Originally from The American Review of International Arbitration (ARIA)

PREVIEW PAGE

I.     INTRODUCTION

As we write this article, almost one and a half years have passed since Russia launched a war of aggression on Ukraine, gravely violating international law. Ukraine has undertaken different legal measures to remedy the situation. A closer look reveals the deficiencies of the existing legal framework to prevent the war and hold Russia accountable for the atrocities and crimes committed in Ukraine. Despite the tragedy, this situation provides a unique opportunity for the international community to address existing gaps and to design a sound mechanism that would restore justice and serve as a solid foundation for a peaceful future.

This short contribution briefly depicts the shortcomings of the existing system (Part I) and discusses possible solutions (Part II).

II.    AVAILABLE MECHANISMS FALL SHORT OF DELIVERING JUSTICE

Compensation for war damages could be sought on the national and international levels. National remedies, such as criminal investigations and compensation proceedings before the domestic courts, pose a number of challenges related to capacities, pathways to enforcement, and their overall deterrent potential in view of the scale of injustice and the need to ensure accountability on the international level.  However, the existing instruments of international law do not provide for a comprehensive accountability pathway either. The jurisdictional hurdles of the existing mechanisms and the limited scope of the review are among the critical limitations of the existing fora. The following section will briefly highlight the peculiarities of the (A) International Criminal Court, (B) International Court of Justice, (C) European Court of Human Rights and (D) International Investment Arbitration.