[Recent developments]: 16th December – Establishing the International Claims Commission for Ukraine

Tomorrow, on Tuesday, 16th December 2025, high-ranking European officials and politicians will meet in The Hague, the city of peace and justice, to launch a new convention establishing an International Claims Commission for Ukraine (the Commission). The convention will be open for signature to all states and regional integration organisations, with an observer status also available to international organisations. The Commission shall decide claims for compensation of damage, loss, or injury caused by internationally wrongful acts committed by the Russian Federation in or against Ukraine, as well as any violations by the Russian Federation of international humanitarian law and international human rights law. This marks a further step in the pursuit of accountability for the gross violations of international law committed by the Russian Federation (Russia) against Ukraine.

Background & Road to Accountability: 

The backbone of international law, the Charter of the United Nations (UN), obliges all States to ‘refrain in their international relations from the threat or use of force’ in a manner inconsistent with the purposes of the UN. Russia's aggression against Ukraine has been deplored as a violation of Article 2(4) of the Charter, and an ‘internationally wrongful act'. Under international law, the state responsible for the internationally wrongful act is under an obligation to make full reparation for the injury caused by its acts (International Law Commission. Art. 31, ‘Responsibility of States for Internationally Wrongful Acts’.

In Ukraine’s context, the UN General Assembly in November 2022 passed a Resolution titled ‘Furtherance of remedy and reparation for aggression against Ukraine’, recognising that Russia must be held accountable for any violations of international law against or within Ukraine and must face legal consequences, including providing reparations. The Assembly recognised the need for an international mechanism for the reparation of damage, loss, or injury arising from the internationally wrongful acts of the Russian Federation in or against Ukraine.

However, due to the paralysed functioning of the UN Security Council, of which Russia is a permanent member with veto power, various avenues have been explored to establish an international reparation mechanism. Consequently, work has continued under the auspices of the Council of Europe (CoE) on compensation and accountability tools, such as the Register of Damage for Ukraine (Register) and the Special Tribunal for the Crime of Aggression against Ukraine (not yet operational). 

First Step – Register of Damage for Ukraine: 

The Register was created in 2023 to record, assess, and determine the eligibility of claims submitted by individuals, entities, and the State of Ukraine for compensation for damage inflicted by Russia. However, it does not have the mandate to examine and evaluate them, as these powers will be vested in the Commission, which, once it is fully operational, will take over the Register’s work. As of December 2025, the Register has 41 state participants and 4 Associate Members and has received over 80,000 claims. 

What is the International Claims Commission for Ukraine? 

Within the international reparation mechanisms, the Commission will serve as the second pillar, following the Register as the first, with a possibility for a compensation fund to be established as the third step. The Commission will serve as the administrative body responsible for assessing, reviewing, and deciding on claims submitted to the Register or, once established, directly to it, to determine compensation, if any, on a case-by-case basis.  

The assessment of claims and determination of compensation will be carried out by panels of Commissioners, nominated by members to the convention, as well as through open application, with the goal of ensuring diversity in expertise and experience required for the task. It will consist of independent experts specialising in international law, dispute resolution, damage assessment, and related fields.  

As noted on the CoE website, formal negotiations were convened between the Netherlands and Ukraine, with the CoE’s support, and more than 50 states and the European Union were working on the ‘Draft Convention Establishing an International Claims Commission for Ukraine’. It enters into force after being ratified by 25 states or regional integration organisations, including a requirement that the financial commitments are sufficient to support the Commission's initial work. 

Where to follow the Conference on Tuesday, 16th, 2025: 

The live broadcasts of both: 

• Diplomatic Conference (English, French, Spanish, Ukrainian): https://fb.me/e/1UGAZkvTK0; 

• Press Conference (English, French, Ukrainian): https://lnkd.in/eaBumfux will be available to follow. 

Additional sources: 

• Draft Convention Establishing an International Claims Commission for Ukraine; 

• Responsibility of States for Internationally Wrongful Acts; 

• UN General Assembly Resolution, ‘‘Furtherance of remedy and reparation for aggression against Ukraine”.