Expropriation and other forms of reparation in terms of compensation for damage caused as a result of war crimes: International legal experience

Abstract

As a result of international armed conflicts, questions always arise about the payment of post-war reparations. Although the process of reparation for damages caused as a result of war crimes, in most cases, begins only after the end of such a conflict, its duration and effectiveness depend on the preliminary analysis and choice of an existing reparation or development of a new model. The purpose of the work was the analysis of existing mechanisms for the payment of post-war reparations, and the search for the most effective models of compensation for Ukraine by Russia for the damage caused as a result of military aggression and the commission of international crimes. The dialectical, systemic-structural, historical, comparative, logical-formal, comparative-legal and systemic-functional methods were used. In the results, the legal nature and historical mechanisms of reparation of damage are explained, as well as problematic issues of this institution of the law of international liability are outlined. In the conclusions, different mechanisms of reparation that can be used by the State and those available to individuals, victims of violations of international crimes committed on their territory and mixed models are considered.