War reparations
War reparations are compensation payments made after a war by the vanquished to the victors.
They are intended to cover damage or injury inflicted during a war. Generally, the term war reparations refers to money or goods changing hands, but not to the annexation of land.
History
Making the defeated party pay a war indemnity is a common practice with a long history.
In Ancient history, the imposition of reparations on a defeated enemy was often the beginning of forcing that enemy to pay a regular tribute.[citation needed]
Rome imposed large indemnities on Carthage after the First (Treaty of Lutatius) and Second Punic Wars.[1]
Some war reparations induced changes in monetary policy. For example, the French payment following the Franco-Prussian war played a major role in Germany's decision to adopt the gold standard;[citation needed] the 230 million silver taels in reparations imposed on defeated China after the First Sino-Japanese War led Japan to a similar decision.[2]
There have been attempts to codify reparations both in the Statutes of the International Criminal Court and the UN Basic Principles on the Right to a Remedy and Reparation for Victims, and some scholars have argued that individuals should have a right to seek compensation for wrongs they sustained during warfare through tort law.[3][4]
Europe
Napoleonic War
Following the Treaty of Paris (1815), defeated France was ordered to pay 700 million francs in indemnities. France was also to pay additional money to cover the cost of providing additional defensive fortifications to be built by neighbouring Coalition countries. In proportion to its GDP, it's the most expensive war reparation ever paid by a country.[5]
Franco-Prussian War
After the Franco-Prussian War, according to conditions of Treaty of Frankfurt (May 10, 1871), France was obliged to pay a war indemnity of 5 billion gold francs in 5 years. The indemnity was proportioned, according to population, to be the exact equivalent to the indemnity imposed by Napoleon on Prussia in 1807.[6] German troops remained in parts of France until the last installment of the indemnity was paid in September 1873, ahead of schedule.[7]
Greco-Turkish War of 1897
Following the Greco-Turkish War (1897), defeated Greece was forced to pay a large war indemnity to Turkey (£4 million). Greece, which was already in default,[clarification needed] was compelled to permit oversight of its public finances by an international financial commission.[8]
World War I
Russians agreed to pay reparations to the Central Powers when Russia exited the war in the Treaty of Brest-Litovsk (which was repudiated by the Bolshevik government eight months later). Bulgaria paid reparations of 2.25 billion gold francs (90 million pounds) to the Entente, according to the Treaty of Neuilly.
Germany agreed to pay reparations of 132 billion gold marks to the Triple Entente in the Treaty of Versailles, which were then cancelled in 1932 with Germany only having paid a part of the sum. This still left Germany with debts it had incurred in order to finance the reparations, and these were revised by the Agreement on German External Debts in 1953. After another pause pending the reunification of Germany, the last installment of these debt repayments was paid on 3 October 2010.[9]
World War II Germany
During World War II, Nazi Germany extracted payments from occupied countries and compelled loans. In addition, countries were obliged to provide resources, and forced labour.
After World War II, according to the Potsdam conference held between July 17 and August 2, 1945, Germany was to pay the Allies US$23 billion mainly in machinery and manufacturing plants. Reparations to the Soviet Union stopped in 1953. Large numbers of factories were dismantled or destroyed.[citation needed] Dismantling in the west stopped in 1950.
Beginning before the German surrender and continuing for the next two years, the United States pursued a vigorous program of harvesting all technological and scientific know-how as well as all patents and many leading scientists in Germany (known as Operation Paperclip). Historian John Gimbel, in his book Science Technology and Reparations: Exploitation and Plunder in Postwar Germany, states that the "intellectual reparations" taken by the U.S. and the UK amounted to close to $10 billion.[10] German reparations were partly to be in the form of forced labor. By 1947, approximately 4,000,000 German POWs and civilians were used as forced labor (under various headings, such as "reparations labor" or "enforced labor") in the Soviet Union, France, the UK [citation needed], Belgium and in Germany in U.S run "Military Labor Service Units".
World War II Italy
According to the Treaty of Peace with Italy, 1947, Italy agreed to pay reparations of about US$125 million to Yugoslavia, US$105 million to Greece, US$100 million to the Soviet Union, US$25 million to Ethiopia, and US$5 million to Albania.
Other World War II reparations
Finland could only negotiate an interim peace deal with Soviet Union by agreeing to extensive reparations, and was eventually the only country to pay settled war reparations in full. The total amount of reparations rose to 500 million US dollars, at the value of the dollar in 1953.[11] Hungary agreed to pay reparations of US$200 million to the Soviet Union, and US$100 million apiece to Czechoslovakia and Yugoslavia. Romania agreed to pay reparations of US$300 million to the Soviet Union, but the real sum that Romania had to pay was $1.2 billion.[12] Romania paid $5.6 million in 1945[13] and was coerced to pay through SovRom $2 billion.[14] Bulgaria agreed to pay reparations of $50 million to Greece and $25 million to Yugoslavia. According to the articles of these treaties, the value of US$ was prescribed as 35 US dollars to one troy ounce of pure gold.
