Convention establishing an International Claims Commission for Ukraine
Frequently asked questions
Updated on 20 May 2026
1. What is the International Claims Commission for Ukraine?
The International Claims Commission for Ukraine will be the administrative body set up within the framework of the Council of Europe. It will review, assess and decide on claims for compensation of damage, loss or injury caused by internationally wrongful acts committed by the Russian Federation in or against Ukraine. It will determine the amount of compensation, if any, which is due in each case.
(Internationally wrongful acts is a term in international law referring to conduct by states or international organisations that is attributable to them under international law, breaches their international obligations and triggers legal consequences.)
2. Why is an International Claims Commission necessary?
Under international law, a state that has committed an internationally wrongful act is under an obligation to make full reparation for the injury caused by that act.
The United Nations General Assembly, in its 2022 Resolution entitled “Furtherance of remedy and reparation for aggression against Ukraine”, recognised that the Russian Federation must be held to account for any violations of international law in or against Ukraine, and must bear the legal consequences of all of its internationally wrongful acts, including making reparation for injury, including any damage, caused by such acts.
The United Nations General Assembly also recognised the need to establish an international reparation mechanism for damage, loss or injury arising from the internationally wrongful acts of the Russian Federation in or against Ukraine.
The Council of Europe has been working on such a comprehensive compensation mechanism (as highlighted in the Reykjavik Summit Declaration of 2023). This mechanism includes the already established Register of Damage for Ukraine, which is fully operational and has received over150,000 claims, as the first component; the International Claims Commission as the second component; and a compensation fund as a future third step.
3. Compensation: for which violations, when, where, and who can make a claim?
Claims concern damage, loss or injury caused by internationally wrongful acts committed by the Russian Federation in or against Ukraine. This includes Russia’s aggression against Ukraine in violation of the Charter of the United Nations, and as well as any violations by the Russian Federation of international humanitarian law and international human-rights law. These violations must have taken place:
(a) on or after 24 February 2022;
(b) (i) on the territory of Ukraine within its internationally-recognised borders, which includes its land, airspace, internal waters and territorial sea;
(ii) in the exclusive economic zone of Ukraine and on its continental shelf, in accordance with international law and, as applicable, Ukraine’s national legislation; or
(iii) to any aircraft or vessel under the jurisdiction of Ukraine; and
(c) to all natural and legal persons concerned, as well as the State of Ukraine, including its regional and local authorities and state-owned or controlled entities.
4. What kind of claims will the Claims Commission consider?
Claims examined can be those submitted to and recorded by the Register of Damage or claims submitted directly to the Commission after its establishment.
The list of categories of claims that may currently be submitted to the Register is broad and includes various types of damage, loss or injury. The full list of categories is available here. The procedure for submitting claims is explained here.
5. Who will decide on the claims?
Claims will be examined by panels of commissioners – independent experts in the fields of international law, dispute resolution, damage assessment and other relevant fields.
6. How will claimants receive compensation?
The Claims Commission will only review, assess and decide upon claims and determine any amount of compensation due in each case. The third step of the international compensation mechanism – namely a compensation fund – still needs to be put in place. Interested parties are continuing to explore possible sources of compensation funding.
7. When will the International Claims Commission be established?
The International Claims Commission will be established when 25 countries or regional integration organisations have ratified the governing Convention establishing the International Claims Commission for Ukraine, with the requirement that the associated financial commitments are sufficient to support the initial work of the Commission.
8. Which states will take part?
The members and observers of the Claims Commission will only be known after the ratification processes.
9. Where will it be located?
The Claims Commission will have its seat in The Hague in the Netherlands.
10. What is the link between the International Claims Commission and the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine?
The Register of Damage is the body created within the Council of Europe framework which collects and records claims for compensation submitted by individuals, entities and the State of Ukraine. The Register also retains the supporting evidence for these claims. Its work includes categorising, classifying and organising claims based on certain criteria. It assesses claims, determines their eligibility and records eligible claims.
The Register does not examine or evaluate claims it receives on their merits, neither does it assess their value or order any payments. That will be the function of the International Claims Commission.
The Register and its work will be transferred to the International Claims Commission as soon as possible after the latter body is established.
Forty-four states and the European Union have so far joined the Register – 41 as participants and four as associate members.
11. How is the Claims Commission embedded within the Council of Europe? Can non-member states join?
The Claims Commission will be established by an “open convention” of the Council of Europe, and will be an independent body within its institutional framework.
Open conventions are Council of Europe treaties that are open to non-member states. Most of Council of Europe conventions are open conventions and allow non-members to become parties.
In the case of the Convention establishing an International Claims Commission for Ukraine, any state, the European Union, and any other regional integration organisation may become a member of the commission by becoming a party to the convention.
The Convention is open for signature to all Council of Europe member states, the EU, and any other states that voted in favour of the “Furtherance of remedy and reparation for aggression against Ukraine” resolution (14 November 2022) at the United Nations General Assembly. Thirty-four states and the European Union signed the convention on the first day it was opened for signature.
After the convention enters into force, the parties can invite any other state or regional integration organisation to accede to the Convention.
All members, whether Council of Europe member states or not, will be on an equal footing in the Claims Commission.
12. Can the Russian Federation become a member of the Convention?
The Russian Federation may become a member, under specific conditions foreseen in the convention.
