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Russia must at least pay for the financial damage caused by its war of aggression in Ukraine. Switzerland should also guarantee this. According to Parliament’s will, it should participate in the debate on the international legal basis for the seizure of Russian state assets. The Council of States decided this on Thursday.
With 21 votes in favor and 19 against and three abstentions, the small chamber accepted five identical motions from the National Council.
Russia must pay for the damage
The text of the motion requires the Federal Council to take measures so that the international legal basis for a recovery mechanism at international level can be developed. This is intended to allow frozen funds from an aggressor’s central bank or assets of state-owned enterprises to be legally transferred to an attacked state.
In concrete terms, this involved reparations to Ukraine from Russian state assets – and in particular frozen funds from the Russian central bank.
The National Council accepted the proposals during the autumn session. Before the October 2023 elections, they were submitted by five members of the National Council factions SP, Greens, GLP, Center and FDP. The Federal Council agreed to the order. He can now start implementing it.
Opponents see that international law is being violated
The Legal Commission of the Council of States (RK-S) called for the motions to be rejected by 7 votes to 5. Majority spokesperson Pirmin Schwander (SVP/SZ) said it is undisputed that state assets are protected by state immunity under international law. It is not in Switzerland’s interest to weaken this principle.
The majority of the Commission also believed that the motions were not necessary, as Switzerland was already participating in debates at international level on a recovery mechanism.
International law protects small states, not large ones, said Daniel Jositsch (SP/ZH): “We must strengthen international law.” But the motions and continued efforts of the Federal Council went in the opposite direction. “That is why I urge caution.”
Legally, the motions must be rejected, emphasizes Beat Rieder (Centre/US). It is not about a moral judgment: “Morally, we all want to help Ukraine.”
Russia is harming the entire community of states
Like Jositsch, Rieder also pointed out that demands could also be made on Switzerland in the future. The Council of State of Valais has also pointed out numerous open questions regarding reparations. For example, it is unclear how a state should function if the necessary resources are withdrawn. It is also unclear how a state can be forced to pay without starting a war.
Minority spokesperson Andrea Caroni (FDP/AR) responded to opponents of the motions by saying that Ukraine itself had access to Russian assets, which was not disputed. “Anyone who unlawfully causes damage to another state must make reparation. That is a principle.”
The Council of States of Ausserrhoden outlined a possible argument according to which Russia’s war of aggression harms not only Ukraine, but the entire community of states with an interest in peace. The international community might also make demands on Russia. The motion does not presuppose an answer, Caroni emphasizes.
It is about exploring the existing legal framework and, if necessary, further developing it, the FDP politician said. Switzerland should bring its powers: “If Switzerland can hold up a flag, it is that of international law.” Caroni also pointed out that rejecting the motions would be a more problematic signal than accepting them.
That Moscow must pay for the war damage in Ukraine is also the will of the UN General Assembly, which labeled Russia as an aggressor in a resolution, according to Carlo Sommaruga (SP/GE). Discussions are already underway at international level. (SDA)
Source:Blick
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