security Guarantees for a Solid and Lasting Peace in Ukraineconsilium.europa.eu
A coalition of 35 nations committed to 'a system of politically and legally binding guarantees that will be activated once a ceasefire enters into force.'
- [4]Budapest Memorandum - Wikipediaen.wikipedia.org
The 1994 Budapest Memorandum provided security assurances to Ukraine in exchange for surrendering its nuclear arsenal, using 'assurances' rather than legally binding 'guarantees.'
- [5]Ukraine-US security agreement is 'essentially ready' for Trump's approval, Zelenskyy saideuronews.com
Security guarantees include a legally binding obligation to assist Kyiv in case of a future Russian attack, modelled on NATO Article 5 for collective defence.
- [6]US backs security guarantees for Ukraine, as France and UK pledge troopsaljazeera.com
France pledged 'several thousand' troops; US will lead ceasefire monitoring with 'drones, sensors and satellites, not US troops.' Russia rejected foreign troops on Ukrainian soil.
- [7]Zelenskyy says security guarantee document 'essentially ready' for Trump's approvaleuronews.com
Zelenskyy declared the security guarantee document 'essentially ready' for finalization with President Trump following days of negotiations in Paris.
- [8]Ukraine's security guarantees: What are they and why might they fall short?aljazeera.com
Zelenskyy stated the agreement is '100 percent ready' to be signed, with the document ready to be sent to US Congress and Ukrainian parliament for ratification.
- [9]Ukraine's security guarantees: What are they and why might they fall short?aljazeera.com
Critics call the guarantees an attempt to 'sugar-coat the bitter pill' of territorial concessions. Former minister warns partner response could take 'weeks or months.'
- [10]Budapest Memorandum's History and Role in the Conflict - Lieber Institute West Pointlieber.westpoint.edu
US State Department officials insisted on 'assurances' instead of 'guarantees' to avoid a legally binding commitment to use military force to defend Ukraine.
- [11]'A Good Plan but Not Final': Kellogg Says Ukraine–Russia Deal Is 'Almost There'kyivpost.com
Kellogg stressed Washington is 'determined not to repeat past failures, referencing the Budapest Memorandum,' and said the 28-point framework is nearing completion.
- [12]U.S.-Ukraine Bilateral Security Agreement - Congressional Research Servicecongress.gov
The Senate considers providing advice and consent to treaty ratification. Without Senate ratification, agreements do not have treaty status and carry limited legal weight.
- [13]The U.S.-Ukraine Security Agreement Is What the Parties Will Make of Itlawfaremedia.org
The Biden-era bilateral security agreement provisions were framed as 'policies' or 'intentions,' not binding commitments, to sidestep the Senate ratification requirement.
- [14]What's in the new US defense bill for Ukraine?atlanticcouncil.org
The 2026 NDAA includes $400 million for the Ukraine Security Assistance Initiative for 2026 and 2027.
- [15]The Ukraine war in numbers: People, territory, moneyaljazeera.com
Russia controls approximately 75,400 sq km of Ukraine (~13%). Ukraine has suffered estimated 250,000-300,000 military casualties. About 5.9 million Ukrainians have left the country.
- [16]Ukraine to Tackle Tough Territory Issues as US Talks Advancebloomberg.com
Ukraine faces the most difficult territorial questions as US-brokered talks advance toward a potential peace framework.
- [17]UNHCR Refugee Population Statisticsunhcr.org
Ukraine is the world's second-largest source of refugees with 5.3 million displaced abroad, behind Syria's 5.5 million.
- [18]The 'security guarantee' paradox: Too weak and it won't protect Ukraine; too robust and Russia won't accept ittheconversation.com
Peter Rutland identifies a fundamental contradiction: guarantees too weak lack credibility as deterrents, while those robust enough to deter Russia are precisely what Moscow will never accept.
- [19]Ukraine's Most Plausible Security Guarantee Will Not Come from the U.S.crisisgroup.org
The International Crisis Group argues Ukraine's most plausible security guarantee lies in its own military capacity and European coalitions, not US commitments.
- [20]Neutrality not NATO: Assessing security options for Ukrainedefensepriorities.org
Fake security guarantees could 'degrade Ukraine's security on balance' by encouraging risk-taking while failing to credibly deter Moscow.
- [21]4 Years of Russia-Ukraine War: Europe's Front Line States Prepare for Warforeignpolicy.com
Poland spends 4.5% of GDP on defense; Baltic states have withdrawn from the Ottawa Treaty on anti-personnel mines. Front-line states are hedging against unreliable US guarantees.
- [22]Baltic Sea countries ministerial: Allies must demonstrate progress towards 5% GDP defense investmentmfa.gov.lv
Ministers from Baltic Sea region countries pushed for NATO allies to demonstrate progress toward 5% of GDP defense investment ahead of the NATO Summit in Ankara.
- [23]No more empty promises: Ukraine must have legally binding security guaranteesepc.eu
Guarantees must include 'strong political and legal codification that ensures the arrangement will endure regardless of electoral cycles and leadership changes.'
- [24]Zelenskyy, Witkoff, Kushner agree to continue contacts to strengthen security guarantees documenten.interfax.com.ua
Zelenskyy and US officials agreed to 'remain in constant contact to strengthen the document on security guarantees between Ukraine and the United States.'