The International Claims Commission will start work on the basis of the Register of Damage — Barristers

The International Claims Commission for 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 Oleksii Shevchuk, spokesperson of the National Bar Association of Ukraine (NBAU) and partner and representative of the Barristers law association, explained to the Interfax-Ukraine agency, the events concerned are those that occurred on or after February 24, 2022 on the territory of Ukraine within its internationally recognized borders, in its exclusive economic zone and on the continental shelf, as well as on aircraft and vessels under Ukrainian jurisdiction. The commission will consider claims relating to damage, losses or injuries caused by internationally wrongful acts of the Russian Federation.

Claims may be submitted by both individuals and legal entities, as well as by the State of Ukraine together with its public authorities and state-owned or state-controlled enterprises.

The commission's main task will be to consider, assess and decide on claims for compensation of damage caused by internationally wrongful acts of the Russian Federation on the territory of Ukraine or against it. At the same time, the commission is to become a key instrument in the system of international justice aimed at documenting and compensating for the losses caused by the aggression.

One of the key steps in launching the commission's work will be the transfer to it of functions and materials from the Register of Damage; the secretariat will be formed on the basis of the Register's current secretariat.

It is envisaged that the commission will have a permanent seat in one of the countries joining the Convention.

In addition, the creation of a commission office in Ukraine is envisaged, which will assist in carrying out its functions.

“The commission's mandate clearly defines its main task: to consider, assess and decide on the claims submitted, determining the amount of compensation to be paid in each specific case. The key principle of its work is the starting premise that Russia bears international legal responsibility for all damage, losses and harm caused by its unlawful 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 judgments and decisions, in particular those concerning the amounts of compensation, are final and not subject to appeal.

Shevchuk explained that the need to create the International Claims Commission is based on the basic principles of international law, which obliges a wrongdoing state to make full reparation for the damage caused by its unlawful actions. In Ukraine's case, this concerns large-scale losses caused by the aggression of the Russian Federation.

“Reparation is not only a legal obligation but also a moral necessity: victims must receive justice and the opportunity to overcome the consequences of what they have been through. The 2022 UN General Assembly resolution on remedy and reparation for the aggression against Ukraine clearly stated that Russia must bear responsibility for all violations of international law in or against Ukraine. This responsibility includes reparation for the damage caused by unlawful acts,” he said.

The concept, developed by the Council of Europe, which took on the authority to develop a mechanism for compensating damage, was confirmed in the Declaration of the 2023 Reykjavik Summit and provides for three consecutive elements: the already established Register of Damage for Ukraine, which has received more than 60,000 applications; the future work of the International Claims Commission as a compensation body; and the creation of a special compensation fund, which will become the financial basis for reparation.