Considerations on COM(2025)42 - Authorisation of the European Commission to participate, on behalf of the EU, in the negotiations of the international instrument setting up the International Claims Commission for Ukraine - Main contents
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| dossier | COM(2025)42 - Authorisation of the European Commission to participate, on behalf of the EU, in the negotiations of the international ... |
|---|---|
| document | COM(2025)42  |
| date | February 4, 2025 |
(2) In addition to recalling the obligations of States under Article 2 of the Charter of the United Nations, including that of refraining in their international relations from the threat or use of force against the territorial integrity or political independence of any State, the General Assembly expressed grave concern at the loss of life, civilian displacement, catastrophic destruction of infrastructure and natural resources, loss of public and private property, and economic calamity caused by the Russian Federation’s aggression against Ukraine. 12
(3) The United Nations General Assembly recognised that the Russian Federation must be held to account for any violations of international law committed against Ukraine. In addition, it further stressed that the Russian Federation must bear the legal consequences of all of its internationally wrongful acts, including making reparation for the injury, including any damage, caused by its wrongful acts. 13
(4) Under this framework, the United Nations General Assembly emphasised the need to establish, in cooperation with Ukraine, an international mechanism for reparation for damage, loss or injury, arising from the internationally wrongful acts of the Russian Federation in or against Ukraine. 14 To this end, it recommended the creation of an international register of damage to serve as a record, in documentary form, of evidence and claims information on damage, loss or injury to all natural and legal persons concerned, as well as the State of Ukraine, caused by internationally wrongful acts of the Russian Federation in or against Ukraine, as well as to promote and coordinate evidence-gathering. 15
(5) On 12 May 2023, the Committee of Ministers of the Council of Europe adopted the Resolution CM/Res(2023)3 establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine.
(6) In order to push forward accountability efforts towards the establishment of an international mechanism for reparation for damage, loss or injury, and arising from the internationally wrongful acts of the Russian Federation in or against Ukraine, States adopted a stepwise approach, choosing to establish the Register first, to be followed by the other elements of the compensation mechanism, namely a Claims Commission and a Compensation Fund. This approach was reflected in the Register’s Statute, where it is acknowledged that the Register, including its digital platform with all data about claims and evidence recorded therein, is meant as the first component of the compensation mechanism to be established by a separate international instrument in co-operation with Ukraine and relevant international organisations and bodies.
(7) After joining the Register of Damage as a founding Associate Member on 11 May 2023 by means of a notification to the Secretary-General of the Council of Europe, the Union changed its status to Participant on 22 July 2024.
(8) On 29 February 2024, the European Parliament and the Council adopted Regulation (EU) 2024/792 establishing the Ukraine Facility, by which the co-legislators have inter alia provided the legal basis for assistance for initiatives and bodies involved in supporting and enforcing international justice in Ukraine, including by covering the Union’s financial contribution to the Register of Damage.
(9) In 2024, the Office of the President of Ukraine, the Ministry of Foreign Affairs of Ukraine, the Ministry of Foreign Affairs of the Kingdom of the Netherlands and the Register of Damage for Ukraine invited the States that supported the adoption of United Nations General Assembly Resolution A/RES/ES-11/5 to Preparatory Meetings on an International Instrument to establish a Claims Commission for Ukraine in The Hague, the Netherlands. The first formal negotiation round is expected to take place in March 2025.
(10) The Secretariat of the Register of Damage prepared a ‘zero draft’ of an international instrument for the establishment of a Claims Commission for Ukraine. The ‘zero draft’ includes provisions on the Claims Commission’s mandate, function, legal status, seat, membership and participation, organisational structure, financing and budget as well as on the procedure for the review of claims, membership of the Russian Federation, and transfer of the work of the Register of Damage.
(11) Given the interest of the Union in reiterating its firm commitment in ensuring that the Russian Federation bears the legal consequences of its internationally wrongful acts against Ukraine, including the obligation to make reparation for any damage, loss and injury caused by those acts, it is appropriate for the Union to participate in the negotiations of the international instrument setting up the Claims Commission.