In a historic step towards securing reparations for Russia’s aggression against Ukraine, the Diplomatic Conference for the Adoption of the Convention Establishing an International Claims Commission for Ukraine (Diplomatic Conference) has finalised and approved the agreement to launch the International Claims Commission for Ukraine (Claims Commission).

Co-Organised by the Council of Europe and the Kingdom of the Netherlands, and attended by 52 States from around the world and the European Union, the Diplomatic Conference formally adopted the Convention Establishing an International Claims Commission for Ukraine (Convention). The Claims Commission will be mandated to decide claims and determine any amount of compensation due in each case for damage, loss, or injury caused by internationally wrongful acts committed by the Russian Federation in or against Ukraine on or after 24 February 2022. The Claims Commission will be an independent body within the institutional framework of the Council of Europe.

34 States and the European Union formally signed the Convention immediately after it was opened for signature. More States are expected to sign the Convention in the future, as it remains open to all States that participated in the Conference, are member States of the Council of Europe, or voted in favour of United Nations General Assembly Resolution ES-11/5.

Opening the Conference, the Secretary General of the Council of Europe, Alain Berset, observed that:

“The Council of Europe wasted no time. We created the Register of Damage for Ukraine in 2023. Forty-four states and the European Union have joined. Over eighty-five thousand claims have been submitted — and counting. From recording losses to deciding claims, we have chosen the fastest and most realistic path. A path leading to a Claims Commission developed within the Council of Europe framework.”

The President of Ukraine, Volodymyr Zelenskyy, emphasised that:

"We expect that every mechanism for compensation – from the Register of Damage and Claims Commission to the actual payments – will start working and receive strong and sufficient international support, so that people can truly feel that any kind of damage caused by the war can be compensated."

In anticipation of the Convention’s entering into force, the Diplomatic Conference also adopted a Resolution requesting the Netherlands to host the Claims Commission for the duration of its work. The Resolution further requested that the Council of Europe set up an advance team, with the participation of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (Register of Damage for Ukraine), to prepare the initial steps for the launch of the Claims Commission. The Committee of Ministers of the Council of Europe were asked to establish a Preparatory Committee that would subsequently be convened by the Secretary General of the Council of Europe.

The adoption of the Convention follows the mandate given by the United Nations General Assembly in Resolution ES-11/5 of 14 November 2022, which recognised the need for an international mechanism to ensure reparation for the aggression of the Russian Federation against Ukraine. It also builds upon the work of the Register of Damage for Ukraine established in 2023 under the umbrella of the Council of Europe, in which 44 States and the European Union are members.

Reflecting on this continuous progress made towards the Executive Director of the Register of Damage for Ukraine, Markiyan Kliuchkovskyi, stated that:

“Today marks a decisive step towards justice for Ukraine. We now look ahead to the Claims Commission becoming fully operational, building on the work of the Register of Damage for Ukraine. I am confident that the Commission will receive the same strong and sustained international support that has underpinned the Register’s success. Claimants in Ukraine must be assured that all harm resulting from Russia’s aggression can and will be compensated. Today’s Diplomatic Conference demonstrated a clear and collective commitment, under the auspices of the Council of Europe, to uphold international law and meet the demands of justice.”

Preparatory work towards an international instrument establishing a claims commission for Ukraine commenced in July 2024, and was organised by the Netherlands, Ukraine, and the Register of Damage for Ukraine. This work and the subsequent formal negotiations of the Convention were supported by more than 50 States, with the Executive Director of the Register serving as the Secretary of the negotiations process in accordance with the Register’s statutory mandate to participate in and facilitate the work to set up the Claims Commission.

Following the entry into force of the Convention, the Register will transfer its work to the Claims Commission, which will be the successor of the Register.

In addition to the Convention and Resolution, the Diplomatic Conference adopted a Final Act reaffirming that the Russian Federation must bear the legal consequences of all of its internationally wrongful acts, including making reparation for the injury caused by such acts. In addition to the 35 signatories of the Convention, the Final Act was also signed by an additional 10 States from all regions of the world.

The Convention Establishing an International Claims Commission for Ukraine is available on the website of the Council of Europe in English, French, and Spanish.

Register of Damage for Ukraine

The Register of Damage for Ukraine, established under the auspices of the Council of Europe, serves as an essential first step toward an international compensation mechanism. To date, the Register has received more than 86,000 claims for compensation arising from loss, damage, or injury caused by the internationally wrongful acts of the Russian Federation, and has already recorded more than 30,000 claims that fulfil its eligibility criteria.

Currently, claims can be submitted in 14 categories:

► A1.1 (involuntary internal displacement)

► A2.1 (death of an immediate family member)

► A2.2 (missing immediate family member)

► A2.3 (serious personal injury)

► A2.4 (sexual violence)

► A2.5 (torture or inhuman or degrading treatment or punishment)

► A2.6 (deprivation of liberty)

► A2.7 (forced labour or service)

► A2.8 (forcible transfer or deportation of children)

► A2.9 (forcible transfer or deportation of adults)

► A3.1 (damage or destruction of residential immovable property)

► A3.2 (damage or destruction of non-residential immovable property)

► A3.3 (loss of housing or residence)

► A3.6 (loss of access or control of immovable property in the temporarily occupied territories)

Additional categories of claims will be launched in the near future.

The Register continues to encourage all eligible individuals to submit their claims. Information on claims categories, eligibility criteria, and submissions procedures is available on the Register’s website here.