The first preparatory meeting on an international instrument to establish a Claims Commission for Ukraine was held in The Hague on 9 and 10 July 2024 with participation of 55 delegations representing States from all continents. The meeting was organised by the Register of Damage for Ukraine, in collaboration with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, the Office of the President of Ukraine and the Ministry of Foreign Affairs of Ukraine.
The purpose of the meeting was to exchange views on further implementation of the United Nations General Assembly Resolution A/RES/ES-11/5 “Furtherance of remedy and reparation for aggression against Ukraine” of 14 November 2022. The Resolution recognises the need to hold the Russian Federation accountable for its aggression and other violations of international law against Ukraine, and to establish an international compensation mechanism to that effect.
As a follow-up to the UN General Assembly Resolution, the Register of Damage for Ukraine was established in May 2023 as “the first component of a future international compensation mechanism to be established by a separate international instrument in co-operation with Ukraine.”
A claims commission is a body that will be mandated to examine claims for compensation submitted to and recorded in the Register of Damage for Ukraine, assess such claims and evidence, and determine the amount of compensation due in each case.
Participants of the preparatory meeting discussed various modalities of establishment of the claims commission for Ukraine, including on the form of the international instrument required, models of organisation and governance of the commission and the requirements for its independence and impartiality. Remarks by the participating delegations underscored the importance of continuing the urgent work towards the establishment of a claims commission for Ukraine as the next step towards a fully-fledged international compensation mechanism.
Dr René Lefeber, Legal Advisor and Head of the International Law Division of the Ministry of Foreign Affairs of the Kingdom of the Netherlands chaired the sessions of the meeting.
The Register of Damage for Ukraine commenced its operations on 2 April 2024, by opening submission of claims – through the digital system Diia – in the first category related to damage and destruction of housing. To date, several thousand claims have already been filed to the Register. Starting in August, the Register will open for the submission of claims in 12 new categories, including loss of life, involuntary internal displacement, and damage to critical infrastructure.
In accordance with Article 2.5 of its Statute, the Register, through its Executive Director and with the support of its Secretariat, is mandated to participate in and facilitate, as appropriate, the work aimed at the establishment of the Compensation Mechanism, including a claims commission.
