russia ukraine war
How do war survivors claim damages?
<p>A Modern Example:</p>
<p>Numerous Ukrainians survivors have had their homes destroyed by Russian missiles.  If the Russian prevail in this conflict, then I would think that said survivors can not claim damages against the victor.  On the other hand for the purposes of the question, let us assume that the Ukrainians prevail in this conflict.</p>
<p>How &amp; in what forum would a Ukrainian survivor claim / recover damages from Russia for the destruction of his / her home?</p>

<h2>Currently, there is no recourse</h2>
<p>The Russian state is sovereign. This means the Russian government has to tell the Russian courts that they allow people to sue Russia for specific, enumerated things. If the Kremlin has not done so, then Russia has total, <a href="https://en.wikipedia.org/wiki/Sovereign_immunity" rel="nofollow noreferrer">sovereign immunity</a> from such claims.</p>
<p>In the <a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" aria-label="show questions tagged &#39;united-states&#39;" rel="tag" aria-labelledby="tag-united-states-tooltip-container">united-states</a>, the <a href="https://en.wikipedia.org/wiki/Federal_Tort_Claims_Act" rel="nofollow noreferrer">FTCA</a> regulates how and when you can sue the USA or federal institutions for torts, while <a href="https://en.wikipedia.org/wiki/Foreign_Sovereign_Immunities_Act" rel="nofollow noreferrer">FSIA</a> regulates how or when you can sue other countries in the USA.</p>
<p>In <a href="/questions/tagged/russia" class="post-tag" title="show questions tagged &#39;russia&#39;" aria-label="show questions tagged &#39;russia&#39;" rel="tag" aria-labelledby="tag-russia-tooltip-container">russia</a>, the <em><a href="https://base.garant.ru/71237734/" rel="nofollow noreferrer">Federal Law No. 297-FZ of November 3, 2015 &quot;On Jurisdictional Immunities of a Foreign State and Property of a Foreign State in the Russian Federation&quot;</a></em> seems to be a very similar law to FSIA. I could not determine <strong>if</strong> an equivalent to the FTCA exists.</p>
<h2>Reparations would be handled by a peace treaty with Ukraine</h2>
<p>Besides a law that allows claims against Russia, a Ukrainian-Russian peace treaty might contain a passus about reparations.</p>
<p>There are three very traditional ways how such handle reparations: In one case, such a treaty could establish that Russia pays the reparations to Ukraine, and then claims against Russia are paid out by Ukraine. In the other case, the treaty provides a framework to sue Russia for compensation. And in the last variant, no compensation for civilians is agreed upon at all.</p>
