Sticker Shock: The ICJ, Russia, and a $300 Billion Price Tag for War

Authors

Caitlyn Quinn

Abstract

Ukraine has experienced unprecedented devastation since Russia launched a full scale invasion into its Eastern territory in February 2022. Thousands have been killed, and billions of dollars of infrastructure has been damaged. As a result, over the past three years, the international community has been evaluating ways to hold Russia accountable and to help rebuild Ukraine upon the cessation of the war. Billions of dollars in Russian Central Bank assets have been frozen, and multiple states have proposed seizing Russia’s frozen assets to meet these objectives. However, outright asset seizure presents genuine legal concerns about foreign sovereign immunity and may set a dangerous international precedent. International legal scholars are working to find a way to seize Russian assets in accordance with international law; however, the international community can hold Russia accountable and support the rebuilding of Ukraine using an alternative method: International Court of Justice (ICJ) reparations. Applying the Articles on Responsibility of State for Internationally Wrongful Acts (ARSIWA), the ICJ Statute, and ICJ case law, this Article demonstrates how the ICJ may order Russia to pay upwards of $300 billion in reparations for its international violations in Ukraine. Furthermore, this Article discusses how the international community would be able to enforce the ICJ’s unprecedented reparations judgment against Russia using countermeasures. Enforcement of the ICJ’s judgment would not only uphold international law but also serve as a critical safeguard for global security by deterring violations of sovereignty and breaches of the peace.

Recommended Citation

Caitlyn Quinn "Sticker Shock: The ICJ, Russia, and a $300 Billion Price Tag for War," American University National Security Law Brief, Vol. 15, No. 1 (2024).
Available at: https://digitalcommons.wcl.american.edu/nslb/vol15/iss1/3