Reparations Options for the War in Ukraine

The Russian invasion of Ukraine has caused widespread harm, massive loss of human life and extensive destruction of infrastructure. This briefing paper proposes four options to inform approaches to reparations for the war in Ukraine. The four options weight up the practical realities and challenges faced by different mechanisms arbitrating and adjudicating on such large-scale damage and loss. Any reparation programme or commission to be established for the war in Ukraine needs to be locally owned and allow victims to effectively participate in the design, process and monitoring of implementation to make it effective and sustainable. This paper does not intend to stipulate a sole solution, but options and experiences that may be of relevance for the discussion in delivering reparations for the war in Ukraine. There is a clear basis in international law for reparations to be paid by Russia for its aggression in violating the territorial sovereignty of Ukraine under the United Nations Charter, as well as for violations under human rights and international humanitarian law. This creates a range of possibilities for reparations to remedy these breaches that give rise to a right to reparations for the Ukrainian state, individual and groups of victims as well as investors and corporations. This paper outlines possible options on reparation mechanisms/commissions, who would be eligible, evidential issues and funding.