The International Claims Commission for Ukraine, established as a special body under the auspices of the Council of Europe, will examine claims arising from the unlawful acts of the Russian Federation committed since 24 February 2022, including its aggression against Ukraine in violation of the UN Charter, as well as breaches of international humanitarian law and international human rights law.

As explained to ICBA by Oleksiy Shevchuk, spokesperson of the Ukrainian National Bar Association (UNBA), partner of Barristers Law Firm, the scope of the Commission’s mandate covers events that occurred on or after 24 February 2022 within the internationally recognized borders of Ukraine, in its exclusive economic zone and continental shelf, as well as in aircraft and vessels under Ukrainian jurisdiction. The Commission will consider claims relating to harm, damage, or injury caused by internationally wrongful acts of the Russian Federation.

Claims may be submitted by natural and legal persons, as well as by the State of Ukraine, including its governmental bodies and state-owned or state-controlled enterprises.

The primary mandate of the Commission will be to examine, assess, and adjudicate claims for compensation arising from internationally wrongful acts committed by the Russian Federation on or against the territory of Ukraine. The Commission is expected to serve as a key mechanism within the system of international justice aimed at documenting and providing redress for losses and damages caused by the aggression.

One of the key steps in launching the Commission’s operations will be the transfer of functions and materials from the Register of Damages to the Commission. Its Secretariat will be established on the basis of the current Secretariat of the Register.

It is envisaged that the Commission will have a permanent seat in one of the States Parties to the Convention.

In addition, the establishment of a Commission Office in Ukraine is foreseen, which will provide support in the performance of its functions.

“The mandate of the Commission clearly defines its primary function: to examine, assess, and adjudicate submitted claims, determining the amount of compensation to be awarded in each specific case. The key principle underlying its work is the fundamental premise that Russia bears international legal responsibility for all losses, damages, and harm caused by its unlawful acts against Ukraine,” said Mr. Shevchuk.

He emphasized that the Commission will have the authority to consider all aspects related to the resolution of claims — ranging from administrative and financial matters to legal and political issues. The decisions and rulings of the Commission, including those concerning the amount of compensation, shall be final and not subject to appeal.

Mr. Shevchuk explained that the establishment of the International Claims Commission is based on the fundamental principles of international law, which oblige a wrongdoing State to provide full reparation for the injury caused by its internationally wrongful acts. In Ukraine’s case, this concerns large-scale losses resulting from the aggression of the Russian Federation.

“Reparation is not only a legal obligation but also a moral imperative: victims must obtain justice and the opportunity to overcome the consequences of what they have endured. The 2022 United Nations General Assembly resolution on remedies and reparations for aggression against Ukraine clearly affirmed that Russia must be held accountable for all violations of international law committed in or against Ukraine. This accountability necessarily includes compensation for the damage caused by its unlawful actions,” he stated.

The concept developed by the Council of Europe, which has assumed the mandate to design a mechanism for compensation of damages, was reaffirmed in the 2023 Reykjavik Summit Declaration. It provides for three sequential elements: the already established Register of Damages for Ukraine, which has received more than 60,000 claims; the forthcoming work of the International Claims Commission as a compensatory body; and the establishment of a special Compensation Fund, which will serve as the financial foundation for reparations.