LEGAL BASIS FOR COMPENSATION FOR DAMAGES CAUSED TO THE STATE IN TIMES OF WAR: A HISTORICAL AND LEGAL PERSPECTIVE

Abstract

The article provides a theoretical, legal, and historical analysis of the mechanism for compensating damage caused to a state as a result of military action, through the prism of the evolution of international legal approaches to the responsibility of the aggressor state. The author substantiates the thesis that compensation for damage caused by war cannot be reduced to a purely financial and compensatory logic, since, by its legal nature, such damage encompasses violations of sovereignty, institutional capacity of the state, stability of the rule of law, and the ability to perform public functions.

Based on historical and legal analysis, the author traces the transformation of the institution of reparations has been traced – from the punitive contributions of the 19th and early 20th centuries to the modern models of restitution, compensation, and satisfaction enshrined in the doctrine of international responsibility of states and codified in the 2001 Draft Articles of the UN International Law Commission. It has been proven that a combination of different forms of compensation is a necessary condition for an effective response to the consequences of armed aggression, rather than an optional element of international legal responsibility.

The author pays particular attention to the analysis of the case law of international judicial institutions and the activities of the UN Compensation Commission, established after Iraq’s aggression against Kuwait, as an example of an institutionalized mechanism for compulsory compensation for damage by the aggressor state. It is argued that this model has demonstrated the effectiveness of specialized compensation bodies with a clearly defined mandate, uniform standards of proof, and guaranteed sources of funding.

In the context of the russian federation’s armed aggression against Ukraine, it is argued that the absence of a universal and effective mechanism for compulsory compensation for damage poses a significant problem for the modern international legal order. Finally, the author argues for the need to create a special international compensation body or tribunal with the power to legally determine the extent of the damage and impose an obligation on the aggressor state to compensate for it.