Andrea Spagnolo

The Seizure of Russian Assets in the Light of the Law of Armed Conflict: Quid Iuris?

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Abstract

The present contribution briefly scrutinizes the proposal to seize Russian assets for helping Ukraine from the perspective of the law of armed conflicts. Through an analysis of both treaty and customary rules, it is shown that this branch of international law neither authorizes nor prohibits the seizure of Russian assets by non-belligerent Countries. This notwithstanding, it is theoretically possible to argue the legality of such measures in the light of the implementation of some basic rules and principles of the law of armed conflicts, however, there is little practice in support of a positive answer

Keywords

  • russian assets
  • law of armed conflicts
  • neutrality
  • reparation
  • art. 1 common to the Geneva Convention
  • Hague Regulations

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