Aggressor State, Aggressor Individual, and What International Law Does/Should Protect

This note examines the measures taken against Russian citizens in the context of the Russo-Ukrainian War in positive international law and analyzes the rationale for sanctioning individual citizens of an aggressor state. It questions whether the gravity of state aggression by Russia enables measures targeting individuals based solely on their Russian citizenship by investigating whether the blanket denial of asylum and imposition of travel bans for Russian citizens constitutes a breach of norms of international law. It further tests this citizenship link by turning to the legality of denationalization of pro-Russian Ukrainian citizens under international law. Building on this foundation, the note probes the existing schemes of responsibility under international law and corporate law to delve into how international law should approach citizens of an aggressor state.

∗ Yale University Fox Fellow at iCourts, University of Copenhagen. Yale Law School (LLM). Galatasaray University (LLB).