Immobilizzazione, congelamento e confisca di beni russi a favore dell’Ucraina alla luce del diritto internazionale

For over a year, the debate on how to make Russian assets, frozen due to restrictive measures, available to Ukraine has been at an impasse. Proponents of total confiscation of these assets, such as the United States, have struggled to fully convince European Governments and secure broad support within the G7 framework. The central issue in this debate is the compatibility of such initiatives with international law. Both the immobilization of Central Bank reserves and the asset freezing of targeted individuals, conflict with various international obligations, including those arising from the customary rules on State immunity and the treatment of aliens, as well as investment treaties. The primary argument for transferring Russian assets to Ukraine is that it is justifiable as a countermeasure in response to the serious violation of international law represented by the aggression. The goal is to compel the Russian Federation to fulfill its obligations, not only to cease its unlawful conduct but also to repair the damage caused.