A new milestone in the establishment of an international Claims Commission for Ukraine was reached this week with the Third Preparatory Meeting, held in The Hague, the Netherlands, from 13 to 15 November. The meeting brought together representatives from a broad cross-regional group of states that supported the United Nations General Assembly Resolution A/RES/ES-11/5, titled “Furtherance of Remedy and Reparation for Aggression against Ukraine.”
Building on the progress of previous meetings held in July and September, participants examined various analytical notes — including lessons learned from previous claims commissions and possible modalities for establishment of a commission for Ukraine — and reviewed the second revision of the “zero draft” for the Commission's founding instrument. The meeting focused on refining the text, clarifying the provisions, and fostering dialogue. Although the proceedings have not yet entered a negotiation phase, preliminary support has emerged for advancing the draft as a legally binding international treaty.
Strong international support is coalescing around the establishment of a Claims Commission for Ukraine, as demonstrated by the momentum generated during this week’s meeting. The discussions and insights from this meeting represent another vital step toward establishing a comprehensive framework to address claims for compensation related to the Russian Federation’s aggression against Ukraine.
The Claims Commission, mandated to examine claims recorded by the Register of Damage for Ukraine and determine the amount of compensation due for each case, represents the second crucial component of the future compensation mechanism designed to ensure fair and effective reparations for the aggression of the Russian Federation against Ukraine.
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.
Preparations are already underway for a Fourth Preparatory Meeting, scheduled for January 2025, where stakeholders will continue refining the framework for the Commission. Plans are also underway for commencing formal negotiations on a treaty to establish the Claims Commission.
Background
The Register of Damage for Ukraine – the first component of a compensation mechanism for Ukraine – commenced operations on 2 April 2024 by opening for the submission of claims through the digital system Diia, focusing initially on damage and destruction of housing. To date, over 12,000 claims have been submitted to the Register. The Register is preparing to open for the submission of claims in 12 additional categories, including loss of life and disappearance, 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.
