Europe's Faustian Bargain: Seize Russian Reserves To Fund Its Own Armory?

(MENAFN- The Rio Times) (Op-Ed Analysis) Europe today finds itself in a paradox: deeply committed to Ukraine's defense, yet financially strained.

With Washington signaling a pullback on open-ended military support, Brussels and Berlin are confronting a dilemma: how to arm Ukraine when the treasury is effectively empty.

Into this breach steps German Chancellor Friedrich Merz, proposing that the EU repurpose the roughly €194 billion of Russian assets frozen at Euroclear to provide Kyiv with interest-free loans for weapons.

This is no mere accounting gimmick; it signals a profound shift in how Europe views property, sovereignty, and international law.

The logic, and the danger, of“financing war with enemy assets”

On its surface, the proposal seems almost poetic: let the aggressor pay by turning its own reserves against it. But beneath lies a high-wire act with legal, financial, and geopolitical risks:

Legal uncertainty over sovereign immunity & countermeasures

Frozen Russian central bank assets are protected by principles of sovereign immunity. Confiscating them outright would break a long-established international norm.

Some scholars argue that such a seizure might be defensible as a“countermeasure” in response to Russia's illegal war - but even then, countermeasures must generally be reversible, proportionate, and temporary.

Recent contested precedents cited by critics include:

• the 2003 U.S.-led invasion of Iraq (described by UN Secretary-General Kofi Annan as not in conformity with the UN Charter),
• NATO's 1999 bombing of Yugoslavia over Kosovo (often characterized as“illegal but legitimate” given the lack of Security Council authorization), and
• the 2018 U.S.–UK–France airstrikes in Syria without UNSC approval under a disputed humanitarian-intervention rationale.

Precedent risk and asset flight

If Europe confiscates a major state's reserves, other large holders of foreign reserves (including emerging economies) may question the safety of holding deposits in the euro system.

This could accelerate capital flight away from Western depositories. Analysts warn that the sacred status of central bank reserves could be irrevocably weakened.

Litigation, retaliation, and unpredictability

Russia has already threatened decades of lawsuits, and private Russian investors are exploring arbitration claims.

Meanwhile, Moscow could retaliate-targeting Western assets, freezing or confiscating them, or using economic coercion-turning a financial maneuver into a broader conflict in the global economy.

Strain on the euro and the clearing system

Euroclear, the Belgian depository, could face credibility risks if principal assets are repurposed, prompting higher risk premiums and a shift by reserve managers away from European market infrastructure.

Moral and symbolic costs

A move from freezing to seizing undermines the West's rules-based order narrative. Once that door opens, others can rationalize similar measures-perhaps against Western assets-whenever geopolitics turn rough.

A middle path:“milking” instead of“killing”

Some European voices urge a more cautious approach: not outright confiscation, but leveraging the interest and windfall profits generated by the immobilized reserves.

Under current EU arrangements, almost all net interest on Russian-held cash at Euroclea r is already captured and can be channeled to Ukraine.

This offers a lower-risk pathway to support Kyiv without breaching core norms or triggering cascading legal backlash.

Belgium, which hosts Euroclear, remains especially cautious. It has resisted demands to hand over principal and warns that doing so could threaten its own legitimacy and financial exposure.

Europe's credibility is on trial

The underlying conditions that drove Merz's proposal are real: a hemorrhaging European fiscal position, the U.S. pressing Europe to take up more of the burden, and an urgent need to ensure Kyiv is not left defenseless.

The implications are harsh: if Europe takes Russia's money today, others will wonder whether their reserves are safe tomorrow.

Europe is caught between the moral urgency of supporting Ukraine and the structural risk of eroding the architecture of financial stability.

If Brussels does seize the assets, it will go down in history not just as a war-time maneuver-but as a turning point in whether financial promises, safe-haven institutions, and reserve systems can be trusted.

From my vantage point, the wiser path is to push harder on multilateral debt instruments, joint European backing, and legally robust mechanisms that allow the use of interest profits now while keeping the principal off limits.

If Europe abandons its own principles in the name of necessity, it may save Ukraine-but at the risk of losing the financial world that undergirds its influence.

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