The government approved, on Friday, by memorandum, the signing of the Convention establishing an International Commission on compensation claims for Ukraine.
According to a press release from the Executive, this commission, an independent structure within the Council of Europe, with international legal personality, will decide on claims for compensation for damages, losses or injuries caused by internationally wrongful acts committed by the Russian Federation in or against Ukraine.
"The temporal scope covers requests for internationally wrongful acts committed starting with February 24, 2022, with the possibility of extension for acts committed starting with February 20, 2014," the cited source specifies.
The Commission's headquarters will be in a state party to the Convention, and an office will operate in Ukraine.
The structure of the Commission will include: The Assembly - the supreme decision-making body, formed by representatives of all members, which adopts decisions with a 2/3 majority of the votes cast; The Council - ensures the executive management, appoints the Commissioners, establishes the Colleges of Commissioners and adopts regulations, having 9-15 members, with a rotation every three years; The Colleges of Commissioners - examine claims for compensation and propose recommendations to the Council, under conditions of independence, impartiality and multidisciplinary expertise; The Secretariat - headed by the Executive Director, which manages current operations; The Financial Committee - an advisory body for establishing the budget and contributions of members, the Executive says.
The procedure for resolving applications is also established. The Colleges of Commissioners make recommendations to the Council, the Council may approve, resubmit or refer the case to an ad hoc Review Committee, and the final decision is adopted by the Assembly, if necessary. Final decisions are binding and not subject to appeal.
"Until the Russian Federation accedes to the Convention, the Commission's activities will be financed from the annual contributions of the members and from voluntary contributions. After Russia's accession, it will take over the costs of the Commission's activities. Members (excluding the Russian Federation) are not obliged to finance compensation. After the establishment of the Commission, the Executive Director will coordinate the transfer of the activities of the Register of Damages for Ukraine to the Commission, ensuring the continuity of operations," the quoted source also indicates.
The Convention has a minimum duration of 10 years, with the possibility of extension for up to five years, and may be terminated if the number of Parties decreases or if funds become insufficient. It will enter into force if at least 25 signatories give their consent and if their cumulative contributions to the budget of the Registry of Damages for 2025 represent at least 50% of the total budget of the Registry for 2025.
The Convention shall be signed by the Minister of Foreign Affairs or another dignitary with full powers, in accordance with art. 17 of Law no. 590/2003 on Treaties.
"All provisions of Romania's mandate, established by Memorandum No. G2/162 of February 28, 2025, are integrated into the text of the Convention, including the independence and impartiality of decisions, the balanced distribution of contributions and reporting to the decisions of international courts," the Executive also mentions.
The UN adopted Resolution A/RES/ES-11/5 in November 2022, holding the Russian Federation accountable for violations of international law in or against Ukraine and providing reparation for the damage caused. In 2023, the Register of Damages for Ukraine was established, the first stage of an international reparations mechanism.
Romania voted in favor of the resolution and actively participated in the negotiations, including by adhering to the Partially Extended Agreement on the Register of Damages for Ukraine (Law no. 75/2024), the Government also stated.
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