Intl Claims Commission to start working grounded in Register of Damage
The International Claims Commission for Ukraine, established as a special body under the auspices of the Council of Europe, will consider claims for damage, losses or injuries caused by the unlawful actions of the Russian Federation since February 24, 2022, 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, relating to damage, loss or injury.
Oleksiy Shevchuk, a spokesperson for the Ukrainian National Bar Association and a partner at JSC Barristers, told Interfax-Ukraine that this concerns events that occurred on or after February 24, 2022, within Ukraine's internationally recognized borders, exclusive economic zone, and continental shelf, as well as on Ukrainian aircraft and vessels. The commission will consider claims related to harm, losses, or injuries caused by the Russian Federation's internationally wrongful actions.
Both individuals and legal entities, as well as the Ukrainian state and its authorities and state-controlled enterprises, will submit claims.
The commission's main task will be to consider, evaluate, and decide on claims for compensation for damage caused by the Russian Federation's internationally unlawful actions on Ukrainian territory or against Ukraine. The commission will also be 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 is the transfer of functions and materials from the Register of Damage. The secretariat will be formed based on the current Register secretariat.
It is expected that the Commission will have a permanent location in one of the countries that will join the Convention.
In addition, the creation of a commission office in Ukraine is planned to provide assistance in carrying out its functions.
"The Commission's mandate clearly defines its primary task: to consider, evaluate, and make decisions on submitted claims, determining the amount of compensation to be paid in each specific case. The key principle of its activity is the premise that Russia is internationally responsible for all damage, losses, and harm caused by its illegal actions against Ukraine," said Shevchuk.
He emphasized that the Commission will have the authority to consider all aspects related to resolving claims, including administrative, financial, legal, and political aspects. The Commission's judgments and decisions, particularly those concerning the amount of compensation, are final and cannot be appealed.
Shevchuk explained that the need for the International Claims Commission is based on the fundamental principles of international law that obligate the offending state to fully compensate for damage caused by its unlawful actions. In Ukraine's case, we are talking about large-scale losses caused by the Russian Federation's aggression.
"Reparation is a legal and moral obligation. Victims must receive justice and the opportunity to overcome the consequences of their experiences. The 2022 UN General Assembly resolution on remedies and reparations for aggression against Ukraine clearly states that Russia is responsible for all violations of international law in or against Ukraine. This responsibility includes compensating those harmed by unlawful actions," he said.
The Council of Europe developed the concept of a compensation mechanism, which was confirmed in the 2023 Reykjavik Summit Declaration. The mechanism has three elements: the Register of Damage for Ukraine, which has received over 60,000 applications; the International Claims Commission, which will handle future claims; and a special compensation fund, which will provide the financial basis for compensation.
