Russia has done many terrible things in Ukraine and beyond. So it's no surprise that President Volodymyr Zelensky, Speaker of the House of Representatives Nancy Pelosi, members of the Senate and many other voices are calling on the Joe Biden administration to recognize Russia as a state sponsor of terrorism..

This status, which currently only applies to Cuba, Iran, North Korea, and Syria, may seem like a good way to punish Moscow, help Ukrainians, and express American outrage.. But it’s not,” writes Ingrid Brunk Wurth, international law expert at Vanderbilt University School of Law, in an article for the Washington Post..

She explains that being a state sponsor of terrorism is not a symbolic gesture meant to punish countries that misbehave.. It's a legal trigger built into a complex regulatory framework. The consequences of triggering this mechanism are not easy to determine or unravel..

“In the case of Russia, some of these consequences could be detrimental to the interests of Ukraine and the United States.. They can even help Russia,” notes the author..

Status is a tricky thing.. But recognizing a country as a sponsor of terrorism affects two broad areas of law: domestic litigation and sanctions.. In the case of the former, foreign governments enjoy immunity from US courts both at the state and federal levels.. There are limited exceptions, in particular for cases against state sponsors of terrorism.

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Proposals to include Russia in the list of sponsors of terrorism are based on the behavior of Vladimir Putin during the Second Chechen War, as well as the wars in Georgia, Libya, Syria, Sudan and Ukraine. Thus, Russia will no longer enjoy immunity in cases against it due to crimes committed in all these countries over decades..

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In case of victory, the plaintiffs can achieve execution of sentences at the expense of frozen Russian assets. But such a process would have several negative consequences.. It would allow the Americans to be reimbursed from the frozen assets, but not the Ukrainians (or the Libyans, Syrians and Georgians), who suffered from Putin's brutality.. Also in this way, Russian frozen assets will be depleted, although otherwise they can play the role of an important leverage during peace negotiations.. And these negotiations can provide compensation to many affected groups..

If American victims of Russian aggression begin to receive payments from Russia's frozen assets, this could attract other countries to do the same for their own citizens.. Thus, the global pool of resources that can be used to help Ukraine will be exhausted..

Recognizing Russia as a State Sponsor of Terrorism Will Also Affect Sanctions. The United States, of course, has already introduced a wide range of severe restrictions against the Russian Federation, including those that led to a default on public debt. The total impact of all sanctions on the Russian economy is not yet known. It is possible that new ones will be needed to increase the pressure.. But most of the sanctions that should be imposed under the status of state sponsor of terrorism are already in place against Moscow.. In particular, this is a ban on military exports, various financial sanctions, etc..

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The status will also have an impact in terms of secondary sanctions that could restrict trade and push global food prices even higher.. Ultimately, this could undermine global support for efforts to put pressure on Russia.. US needs loyal allies to isolate the Kremlin. This will require new sanctions that can be formulated in such a way that they concern Russia specifically, including its energy sector and officials.

“Secretary Anthony Blinken should not recognize Russia as a state sponsor of terrorism, Congress should stop pressuring him to do so.”. And Congress should not try to make such a decision on its own.. It is important that the congressmen calling for this did not explain what specific sanctions would be imposed if this status was assigned to Russia, and why they would be useful.. They ignore the consequences of domestic lawsuits. If Congress wants to impose more sanctions against Russia, let them do it through special bills, ”the author urges.