The International Commission for the Examination of Claims for Ukraine, established as a special body under the auspices of the Council of Europe, will examine claims regarding the unlawful actions of the Russian Federation committed since February 24, 2022, in particular its aggression against Ukraine in violation of the UN Charter, as well as violations of international humanitarian law and international human rights law.

As Oleksiy Shevchuk, spokesperson for the National Bar Association of Ukraine (NAAU) and partner and spokesperson for Barristers Law Firm, explained to the Interfax-Ukraine news agency, this concerns events that took place on or after February 24, 2022, on the territory of Ukraine within its internationally recognized borders, in its exclusive economic zone and on the continental shelf, as well as in aircraft and vessels under Ukrainian jurisdiction. The Commission will consider claims regarding harm, losses, or injuries caused by the Russian Federation’s internationally unlawful acts.

Claims may be filed by individuals and legal entities, as well as by the State of Ukraine, together with its government agencies and state-owned or state-controlled enterprises.

The Commission’s primary task will be to review, assess, and rule on claims for compensation for damages caused by the Russian Federation’s internationally unlawful acts on the territory of Ukraine or against it. In doing so, the Commission is intended to serve as a key instrument within the system of international justice, aimed at documenting and compensating for losses caused by the aggression.

One of the key steps in launching the Commission’s work will be the transfer of functions and materials from the Register of Damages to the Commission; the secretariat will be formed on the basis of the current secretariat of the Register.

It is envisaged that the Commission will have its permanent seat in one of the countries that accede to the Convention.

In addition, plans call for the establishment of a Commission office in Ukraine to assist in the performance of its functions.

“The Commission’s mandate clearly defines its primary task: to review, assess, and decide on submitted claims, determining the amount of compensation to be paid in each specific case. The key principle guiding its work is the fundamental premise that Russia bears international legal responsibility for all damages, losses, and harm caused by its unlawful actions against Ukraine,” Shevchuk noted.

He emphasized that the commission will have the authority to consider all aspects related to the resolution of claims—from administrative and financial to legal and political. The Commission’s rulings and decisions, particularly those concerning the amount of compensation, are final and not subject to appeal.

Shevchuk explained that the need to establish an International Commission for the Consideration of Claims is based on the fundamental principles of international law, which obligate the offending state to fully compensate for the damage caused by its unlawful actions. In the case of Ukraine, this involves massive losses caused by the Russian Federation’s aggression.

“Reparations are not only a legal obligation but also a moral imperative: victims must receive justice and the opportunity to overcome the consequences of what they have endured. A 2022 UN General Assembly resolution on legal remedies and reparations for the aggression against Ukraine clearly stated that Russia must be held accountable for all violations of international law in Ukraine or against it. “This responsibility includes compensation for the harm caused by unlawful actions,” he said.

The concept developed by the Council of Europe—which has assumed the authority to design a mechanism for compensating damages—was reaffirmed in the Declaration of the 2023 Reykjavík Summit and provides for three sequential elements: the already established Register of Damages for Ukraine, which has received over 60,000 claims; the future work of the International Commission for the Examination of Claims as a compensation body; and the creation of a special compensation fund, which will serve as the financial basis for compensation.