Japan
Sino-Japanese War of 1895
The Treaty of Shimonoseki, signed on April 17, 1895, obliged China to pay an indemnity of 200 million silver taels (¥3.61 billion) to Japan; and to open the ports of Shashi, Chongqing, Suzhou and Hangzhou to Japanese trade.
World War II Japan
According to Article 14 of the Treaty of Peace with Japan (1951): "Japan should pay reparations to the Allied Powers for the damage and suffering caused by it during the war. Japan will promptly enter into negotiations with Allied Powers". War reparations made pursuant to the San Francisco Peace Treaty with Japan (1951) include: reparations amounting to US$550 million (198 billion yen 1956) were made to the Philippines, and US$39 million (14.04 billion yen 1959) to South Vietnam; payment to the International Committee of the Red Cross to compensate prisoners of war (POW) of 4.5 million pounds sterling (4.54109 billion yen) was made; and Japan relinquished all overseas assets, approximately US$23.681 billion (379.499 billion yen).
The United States signed the peace treaty with 49 nations in 1952 and concluded 54 bilateral agreements that included those with Burma (US$20 million 1954, 1963), South Korea (US$300 million 1965), Indonesia (US$223.08 million 1958), the Philippines (US$525 million/52.94 billion yen 1967), Malaysia (25 million Malaysian dollars/2.94 billion yen 1967), Thailand (5.4 billion yen 1955), Micronesia (1969), Laos (1958), Cambodia (1959), Mongolia (1977), Spain ($5.5 million 1957), Switzerland, the Netherlands ($10 million 1956), Sweden and Denmark. Payments of reparations started in 1955, lasted for 23 years and ended in 1977. For countries that renounced any reparations from Japan, it agreed to pay an indemnity and/or grants in accordance with bilateral agreements. In the Joint Communiqué of the Government of Japan and the Government of the People's Republic of China (1972), the People's Republic of China renounced its demand for war reparations from Japan. In the Soviet–Japanese Joint Declaration of 1956, the Soviet Union waived its rights to reparations from Japan, and both Japan and the Soviet Union waived all reparations claims arising from war. Additionally, Ceylon (now Sri Lanka), under President J. R. Jayewardene, declined war reparations from Japan.[15]
Iraq war reparations
After the Gulf War, Iraq accepted United Nations Security Council Resolution 687, which declared Iraq's financial liability for damage caused in its invasion of Kuwait.[16] The United Nations Compensation Commission (UNCC) was established, and US$350 billion in claims were filed by governments, corporations, and individuals. UNCC accepted and awarded compensions claims for $52.4 billion to approximately 1.5 million successful claimants; as of July 2019, $48.7 billion has been paid and only $3.7 billion was left to be paid to Kuwait on behalf of the Kuwait Petroleum Corporation.[17] The UNCC says that its prioritization of claims by natural people, ahead of claims by governments and entities or corporations (legal persons), "marked a significant step in the evolution of international claims practice." Funds for these payments were to come from a 30% share of Iraq's oil revenues from the oil for food program.
See also
- Treaty of Frankfurt (1871)
- Treaty of Versailles
- Yalta Conference
- Potsdam Conference
- Boxer Protocol
- Treaty of San Francisco (1951)
- Treaty on Basic Relations between Japan and the Republic of Korea (1965)
- Reparations (transitional justice)
- Legal remedy
- Restitution
- Haiti indemnity controversy
- Reparation (legal)
- Reparations Agreement between Israel and West Germany, Holocaust reparations
- World War I reparations, made from Germany due to the signing of the Treaty of Versailles
Notes
- ^ Livy. Ab urbe condita (The Early History of Rome, books I–V, and The History of Rome from its Foundation, books XXI–XXX: The War with Hannibal), London; Penguin Classics, 2002 and 1976.
- ^ Metzler, M. 2006. Lever of Empire: The International Gold Standard and the Crisis of Liberalism in Prewar Japan. Berkeley and Los Angeles: University of California Press.
- ^ Abraham, Haim (2019-12-01). "Tort Liability for Belligerent Wrongs". Oxford Journal of Legal Studies. 39 (4): 808–833. doi:10.1093/ojls/gqz025. ISSN 0143-6503.
- ^ Crootof, Rebecca (2016-01-01). "War Torts: Accountability for Autonomous Weapons". University of Pennsylvania Law Review. 164 (6): 1347.
- ^ E. N. White (2001). "Making the French pay: the cost and consequences of the Napoleonic reparations". European Review of Economic History (5): 337–65..
