In exchange for the donation of the MiG-29s, the Polish Government requested that the US also supply them with used aircraft with ‘corresponding operational capabilities.’ “Poland is ready to immediately establish the conditions of purchase of the planes,” they said in a statement. They also called upon all allied nations operating MiG-29s to donate their aircraft to Ukraine and’ act in the same vein’.
Poland is a major buyer of U.S. Weaponry, with Poland ordering 32 units of the F-35A Joint Strike Fighter last 2020 worth over $4.6 billion. The first delivery of these jets would be around 2024. Poland’s Air Force also operates some 48 Block 52+ F-16C/D Vipers. This month the country also recently inked a deal for $6 Billion that includes 250 Abrams tanks, 250 counter-IED systems, 26 M88 combat recovery vehicles, 17 joint assault bridges, 276 M2 .50-caliber machine guns and ammunition.
While the US previously signaled that it approved of Poland sending the jets to Ukraine, the State Department is now balking at the logistics of delivering them. Poland is concerned that flying MiG-29s directly to Ukraine would result in them being directly involved with the conflict and may be interpreted by Russia as an act of war. They also may be potentially shot down by the Russians themselves in the process. This would directly drag NATO into the conflict, potentially starting a full-on war involving multiple countries.
It is simply not clear to us that there is a substantive rationale for it. We will continue to consult with Poland and our other NATO allies about this issue and the difficult logistical challenges it presents, but we do not believe Poland’s proposal is a tenable one. (4/4)
— Maj. Gen. Patrick Ryder (@PentagonPresSec) March 8, 2022
US Pentagon Press Secretary John Kirby subsequently rejected the proposal stating logistical issues on par with Poland’s concern. He said that they would be continually working with the Polish Government to solve the issue.
“We will continue consulting with our Allies and partners about our ongoing security assistance to Ukraine because, in fact, Poland’s proposal shows just some of the complexities this issue presents,” said Kirby. Critics would point out the seeming contradiction of not wanting to be seen transferring Mig-29s to Ukraine when the United States has provided over $1 billion in direct military assistance to Ukraine in the form of Stinger surface to air missiles, Javelin anti-tank missiles, and various other weapons that all arrived at U.S. military bases before being shipped to Ukraine.
It would seem the issue could be solved by Poland formally transferring the jets to the Ukrainian government, repainting them with Ukraine markings, and then allow Ukraine to send its own pilots to recover aircraft that is now the legal property of their state. The United States as a part of its official position has a posture of “Qualified Neutrality” as it is described in the DoD Manual of War (§ 15.2.2);
[A]fter treaties outlawed war as a matter of national policy, it was argued that neutral States could discriminate in favor of States that were victims of wars of aggression. Thus, before its entry into World War II, the United States adopted a position of “qualified neutrality” in which neutral States had the right to support belligerent States that had been the victim of flagrant and illegal wars of aggression.
“The prospect of fighter jets at the disposal of the Government of the United States of America’ departing from a U.S./NATO base in Germany to fly into airspace that is contested with Russia over Ukraine raises serious concerns for the entire NATO alliance,” he continued.
Kirby stated that the logistical problems remain a challenge and that they did not believe that Poland’s proposal was a “tenable” one.
Polish Prime Minister Mateusz Morawiecki stated that the delivery of these jets should be made collectively by NATO members saying they were not ready to make moves on their own.
“This is why we are able to give all of our fleet of jet fighters to Ramstein. But we are not ready to make any moves on our own because … we are not a party to this war.” said the Polish Prime Minister.
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