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CONFISCATING FROZEN RUSSIAN ASSETS WOULD BE NOT ONLY JUST BUT IN ACCORDANCE WITH INTERNATIONAL LAW

19 March 2024

Press release from For Ukraine, for their freedom and ours!

The civil society organisation "For Ukraine, for their freedom and ours!" sent French parliamentarians a detailed memorandum on the legal aspects of the confiscation of Russian public assets frozen in the European Union since the outbreak of war by Moscow.

While a motion for a resolution has been tabled in the French Parliament and a resolution has just been adopted in the European Parliament, this study provides a reasoned answer to questions about the means of mobilizing the assets of the Russian central bank to finance at least partially the repair and immediate support of Ukraine.

She concluded that a confiscation could be legally based on customary international law, a source of law enshrined in the Statute of the International Court of Justice.


A fair measure, as it would contribute to the reconstruction of Ukraine


The Russian Central Bank's assets that have been frozen amount to nearly 300 billion euros, of which approximately 200 billion are in the European Union.

Meanwhile, estimates of the damage suffered by Ukraine are much higher: the World Bank, the European Community and the United Nations estimate the costs related to the reception and support of displaced persons, environmental impacts, economic losses of businesses and the reconstruction of Ukrainian infrastructure destroyed by Russian bombing (hospitals, schools, universities, churches, power plants, homes, businesses, etc.) at around 450 billion euros.


A legitimate measure , since confiscation would constitute a " countermeasure " under international law.


Customary international law, compiled in a document prepared in 2001 by the United Nations International Law Commission entitled "State Responsibility for Internationally Wrongful Acts," allows an injured State to resort to a countermeasure—in this case, confiscation—against a State responsible for internationally wrongful acts, in order to obtain redress. This document outlines the principles and procedures for applying countermeasures.

However, Russia has been recognized by a large part of the international community as a state responsible for unlawful acts. Numerous international and European institutions have condemned it to end its violations of international law, actions which have led, in particular, to its exclusion from the Council of Europe and the United Nations Human Rights Council.

It will be up to Ukraine to claim the frozen funds, as a countermeasure, and for the States in which there are frozen Russian assets, and in particular the European States, to implement their confiscation.


The association "For Ukraine, for their freedom and ours!" supports the cross-party resolution submitted on February 15th by MPs Benjamin Haddad and Julien Bayou, " relating to the use of frozen Russian assets for the benefit of the war effort and the reconstruction of Ukraine ".


She believes that this measure now depends primarily on a political decision, which falls under the responsibility of the states concerned by the implementation of the confiscation, starting with France, and calls on them to act swiftly in this regard. She also calls on the European Council meeting of March 21 and 22, which will focus in particular on Russia's war of aggression against Ukraine, to declare its clear support for this measure immediately.


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For Ukraine, for their freedom and ours! Association created by 130 academics, joined by many supporters of the Ukrainian cause, carries out actions in support of the cause of Ukraine.
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