Seizing Russian Assets to Compensate for Human Rights Violations in Ukraine: Navigating the Legal Labyrinth

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1067-1075 | European Forum Insight of 28 December 2023 | (Table of Contents) I. Introduction - II. Labyrinth of legal issues - II.1. State-owned assets - II.2. Private assets - III. A way forward. | (Abstract) This Insight explores the legal terrain surrounding constraints on repurposing of state-affiliated property (both state-owned and private assets affiliated with the state) to compensate for human rights violations caused by Russia's invasion of Ukraine. It briefly examines evolving norms regarding sovereign immunity, third-party countermeasures, and their impact on international human rights law. Key issues include the role of jus cogens norms and obligations erga omnes in potentially waiving state immunity, the legality and reversibility of third-party countermeasures, and the potential clash between sovereign immunity and human rights law. The Insight also discusses the relevance of investment treaty law and international humanitarian law to property constraints. Recent developments, such as establishing a compensation mechanism for Ukraine's damages, are outlined, underscoring the need for adequate funding for these mechanisms to be effective. The author proposes potential approaches to asset confiscation, including transferring frozen assets to a dedicated fund or providing financial assistance while retaining the right to reclaim assets upon reparations. Acknowledging the intricacies involved, it calls for further research to address the multifaceted issues arising in this evolving area of international law.

Keywords

• ukraine
• immunity
• countermeasures
• state-affiliated assets
• human rights
• compensation