Council of Europe publishes draft convention on creating claims commission for Ukraine

According to the text, the organization would create an International Claims Commission, with the possibility of later including a compensation fund intended to provide payments to those affected by Russia's unlawful actions in or against Ukraine, Ukrinform reports, citing the Council of Europe's website.

On October 22, the Committee of Ministers of the Council of Europe is expected to approve the draft convention. On December 16, the Council of Europe and the Netherlands will convene a diplomatic conference to adopt the convention and open it for signature by other states.

The convention will cover internationally wrongful acts committed by Russia in or against Ukraine since February 24, 2022, but it will not exempt the aggressor state from responsibility for actions committed since February 20, 2014, and it leaves open the possibility of extending its application back to 2014.

The Commission will review claims for compensation submitted by all affected individuals, legal entities, and by the state of Ukraine, for Russia's unlawful acts on Ukrainian territory within its internationally recognized borders, including airspace, territorial waters, the exclusive economic zone, as well as any aircraft or vessel under Ukraine's jurisdiction.

Commissioners will determine the amount of compensation in each case, and their decisions will be final.

As reported earlier, the compensation mechanism obligating Russia to cover Ukraine's war damages is to be based in the Netherlands.

The initiative to establish a global compensation mechanism was launched by Ukraine's Ministry of Justice in May 2022, together with international partners. The mechanism is to include a Register of Damage, followed by a Claims Commission and a dedicated compensation fund.

In April 2024, the Register of Damage began operation as the first element of the international compensation mechanism designed to ensure redress for victims of Russian aggression.