Representatives from a broad cross-regional group of more than 50 states gathered for the 4th preparatory meeting on an international instrument to establish a Claims Commission for Ukraine in The Hague from 28 to 30 January 2025.
Hosted by the Office of the President of Ukraine, the Ministry of Foreign Affairs of Ukraine, the Ministry of Foreign Affairs of the Netherlands, and the Register of Damage for Ukraine, the meeting was chaired by Dr. René Lefeber, Legal Advisor and Head of the International Law Division at the Dutch Ministry of Foreign Affairs. The meeting was held in the facilities of the European Union Agency for Criminal Justice Cooperation (Eurojust), and the organisers are grateful to Eurojust for the support provided.
Building on progress made in previous meetings in July, September and November last year, discussions focused on options for the negotiation process and the institutional framework with a presentation by the Council of Europe on open Council of Europe conventions. Participants exchanged views on membership modalities and scales of assessment and reviewed the third revised version of the “zero draft” of the international instrument to establish a Claims Commission for Ukraine.
This meeting marked the conclusion of the preparatory work on an instrument to establish a Claims Commission for Ukraine, and the process now transitions to formal negotiations in the form of a multilateral Intergovernmental Negotiation Committee (INC) to be led by the Netherlands and Ukraine and supported by the Register of Damage for Ukraine.
An invitation to participate in the treaty negotiations will be extended to the 94 States that supported the United Nations General Assembly Resolution A/RES/ES-11/5, titled “Furtherance of Remedy and Reparation for Aggression against Ukraine,” as well as the European Union. A draft of the international treaty to establish a Claims Commission for Ukraine will be circulated for deliberation during the first negotiating round of the INC.
The Council of Europe stands ready to play a key role in the establishment of the Claims Commission and has been tasked with developing a proposal for draft Terms of Reference for an open Council of Europe convention.
Broad international support has solidified around the creation of a Claims Commission for Ukraine. The discussions and insights from the 4th preparatory meeting represent a pivotal step toward formal negotiations aimed at establishing a robust framework to address compensation claims stemming from the Russian Federation’s aggression against Ukraine. This growing momentum underscores the international community’s unwavering commitment to accountability and redress for Ukraine.
