Reparations Options for the War in Ukraine
By Luke Moffett (Reparations Team)
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.
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