In her article for The Kyiv Independent, the Head of the ILI Tetyana Khutor described what changes in international law are needed to recover Russian frozen assets and use them to rebuild Ukraine
According to some Western lawyers, international law does not allow the recovery of aggressor assets.
This question consists of two parts: the political ‘Is it possible?’ and the legal ‘How?’.
Whether?
Like any law, international law is subject to change, especially if the goals for which it was created are not being achieved, because it was the existing loopholes in international law that led to the largest war since World War II.
How?
Governments should find out what assets have been frozen and put them into a single fund to preserve and grow the assets. Their management should be aimed at generating the highest returns and then channeling them to rebuild Ukraine. This profit can be separated from the principal by taxing the ‘sanctioned assets’ at the highest rates.
The strategic plan is to implement the Global Compensation Mechanism. The most important decision should be the conclusion of an international multilateral agreement that will close the gaps in international law and fill the Compensation Fund with Russian money.