At its inaugural meeting in the Hague (11-15 December), the Board of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine (RD4U) elected its Chair and Vice-Chair, adopted its Rules of Procedure and discussed as a matter of urgency the categories of claims that will be eligible for submission to the Register. The Board elected Robert Spano, Partner at Gibson, Dunn & Crutcher and former President of the European Court of Human Rights, as its Chair, and Dr Chiara Giorgetti, Professor at Richmond Law School, as Vice Chair.
It also received a comprehensive briefing by RD4U’s Executive Director Markiyan Kliuchkovskyi on the work carried out in developing the various systems and functions of the Register and the preparation for the start date for submitting claims in spring 2024. The Board particularly welcomed the extensive preparatory work already undertaken by the Executive Director and RD4U’s secretariat. Deputy Minister of Justice of Ukraine Iryna Mudra presented a proposal for categories of claims, which was adopted by the Government of Ukraine on 1 December 2023. Deputy Minister Mudra expressed the wish of the Ukrainian Government that the Board adopt the categories of claims as soon as possible.
The Board made the following statement:
“The Register of Damage for Ukraine is a very important initiative to ensure justice and accountability for Ukraine and we are pleased to have commenced our work. We considered categories of claims that will be eligible for submission to the Register of Damage for Ukraine in line with the criteria laid out in the Register’s Statute and in accordance with international law. We are grateful to Deputy Minister Mudra for presenting the proposal of the Government of Ukraine at our meeting.
We will consider the proposal as we develop rules and regulations of the Register including claims categories in accordance with the Register’s Statute. We recognise the need to adopt the list of categories, as well as other rules and regulations governing the Register’s work and will endeavour to propose the necessary rules as soon as possible.
The categories are expected to include, in particular, claims related to:
- loss of life, torture and sexual violence, as well as personal injury;
- involuntary displacement and forced relocation of individuals;
- loss of property and revenue, and other forms of economic loss;
- damage to critical infrastructure and other governmental facilities;
- damage to historic and cultural heritage;
- environmental damage;
- and other categories as determined by the Board.
We intend to address, as a matter of urgency, the collection and recording of claims from individuals who have been most affected by the war, as well as claims related to critical infrastructure of Ukraine. Moreover, work is ongoing to address other categories of claims to be brought by Ukrainian authorities, businesses, and other legal entities. We will determine the start date for submitting claims, currently planned for the spring of 2024, in due course.”
About the Board of the Register of Damage for Ukraine
The Board is one of the principal bodies of the Register. It proposes the rules and regulations governing the work of the Register. It is ultimately responsible for deciding on the eligibility of claims to be recorded in the Register and which will then await consideration by a future compensation mechanism. The Board will hold its meetings as frequently as will be required, but at least on a quarterly basis. The next meeting of the Board is planned for late February-early March 2024.
The Board members are Robert Spano (Iceland, Chair), Chiara Giorgetti (Italy, Vice-Chair), Veijo Heiskanen (Finland), Yulia Kyrpa (Ukraine), Aleksandra Mężykowska (Poland), Lucy Reed (United States) and Norbert Wühler (Germany). The rules and regulations of the Register proposed by the Board are subject to approval by the Conference of Participants.
About the Register of Damage for Ukraine
The Register was established as a response to United Nations General Assembly Resolution ES-11/5 “Furtherance of remedy and reparation for aggression against Ukraine” (14 November 2022), whereby the General Assembly recognised that Russia must be held to account for its violations of international law in Ukraine, including by way of payment of reparation. The resolution recognised the need for an international reparations mechanism and recommended the setting up of an international register of damage as a first step. The Register is established under the auspices of the Council of Europe and shall serve as a record, in documentary form, of evidence and claims information on damage, loss or injury caused by Russia’s aggression against Ukraine. The Register shall receive and process claims for damage and related evidence; categorise, classify and organise such claims; assess and determine the eligibility of claims for inclusion in the Register and record the eligible claims for the purposes of their further examination by a future compensation mechanism.The Register has its seat in The Hague, the Netherlands, and will have a satellite office in Kyiv, Ukraine. To date, 43 countries and the European Union are participating in the Register.
