Europe | Come and take them

Why the EU will not seize Russian state assets to rebuild Ukraine

It fears the precedent of undermining state immunity under international law

 A Russian flag behind barbed wire at the Russian consulate general in Kharkiv, north-east Ukraine.
Image: Getty Images

“BANK ROBBERS should not expect banks to honour their safe deposit boxes.” So write Larry Summers, formerly America’s Treasury secretary, and his co-authors in a recent article arguing in favour of seizing Russian assets in Western accounts. More than €200bn ($225bn) of Russian central-bank assets are frozen in the EU alone. Politicians in the bloc’s eastern states, not to mention in Ukraine, want them used to pay for the damages caused by Russia’s invasion. The problem is that under international law there is no clear-cut way to seize those assets without a vote in the UN Security Council, a judgment by the International Court of Justice (ICJ) or a post-war settlement. Each of those would require Russia’s agreement.

This article appeared in the Europe section of the print edition under the headline "Come and take them—if you can"

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