The release of multiple hostages (prisoners) held by Russia, including Evan Gershkovich and Paul Whelan, is historic, but it is unfortunate, to say the least, that actual criminals must be released to free people wrongfully detained or imprisoned in foreign lands. But that is the nature of the beast.
Reports indicate that negotiations for the unprecedented exchange had been ongoing for years. Joe Biden, the most effective one-term president in history, promised to leave no stone unturned in a relentless pursuit of justice and freedom for these individuals and he was true to his word. Their release is an amazing achievement, perhaps the crowning glory of a highly successful presidency.
I’m a retired attorney. When I practiced law, I was considered a “trial” lawyer. Trial skills are vital to any professional who calls him or herself a trial lawyer. However, since most cases are settled, not tried, I submit that negotiating skills are even more important than trial skills.
While trials are sometimes necessary, especially when trying to establish legal precedent, negotiation and settlement is preferred. It offers numerous benefits, including cost and time savings, efficiency, goodwill, confidentiality, flexibility, preservation of relationships, face-saving, and higher satisfaction and compliance rates.
Prisoner Exchange: Negotiation Over Conflict
A multi-country prisoner exchange is a complex and significant diplomatic effort. It underscores the importance of negotiation over confrontation and conflict. While there is far more at stake than in a legal civil or criminal proceeding, the importance of negotiating resolutions rather than fighting our way through them cannot be overstated. From a legal perspective, here are a few key benefits:
Diplomatic Relations
Negotiation is crucial in sustaining and improving diplomatic relations between countries. Through prisoner exchanges and other negotiated conflict resolutions, countries build trust, reduce tensions, improve relationships, and foster cooperation.
Humanitarian Concerns
Negotiations prioritize the humanitarian aspect, focusing (finally) on the well-being of the prisoners. By engaging in what was, apparently long-term dialogue, countries ensure the safety of captives during negotiations, as well as their safe return. Conflict or rescue operations, while daring, exciting news and sometimes necessary, put the captives in danger.
Conflict Resolution
Negotiations prevent escalations in violence and serve as a peaceful way to resolve disputes. It also provides a forum for countries to air grievances and float potentially acceptable solutions.
International Law
Negotiated exchanges and resolutions respect international law and human rights. The confrontational approach often results in violations of international law and further complicates relationships between the countries involved.
Economic Considerations
Conflict is expensive, economically and in terms of human life. Negotiations avoid or drastically reduce these consequences, allowing countries to focus on the needs of its citizens rather than costly and even bloody engagement.
Security and Stability
Successful negotiations help mitigate the risk of future conflicts, thus contributing to regional and global stability. Hopefully, longstanding issues are addressed or resolved and a framework for future cooperation is established.
Public Perception
The public loves peaceful resolution. It projects an image of responsible governance and leaders’ commitment to peace over conflict, which may enhance participating countries’ standing on the international stage. What’s happening to Israel, despite its’ righteous cause in defending itself from terror and avenging the deaths of over 1400 innocents, is a case in point. Unfortunately, hostages are still in captivity and war rages on while negotiation have stalled. Hopefully, current negotiations will soon resolve this bitter conflict.
Reciprocal Agreements
Negotiation often leads to reciprocal agreement to the benefit of all parties. It is too early to know whether this resolution included other issues, but it cannot help but enhance relations between the seven countries involved.
The importance of negotiation over confrontation or conflict in a complex multi-prisoner exchange like the one that resulted in the release of Whalen, Gershkovich, and others cannot be overstated. Through negotiation, countries can achieve peaceful and mutually beneficial outcomes, paying the way for a more stable and cooperative international community.
Congratulations to President Biden, Antony Blinken, Jake Sullivan, and all those involved in these complex negotiations. God Speed to the released prisoners and their families who endured needless suffering. Hopefully, time will heal their horrible wounds.
Please check out Mark Bello’s latest book, "The Anti-Semite Next Door," an exploration of antisemitism in the context of today's political environment.
It's the latest in Bello's ripped-from-the-headlines legal thrillers, all available online at Amazon and other major online booksellers. He has quite the hero in Attorney Zachary Blake, who fights for justice on all fronts. His previous books are Betrayal of Faith, Betrayal of Justice, Betrayal in Blue, Betrayal in Black, Betrayal High, Supreme Betrayal, Betrayal at the Border, You Have the Right to Remain Silent, and The Final Steps – A Harbor Springs Cozy Legal Mystery. He’s also written a wonderful children’s book about bullying, “Happy Jack, Sad Jack,” and he's just released "Love Hate Law," a new legal romance novel. For more info, just check markmbello.com.
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