13. How much will the Claims Commission cost? Who will pay for it?
While the exact costs are still being calculated, the main costs are likely to be lower than those of other international claims commissions, owing to the use of digital technology.
The Russian Federation, should it become a member, will bear the costs of the Commission. Until then, the Commission will be financed through the annual contributions of members and through voluntary contributions.
14. What political support is there for the Claims Commission?
There is significant interregional and global interest in supporting the Claims Commission. Fully 94 countries around the world supported the “Furtherance of remedy and reparation for aggression against Ukraine” resolution before the United Nations General Assembly, which formed the political basis for the establishment to the Commission.
In 2023 European Heads of State and Governments referred to this resolution in the Reykjavik Summit Declaration , stated they aimed to establish a compensation mechanism “which may include a claims commission and compensation fund”.
Fifty-five states took part in the negotiations on the convention, including 14 delegations representing states that are not Council of Europe member states. The European Union also actively took part, and has been one of the strongest political supporters of the formation of the Claims Commission.
The Parliamentary Assembly of the Council of Europe has also actively supported the creation of a compensation mechanism since 2022, including the establishment of a claims commission since January 2023.
Thirty-four states and the European Union signed the convention on 16 December 2025 when it was opened for signature. By 20 May 2026, the convention had been signed by a total of 38 states and the European Union and ratified by six of the signatories.
15. How will the Claims Commission interact with international courts, including the European Court of Human Rights? Is it related to the Special Tribunal for the Crime of Aggression against Ukraine?
International courts, including the European Court of Human Rights, can consider cases that include damage, loss or injury similar to the claims that will be submitted to the Claims Commission.
In its decision-making, the Claims Commission has to take into account – as appropriate – relevant judgments or awards by courts, tribunals or other adjudicative bodies established under international law. Appropriate measure will be taken to prevent double compensation being awarded for the same damage, loss or injury.
The International Claims Commission and the Special Tribunal for the Crime of Aggression against Ukraine, although both to be established within the institutional framework of the Council of Europe, will operate independently of one another, with different mandates, legal basis and membership.
16. How is the EU involved?
The European Union has been one of the strongest political supporters of this initiative. The EU has helped to coordinate political backing among its member states and actively participated in the negotiations on the draft Convention. Both the European External Action Service and the EU Commission cooperated closely with the Council of Europe secretariat. The EU may become a party to the Convention and a member of the Claims Commission.
17. Is there an agreement setting out how the Claims Commission will interact with relevant courts, including the European Court of Human Rights ?
International courts, including the European Court of Human Rights, may consider cases that include damage, loss or injury similar to the claims that will be submitted to the Claims Commission.
The draft Convention states that, in its decision-making, the Claims Commission will take into account – as appropriate – relevant judgments or awards by courts, tribunals or other adjudicative bodies established under international law. Appropriate measures will be taken to avoid double compensation being awarded for the same damage, loss or injury. Cooperation will be established with the European Court of Human Rights. It will be facilitated by the fact that the Claims Commission will be part of the institutional framework of the Council of Europe.
In the judgment of the European Court of Human Rights in the case of Ukraine and the Netherlands v. the Russian Federation of 9 July 2025, the Court considered that “any future award made in respect of the applicant Ukrainian Government in the present case pursuant to Article 41 of the Convention must have due regard to the establishment of the Register of Damages and the ongoing discussions concerning a future compensation mechanism.
18. Is the Claims Commission related to the Special Tribunal for the Crime of Aggression against Ukraine?
Despite the fact that both the International Claims Commission and the Special Tribunal for the Crime of Aggression against Ukraine are to be established within the institutional framework of the Council of Europe, these are two different mechanisms, with different mandates, legal basis and membership, and will operate independently of one another.
19. Whose idea was this in the first place?
The proposal to establish an international compensation mechanism was promoted by Ukrainian experts and government officials.
The idea quickly gained a lot of support, including from international lawyers, human rights organisations and governments leading to the adoption of the above-mentioned 2022 United Nations General Assembly Resolution “Furtherance of remedy and reparation for aggression against Ukraine”. The Parliamentary Assembly of the Council of Europe also clearly supported the idea, and, in the Reykjavik Summit Declaration, Heads of State and Governments of the Council of Europe expressed their willingness to engage with the international community in further developing such a compensation mechanism.
The Netherlands played a special role in achieving progress on the Claims Commission. Besides its political support for the idea, the Netherlands suggested hosting discussions in The Hague, where the Register of Damages is already located.
20. How does the Claims Commission relate to ongoing peace talks?
The Claims Commission will focus on compensating for damage, loss or injury and will therefore contribute to ensuring accountability and justice. While peace talks focus on ending hostilities, mechanisms like this one ensure that the victims of the war are not left without recognition of what they have endured, and that reparation of the damage caused by the war is provided.
21. When will the Claims Commission be up and running, and where will it be located?
It is hoped that many states will quickly sign and ratify the draft Convention.
Once the conditions are met for the Convention to enter into force, the transfer of the Register of Damage to the Claims Commission will have to be completed. The secretariat of the Register should then become the secretariat of the Claims Commission.
The Claims Commission would start with three panels. Parties to the Convention will decide upon creating new panels. The speed with which the Claims Commission will reach full operational capacity will therefore depend on the will of the parties involved.
The Claims Commission will have its seat in the territory of one of the Parties to the Convention.