On 11 September 2023, the conference for the Register of Damage for Ukraine (the “Register“) laid the foundation for compensation for war-related damages. The conference focused on financial issues and the procedure for appointing the Register’s Board.
The conference resulted in the following:
1. The Register will be fully operational by the first quarter of 2024. That will enable the affected businesses to file damage claims via a new digital platform.
The Register’s Board is currently developing specific rules and guidelines. These will outline the procedure for submitting applications, the criteria for their acceptance, and the categories of damages eligible for compensation.
The Register represents the initial component of the international compensation mechanism. The other components may include a compensation commission and a compensation fund. These bodies would evaluate claims and authorise compensation payments for war-related damages.
2. The Riga Principles are adopted. They include the following.
Victim-centred approach: The Register should be guided by a victim-centred approach, in a manner consistent with States’ obligations to provide remedies and redress to victims, including the most vulnerable, such as women and children.
Its structure and rules for claims eligibility, evidence and procedures should enable the Register to timely register:
Firm legal basis: The Register should operate based on the overarching provisions of international law, that any State responsible for internationally wrongful acts is obliged to make full reparation for the injury caused by such acts.
Authority and legitimacy: The Register’s international legitimacy and authoritative nature should be enhanced, including by taking account of ECHR case law and other international law.
Support to Ukrainian national authorities: All necessary assistance should be provided to national authorities to support the functioning of the Register.
Coherence, complementarity and interoperability: The coherence and complementarity of actions and methodologies for claims processing should be carried out as appropriate, including through IT tools, in the Register’s operations and in other international mechanisms, enabling their interoperability.
Civil society engagement: Relevant national and international bodies should meaningfully consult civil society and non-governmental organisations, including human rights defenders, as well as victims and victim rights organisations.
Work towards an effective reparation: The Register’s work will constitute the first component of an international compensation mechanism. The latter will help ensure full and effective reparation for Ukraine and the victims.
3. The Register’s support continues to grow. Forty-four countries, along with the European Union, have endorsed the establishment of the Register. This collective stance is likely to streamline the compensation.
The above demonstrates a global dedication to launching a workable compensation mechanism. It is crucial for businesses to monitor its development and prepare in advance to apply to the Register.
If you would like to know more about the subject covered in this publication, or our services, please contact Victoria Ivasechko.