Private Law Theory

ABSTRACT
… Results and Conclusions: The analysis reveals that private tort litigation has proven largely ineffective in practice and conceptually ill-suited to war-related claims. Although recent rulings have lifted Russia’s jurisdictional immunity, serious challenges remain: judgments are consistently not enforced, evidentiary standards are inconsistently applied, and individual litigation fails to ensure equitable distribution of limited resources. Moreover, lawsuits against Ukraine under both specific statutes and general tort law have also yielded limited results due to legislative gaps and the absence of effective enforcement mechanisms. The study concludes that private tort claims, while symbolically important, cannot serve as a sustainable vehicle for post-war justice. Instead, a centralised reparations mechanism, such as the emerging International Compensation Mechanism, offers a more just and effective model for distributing reparations in a manner consistent with principles of distributive justice.

Bohdan Karnaukh, Can Tort Law Handle War? Reflections on Private Litigation for War-Related Damages in Ukraine, Access to Justice in Eastern Europe. Online First publication: 27 October 2025.