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Council of Europe Summit establishes register of war damage for Ukraine

Ukraine
24/05/2023
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On 17 May 2023, 41 nations joined the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine (adopted under the Resolution of the Committee of Ministers CM/Res(2023)3). 

This is part of the effort to implement Resolution of the United Nations General Assembly A/RES/ES-11/5, acknowledging the need for the establishment of an international reparation mechanism and Russian Federation's legal responsibility for internationally wrongful acts committed in Ukraine. 

The Resolution of the Committee of Ministers represents an essential step towards providing compensation for the victims of the war in Ukraine. Specifically, it approves the statute of the Register of Damage, detailing its mandate, functions, legal status, seat, participation, and board. Under the statute, the Register of Damage will function as an intergovernmental platform within the Council of Europe. In addition, the Resolution will manage damage claims, assess their validity, classify, organise, and record eligible claims for subsequent examination and settlement.

Claims qualifying for inclusion in the register must satisfy certain criteria. In other words, they must pertain to damage, loss, or injury caused to all natural and legal persons concerned, as well as Ukraine by Russia's wrongful actions, that have occurred on or after 24 February 2022 within Ukraine's internationally recognised borders and territorial waters.

The Register of Damage will be recognised as a legal entity under the laws of the Netherlands and Ukraine, and it will be based in The Hague. A satellite office will be established in Ukraine to ease communication with the Ukrainian government, potential claimants, and the general public.

Future membership to the Register of Damages is open to any member or observer state of the Council of Europe and the EU, as well as any other state that has supported UNGA Resolution A/RES/ES-11/5.

For further information on war damage compensation in Ukraine, reach out to your usual CMS advisor or local CMS experts: Olga Shenk, Maria Orlyk.

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