- ^ A. J. P. Taylor, Bismarck: The Man and the Statesman, without taking in account the Napoleonic War reparation (London: Hamish Hamilton, 1955), p. 133.
- ^ Brown, Frederick (2010). For the Soul of France : culture wars in the age of Dreyfus (1st ed.). New York: Alfred A. Knopf. p. 88. ISBN 0307279219. OCLC 419798763.
- ^ Wynne William H., (1951), State insolvency and foreign bondholders, New Haven, Yale University Press, vol. 2.
- ^ "'Germany makes final payment for WWI reparations'". The Jerusalem Post - JPost.com. Archived from the original on 24 October 2012. Retrieved 3 February 2016.
- ^ Norman M. Naimark The Russians in Germany ISBN 0-674-78405-7 pg. 206
- ^ "Bank of Finland timeline: 60 years after the war reparations".
- ^ "Spolierea României la Tratatul de Pace de la Paris". Historia. Archived from the original on 3 February 2016. Retrieved 3 February 2016.
- ^ "România sărăcită. Jaful, politică de stat a URSS faţă de cei învinşi". Archived from the original on 23 September 2015. Retrieved 3 February 2016.
- ^ Stephen D. Roper, Romania: The Unfinished Revolution, Routledge, London, 2000, p. 18
- ^ migration (8 September 2014). "Japan PM Abe ends Sri Lanka trip with visit to temple". straitstimes.com. Archived from the original on 23 March 2018. Retrieved 30 April 2018.
- ^ "RESOLUTION 687 (1991)" (PDF). U.S. Department of the Treasury. 9 April 1991. Archived (PDF) from the original on 2017-05-05. Retrieved 23 August 2017.
- ^ "PRESS RELEASE UNITED NATIONS COMPENSATION COMMISSION PAYS OUT US$270 MILLION" (PDF). United Nations Compensation Commission. 23 July 2019. Retrieved 6 August 2019.
References
- Wheeler-Bennett, Sir John "The Wreck of Reparations, being the political background of the Lausanne Agreement, 1932", New York, H. Fertig, 1972.
- Ilaria Bottigliero "Redress for Victims of Crimes under International Law", Martinus Nijhoff Publishers, The Hague (2004).
- Livy. Ab urbe condita (The Early History of Rome, books I–V, and The History of Rome from its Foundation, books XXI–XXX: The War with Hannibal), London; Penguin Classics, 2002 and 1976.
- Mantoux, E. 1946. The Carthaginian Peace or The Economic Consequences of Mr. Keynes. London: Oxford University Press.
- Morrison, R. J. 1992. Gulf war reparations: Iraq, OPEC, and the transfer problem. American Journal of Economics and Sociology 51, 385–99.
- Occhino, F., Oosterlinck, K. and White, E. 2008. How much can a victor force the vanquished to pay? Journal of Economic History 68, 1–45.
- Ohlin, B. 1929. The reparation problem: a discussion. Economic Journal 39, 172–82.
- Oosterlinck, Kim (2009). "Reparations". In Durlauf, Steven N.; Blume, Lawrence E. (eds.). The New Palgrave Dictionary of Economics (Online ed.). Palgrave Macmillan. doi:10.1057/9780230226203.1920.
- Schuker, S. A. 1988. ‘American reparations’ to Germany, 1919–33.: implications for the third-world debt crisis. Princeton Studies in International Finance no. 61.
- White, E. N. 2001. Making the French pay: the cost and consequences of the Napoleonic reparations. European Review of Economic History 5, 337–65.
External links
- Treaty of Peace with Japan Signed at San Francisco on 8 September 1951
- The United Nations Compensation Commission
- Reparations for the gross violations of human rights during the regime of Democratic Kampuchea (the Khmer Rouge) in Cambodia
- Treaty of Peace Between Japan and India (1952)
- Treaty of Peace Between Japan and the Union of Burma (1954)
- Agreement Between Japan and Thailand Concerning Settlement of "Special Yen Problem" (1955)
- Reparations Agreement Between Japan and the Republic of the Philippines (1956)
- Treaty of Peace Between Japan and the Republic of Indonesia (1958)
- Reparations Agreement Between Japan and the Republic of Vietnam (1959)
- Agreement of 21st September, 1967, Between Japan and the Republic of Singapore
- Agreement of 21st September, 1967, Between Japan and Malaysia
- Joint Communique of the Government of Japan and the Government of the People's Republic of China (1972)
- Japan's Records on War Reparations, The Association for Advancement of Unbiased View of History
- War Responsibility, Postwar Compensation, and Peace Movements and Education in Japan
- Petra Schmidt, "Disabled Colonial Veterans of the Imperial Japanese Forces and the Right to Receive Social Welfare Benefits from Japan" Sydney Law Review, vol. 21(1999) pp. 231-259