The International Commission for the Examination of Claims of Ukraine, established as a special body under the auspices of the Council of Europe, will consider claims for damage caused since February 24, 2022, by the unlawful actions of the Russian Federation, in particular its aggression against Ukraine in violation of the UN Charter, as well as violations of international humanitarian law and international human rights law.
As explained to Interfax-Ukraine by Oleksiy Shevchuk, spokesperson for the Ukrainian National Bar Association (UNBA), partner and representative of Barristers JSC, the Commission will consider claims relating to damage, loss, or injury caused by internationally unlawful actions of the Russian Federation. The commission will consider claims relating to damage, loss, or injury caused by internationally wrongful acts of the Russian Federation.
Claims may be submitted by individuals and legal entities, as well as by the state of Ukraine together with its authorities and state-owned or controlled enterprises.
The main task of the commission will be to consider, evaluate, and make decisions on claims for compensation for losses caused by internationally wrongful acts of the Russian Federation on the territory of Ukraine or against it. At the same time, the commission should become a key instrument in the international justice system aimed at documenting and compensating for losses caused by aggression.
One of the key steps in launching the commission’s work will be the transfer of functions and materials from the Register of Losses to it, and the secretariat will be formed on the basis of the current secretariat of the Register.
It is expected that the commission will have a permanent location in one of the countries acceding to the Convention.
In addition, there are plans to establish a commission office in Ukraine to assist in the performance of its functions.
“The commission’s mandate clearly defines its main task: to review, evaluate, and decide on claims submitted, determining the amount of compensation to be paid in each specific case. The key principle of its activity is the initial position that Russia bears international legal responsibility for all losses, damages, and harm caused by its illegal actions against Ukraine,” Shevchuk noted.
He stressed that the commission will have the authority to consider all aspects related to the resolution of claims, from administrative and financial to legal and political. The commission’s verdicts and decisions, in particular those concerning the amount of compensation, are final and not subject to appeal.
Shevchuk explained that the need to establish an international commission to consider claims is based on the basic principles of international law, which obliges the offending state to fully compensate for the damage caused by its illegal actions. In the case of Ukraine, this refers to the massive losses caused by the Russian Federation’s aggression.
“Reparation is not only a legal obligation but also a moral necessity: victims must receive justice and the opportunity to overcome the consequences of their experiences. The 2022 UN General Assembly resolution on legal remedies and reparations for aggression against Ukraine clearly stated that Russia must be held accountable for all violations of international law in Ukraine or against it. This responsibility includes compensation for the damage caused by unlawful actions,” he said.
The concept was developed by the Council of Europe, which assumed the authority to develop a mechanism for compensation for damages. It was confirmed in the 2023 Reykjavik Summit Declaration and provides for three consecutive elements: the already established Register of Losses for Ukraine, which has received more than 60,000 applications; the future work of the International Claims Review Commission as a compensation body; and the establishment of a special compensation fund, which will serve as the financial basis for compensation.
