Pace could be faster: Tochytskyi on compensation mechanism for Ukraine
The process of establishing compensation and legal mechanisms for Ukraine is proceeding on schedule, and the circle of states participating in the Convention Establishing the International Claims Commission for Ukraine will continue to expand.
This was stated by Mykola Tochytskyi, Permanent Representative of Ukraine to the Council of Europe, in an interview with Ukrinform.
The diplomat emphasized that there are three permanent key drivers behind the process of creating compensation mechanisms: the Council of Europe as an institution, the Netherlands as the state hosting the Register of Damage and where the Commission and the Special Tribunal will be based, and Ukraine itself.
“The Council of Europe acts as the principal architect and legal adviser of these processes. It is here that the mechanisms are developed that will later operate in the Netherlands. There are many similar precedents — for example, the Organisation for the Prohibition of Chemical Weapons, created within the UN framework, functions as an institution on the territory of the Netherlands. At the same time, there are no modern historical analogues to the creation of a compensation commission; the path currently being taken by the Council of Europe is unique,” Tochytskyi noted.
He added that, overall, the process is moving according to the timeline envisaged by Ukraine, although the pace could be higher.
“There is no limit to perfection, and, of course, we would like to see faster progress. However, much depends on the financial dimension, since the main burden is borne by the participating states, including supporting Ukraine’s defense capability and delivering justice. In addition, countries whose legislation requires it must still complete the ratification procedure for the Convention,” the diplomat explained.
Tochytskyi also noted that 35 signatures under the Convention establishing the compensation mechanism constitute a powerful result.
“Experts at the Council of Europe defined a minimum ‘threshold’ of 25 countries. Today, we have 34 states plus the European Union — this is fully sufficient to launch the preparatory work. Although, of course, in a period of wartime diplomacy one always wants more,” he said.
The Permanent Representative of Ukraine to the Council of Europe also predicted that the number of signatories would continue to grow. In particular, some of the ten states that signed the final act of the international conference in The Hague may accede to the Convention.
“Some of these countries participated in the conference as observers — for example, Costa Rica or Ecuador. This in no way prevents them from subsequently joining both the compensation commission and the special tribunal. Many participants simply did not have time to obtain the necessary mandates: in some cases, a transition period is ongoing; in others, a government has only just been formed. There are also those who, for political reasons, are currently taking a wait-and-see approach, including in the context of peace negotiations,” he concluded.
As reported by Ukrinform, Greece has become the 35th country to sign the Convention Establishing the International Claims Commission for Ukraine, which will examine claims for damage caused by Russia’s aggression against Ukraine.