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Ideas

Let's Turn Frozen Russian Assets Into "Pre-Paid" War Reparations For Ukraine

The Kremlin is increasingly focused on the destruction of infrastructure in Ukraine. The government in Kyiv will be entitled to reparations. Russia should know now: the more it destroys in Ukraine, the less it will get back from its foreign billions.

a street in Kyiv damaged by a Russian shell.

Western states should declare that the secured Russian financial resources will be used for a reconstruction fund for Ukraine.

Clemens Wergin

-OpEd-

BERLIN — Russian troops have been bogged down for weeks, making no progress toward their goal of occupying key Ukrainian cities and the entire country. As a result, many military strategists are convinced that Russia's President Vladimir Putin can no longer win this war.

Stay up-to-date with the latest on the Russia-Ukraine war, with our exclusive international coverage.

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This does not mean, however, that he won't continue to bomb the country to rubble, as he has been doing for weeks, without distinguishing between civilians and civilian facilities on the one hand and military targets on the other.

No one knows how long it will take Putin to come to the realization that he must end this war. The question is how to contain the Russian destructive work in that interim period until Moscow — which is on the verge of national bankruptcy — feels compelled to stop its illegal war.


Actually, the West has important leverage in the form of the hundreds of billions of frozen Russian foreign assets. France, Germany, Japan, and the United States alone currently hold about $350 billion in Russia's foreign reserves.

Therefore, Western states should publicly declare as soon as possible that the secured Russian financial resources will be used for a reconstruction fund for Ukraine. The logic behind such a move would be clear: The more Russia destroys in Ukraine, the less it will get back from its foreign billions.

Pre-paid war reparations

Normally, reparations are part of peace negotiations and they can often only be enforced if the original aggressor has lost the war. In this case, however, the international community is in the comfortable position that reparations would not have to be extorted from the aggressor by force, but are — as if prepaid — already being held by foreign central banks.

Ukraine has already filed a lawsuit at the International Court of Justice in The Hague for compensation for the war damage. Kyiv scored a partial victory when the court, in a preliminary ruling, nullified Russia's reasons for the war and called on Moscow to end it immediately.

A coalition of the willing in the West could use this legally binding ruling as a basis to transfer frozen Russian billions to an international fund for compensating Ukrainian war victims and rebuilding Ukraine.

To make it clear to Putin: The more he destroys in Ukraine, the poorer post-war Russia will be.

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Economy

Lex Tusk? How Poland’s Controversial "Russian Influence" Law Will Subvert Democracy

The new “lex Tusk” includes language about companies and their management. But is this likely to be a fair investigation into breaking sanctions on Russia, or a political witch-hunt in the business sphere?

Photo of President of the Republic of Poland Andrzej Duda

Polish President Andrzej Duda

Piotr Miaczynski, Leszek Kostrzewski

-Analysis-

WARSAW — Poland’s new Commission for investigating Russian influence, which President Andrzej Duda signed into law on Monday, will be able to summon representatives of any company for inquiry. It has sparked a major controversy in Polish politics, as political opponents of the government warn that the Commission has been given near absolute power to investigate and punish any citizen, business or organization.

And opposition politicians are expected to be high on the list of would-be suspects, starting with Donald Tusk, who is challenging the ruling PiS government to return to the presidency next fall. For that reason, it has been sardonically dubbed: Lex Tusk.

University of Warsaw law professor Michal Romanowski notes that the interests of any firm can be considered favorable to Russia. “These are instruments which the likes of Putin and Orban would not be ashamed of," Romanowski said.

The law on the Commission for examining Russian influences has "atomic" prerogatives sewn into it. Nine members of the Commission with the rank of secretary of state will be able to summon virtually anyone, with the powers of severe punishment.

Under the new law, these Commissioners will become arbiters of nearly absolute power, and will be able to use the resources of nearly any organ of the state, including the secret services, in order to demand access to every available document. They will be able to prosecute people for acts which were not prohibited at the time they were committed.

Their prerogatives are broader than that of the President or the Prime Minister, wider than those of any court. And there is virtually no oversight over their actions.

Nobody can feel safe. This includes companies, their management, lawyers, journalists, and trade unionists.

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