Ukraine Progresses Towards Compensation: International Claims Commission Convention in the Hague
Ukraine is making progress towards receiving compensation for the damages caused by Russia since the invasion in February 2022. A new convention will be adopted in the Hague on December 16 to establish an International Claims Commission for Ukraine. This marks the second step out of three needed for Kyiv to secure compensation. The first step was the creation of the Register of Damage for Ukraine (RD4U) in 2023, which has already received over 60,000 claims.
The next and final step would be the establishment of a compensation fund, potentially funded by frozen Russian assets, to be administered by the Council of Europe or one of its member states. The register and claims commission are expected to play a role in future Russian reparations and could be part of a peace deal between the two countries. The commission will determine the type and amount of compensation due, focusing on events since the full-scale invasion in February 2022.
The claims cover Ukraine's internationally recognized borders, including Crimea and the Donetsk and Luhansk regions. Three panels will assess the claims, with member countries sending experts in international law, dispute resolution, insurance, and damage assessment. The convention will enter into force once 25 participating states ratify it, a process expected to happen quickly given the support for the register.
The Netherlands has been instrumental in driving the compensation initiative for Ukraine, drafting the convention and gaining approval from Council of Europe bodies. While the register and commission have a European focus, they are open to countries worldwide. Russia could join as a member or observer, but it is unlikely. If Russia were to join, it would have to cover the commission's costs, currently expected to be covered by participating states.