The Moral and Legal Case for Seizing Russian Assets to Rebuild Ukraine: REPO for Ukrainians Act (H.R. 4175)

What does justice look like in the face of war? As Ukraine continues its fight for the rights, values, and freedom against Russia, this question becomes more than just a philosophical debate—it is a moral and legal necessity. With ever-growing atrocities and severe casualties lasting for more than two years now, the world has to finally break the silence by posing a question: How can we hold Russia accountable? What can be done to effectively address Ukraine‘s economic and humanitarian needs?

On February 24, 2022, the world watched in horror as the Russian Federation launched an unprovoked and unjustified full-scale invasion of the sovereign state of Ukraine. The G7 characterized Russia's actions as a severe violation of international law, regarding respect for Ukraine's sovereignty and territorial integrity as described in the UN and Paris Charters, the Helsinki Final Act, and the Budapest Memorandum. This aggression not only caused serious damage to the infrastructure of Ukraine but was also deliberately directed against the civilian population, violating the Geneva Conventions. The damage—both human and economic—has been staggering. As of January 2024, Russia’s war has caused over $155 billion in direct damage, leaving millions displaced, thousands dead, and Ukraine’s economy in shambles.

While diplomatic efforts to end the war remain complex, the United Nations General Assembly has made it clear that Russia must be held accountable. On November 14, 2022, the Assembly officially acknowledged the importance of holding Russia accountable and encouraged the creation of an international mechanism to provide Ukraine with reparations. But with ongoing war and rising costs, how can Ukraine rebuild now? One potential measure involves the G7 confiscating Russian state assets within their jurisdictions and then transferring them to Ukraine. 

Since the Russian full-scale invasion, G7 has frozen about $300 billion of Russian sovereign assets. Over $220 billion is located in the EU, and ~$5B in the U.S. With rising costs of war, there is no time to keep these funds frozen until Russia halts its aggression and pays compensation.

To tackle issues raised by the UN General Assembly and uphold international law, the U.S. Congress has introduced H.R. 4175 "Rebuilding Economic Prosperity and Opportunity for Ukrainians Act" or the "REPO for Ukrainians Act". It validates that the full seizure of Russian sovereign assets is both feasible and legally justifiable.

Assigned to the House Committees on Foreign Affairs, Financial Services, and the Judiciary, the REPO for Ukrainians Act authorizes the U.S. Secretary of State to repurpose frozen Russian sovereign assets owned by the government, Central Bank, or Direct Investment Fund. It provides for the establishment of the Ukraine Support Fund, comprised of Russian sovereign assets held in U.S. financial institutions and managed by the Secretary of State in coordination with USAID administrators, to address Ukraine's financial burdens due to Russian aggression. The act emphasizes U.S. collaboration with international allies to establish the Common Ukrainian Fund, which will use the funds from the Ukraine Support Fund and contributions from foreign partners for the transparent distribution of these assets via bilateral and multilateral agreements. The deposited funds must be directly linked to Ukraine's reconstruction or humanitarian aid.

Critics of seizing Russian assets may argue that such measures would violate legal norms or lead to a dangerous precedent of asset seizures based on political conflicts. However, the REPO for Ukrainians Act directly counters this argument by grounding the policy in international law. REPO Act creates a clear mechanism for holding Russia accountable for committed crimes and allows the transfer of frozen Russian assets. As most of the assets are in Europe, the U.S. initiative will set a precedent for international allies to act in kind. Most importantly, these funds will be directed to the recovery of Ukraine and humanitarian aid for those affected by the war.

The American public remains divided on the extent of U.S. involvement in Ukraine. While support for direct aid has waned in some circles, polling shows that both Republicans and Democrats strongly favor continued sanctions against Russia. Furthermore, 55% of Americans believe it is in the national interest to support Ukraine’s defense of democracy, even if that means prolonged U.S. involvement. In this context, the REPO Act represents a middle ground—a way to continue supporting Ukraine without direct financial aid from U.S. taxpayers. Instead, it repurposes funds that are already frozen and essentially belong to Ukraine, considering the scale of the destruction.

Seizing Russia’s frozen assets is not just about Ukraine. It’s about upholding the principles of international law and ensuring that aggressor states face real consequences. If we allow Russia’s aggression to go unanswered, we open the door to future violations of sovereignty and human rights on a global scale. The REPO Act should be supported not just by those concerned with Ukraine but by anyone who values a rules-based international order.

The time to repurpose Russia’s assets is now, and the REPO for Ukrainians Act is the legal tool we need to make that happen.

Olha Burdeina is a sophomore at Brown University concentrating in International and Public Affairs. She is a staff writer for the Brown Undergraduate Law Review and can be contacted at olha_burdeina@brown.edu 

Maia Eng is a junior at Brown University concentrating in International and Public Affairs. He is an editor for the Brown Undergraduate Law Review and can be contacted at maia_lourdes_eng@brown.edu