Reparations
Following the failure of both Washington's pressure on China and Western sanctions against Russia to stop the war, the international courts have become the sole peaceful means left to still the conflict. While the law often remains an effective means to mediate conflict domestically, the critical question of enforcing judgements has long robbed the international courts of their promise for promoting peace a problem painfully evident in Ukraine today.
Even as the fighting rages, two major international courts have already ruled against Russia's invasion, issuing orders for Moscow to cease and desist its military operations. On March 16th, the U.N.'s highest tribunal, the International Court of Justice, ordered Russia to immediately suspend all military operations in Ukraine, a judgment Putin has simply ignored. Theoretically, that high court could now require Moscow to pay reparations, but Russia, as a permanent member of the Security Council, could simply veto that decision.
With surprising speed, on day five of the invasion, the European Court of Human Rights (ECHR) at Strasbourg ruled in the case of Ukraine v. Russia (X), ordering the Kremlin "to refrain from military attacks against civilians and civilian objects, including residential premises, emergency vehicles and" schools and hospitals" a clear directive that Moscow's military continues to defy with its devastating rocket and artillery strikes. To enforce the decision, the court notified the Council of Europe, which, two weeks later, took the most extreme step its statutes allow, expelling Russia after 26 years of membership. With that not-terribly-painful step, the European Court seems to have exhausted its powers of enforcement.
But matters need not end there. The Court is also responsible for enforcing the European Convention on Human Rights, which reads in part: "Every natural or legal person is entitled to the peaceful enjoyment of his possessions." Under that provision, the ECHR could order Russia to pay Ukraine compensation for the war damage it's causing. Unfortunately, as Ivan Lishchyna, an adviser to Ukraine's Ministry of Justice, points out: "There is no international police or international military force that can support any international court judgment."
As it happens, though, there is a blindingly obvious path to payment. Just as a U.S. municipal court can garnish the wages of a deadbeat dad who won't pay child support, so the European Court of Human Rights could garnish the gas income of the world's ultimate deadbeat dad, Vladimir Putin. In its first five weeks, Putin's war of choice inflicted an estimated $68 billion dollars of damage on Ukraine's civilian infrastructure (its homes, airports, hospitals, and schools), along with other losses worth about $600 billion or three times that country's total gross domestic product.
But how would Ukraine collect such a sum from Russia? Any Ukrainian party that has suffered damage whether individuals, cities, or the entire nation could petition the European Court of Human Rights to enforce its judgement in Ukraine v. Russia (X) by awarding damages. The Court could then instruct the Council of Europe to direct all European corporations buying gas from Gazprom, the Russian state monopoly, to deduct, say, 20% from their regular payments for a Ukraine compensation fund. Since Europe is now paying Gazprom about $850 million daily, such a court-ordered deduction, would allow Putin to pay off his initial $600 billion war-damage debt over the next eight years. As long as his invasion continued, however, those sums would only increase in a potentially crippling fashion.
Though Putin would undoubtedly froth and fulminate, in the end, he would have little choice but to accept such deductions or watch the Russian economy collapse from the lack of gas, oil, or coal revenues. Last month, when he rammed legislation through his parliament requiring Europe's gas payments in rubles, not euros, Germany refused, despite the threat of a gas embargo. Faced with the loss of such critical revenues sustaining his economy, a chastened Putin called Chancellor Scholz to capitulate.
With billions invested in pipelines leading one-way to Europe, Russia's petro-dependent economy would have to absorb that war-damage deduction of 20% possibly more, if the devastation worsened or face certain economic collapse from the complete loss of those critical energy exports. That might, sooner or later, force the Russian president to end his war in Ukraine. From a pragmatic perspective, that 20% deduction would be a four-way win. It would punish Putin, rebuild Ukraine, avoid a European recession caused by banning Russian gas, and prevent environmental damage from firing up Germany's coal-fueled power plants.
Paying for Peace
Back in the day of anti-Vietnam War rallies in the United States and nuclear-freeze marches in Europe, crowds of young protesters would sing John Lennon and Yoko Ono's hope-filled refrain, even though they were aware of just how hopeless it was even as the words left their lips: "All we are saying is give peace a chance." But now, after weeks of trial and error over Ukraine, the world just might have a chance to make the aggressor in a terrible war at least begin to pay a price for bringing such devastating conflict back to Europe.
Perhaps it's time to finally deliver a bill to Vladimir Putin for a foreign policy that has involved little more than flattening one hapless city after another from Aleppo and Homs in Syria to Chernihiv, Karkhiv, Kherson, Kramatorsk, Mariupol, Mykolaiv, and undoubtedly more to come in Ukraine. Once the world's courts establish such a precedent in Ukraine v. Russia (X), would-be strongmen might have to think twice before invading another country, knowing that wars of choice now come with a prohibitive price tag.
Copyright 2022 Alfred W. McCoy
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
