15:57 26 Jan 2023

Compensation for damages to Ukraine caused by russia's aggression: PACE has determined future mechanism

With the help of a multilateral agreement, open to all like-minded states and with the support of the UN, the Council of Europe, the EU, and other international organizations, an international mechanism for compensation for damages caused to Ukraine and its citizens as a result of russia's aggression should be created.

This is discussed in the resolution "Legal and human rights aspects of the russian federation's aggression against Ukraine," adopted by the Parliamentary Assembly of the Council of Europe, the correspondent of Ukrinform reports.

PACE approved the main aspects of the future mechanism of financial compensation to Ukraine for damages caused by russian aggression.

"It (compensation mechanism – ed.) will be created by a multilateral treaty or an agreement open to all like-minded states, with the support of the United Nations, the Council of Europe, the European Union and other international organizations," the resolution emphasized.

In the document, the Assembly repeated the call to all member states of the Council of Europe "to create an international compensation mechanism, including an international damage register, in cooperation with the Ukrainian authorities."

In this regard, the resolution pointed to the "advantage of the Council of Europe thanks to the experience gained by the European Court of Human Rights and the Committee of Ministers in the assessment and implementation of requirements for fair reparations for serious violations of human rights."

It was also noted that "the Organization should play a leading role in the creation and management of the future mechanism."

According to the document, the first step should be the creation of a register of damages, which "will record evidence and claims regarding damage, losses or injuries caused to all individuals and legal entities in Ukraine. As well as to the state of Ukraine, as a result of violations of international law caused by the aggression of the russian federation against Ukraine."

At a later stage, it should include an international compensation commission. It will be authorized to review and make decisions on claims submitted and documented in the registry. And there should also be a compensation fund from which compensations will be paid.

"The constituent treaty or agreement will regulate such issues as financing of the compensation fund and enforcement of compensation decisions.

And also how through such a mechanism, it will be possible to implement the decisions of other international bodies and courts on reparation and compensation in connection with russia's aggression. For example, the decision of the European Court of Human Rights," the resolution emphasized.

At the same time, the amendment proposed by the Ukrainian deputies was not adopted. It provided that "until russia voluntarily pays full compensation, the compensation fund should be financed primarily through the confiscation of russian sovereign and private assets."

In the PACE resolution, the PACE also proposed to the General Assembly of the United Nations "to support and approve the creation of a special international criminal tribunal for the crime of aggression against Ukraine and an international compensation mechanism for damage, losses, and injury suffered by the state of Ukraine, as well as by individuals and legal entities in Ukraine as a result of russia's aggression."

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