Confiscating Russian assets would be lawless
Would make a mockery of a rule-based international order
March 23, 2023
Letters to the Editor
The Washington Post
Re: “There’s justice in giving Ukraine $300 billion in Russian assets,” (Wed. Opinion by Lawrence H. Summers, Philip D. Zelikow, and Robert B. Zoellick)
To the Editor:
While there may be justice in giving Ukraine $300 billion in frozen Russian central bank assets, the confiscation would be lawless. Such a draconian measure is authorized by the International Emergencies Economic Powers Act only when the United States is “engaged in hostilities or has been attacked by [the] foreign country” owning the assets. The United States is not at war with Russia. The case of confiscating Iraq state funds in 1992 cited by the authors is inapposite because Iraq had engaged in hostilities against the United States in the 1991 Persian Gulf War. The United States would be ill-advised to scorn the law when it is championing a rule-based international order.
Sincerely,
Bruce Fein, associate deputy attorney general under President Reagan, 1981-83, and author of American Empire Before The Fall
300 New Jersey Avenue, N.W., Suite 900
Washington, D.C. 20001
Phone: 202-465-8728; 703-963-4968
Email: bruce@feinpoints.com