Launching an International Claims Commission for Ukraine

May 20, 2022 | Chiara Giorgetti, Markiyan Kliuchkovsky, and Patrick Pearsall
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Russia’s invasion of Ukraine has caused massive displacement of people, enormous economic and personal harm, and widespread damage to public and private property. Foreign States and individuals also have suffered damage and loss. The Government of Ukraine recently expressed its intention to cooperate with interested Parties to establish an international commission (“the Commission”) to adjudicate claims for compensation arising out of Russia’s actions. Similar to most other claims commissions, the Commission would derive its authority from an international agreement concluded between Ukraine and interested States.

International claims commissions are flexible instruments typically established to resolve mass claims arising from international crises. They can provide a forum for resolving a broad array of possible claims under international economic and humanitarian law by a diverse group of injured parties, including States, international organizations, and legal and natural persons. More than 400 international claims commissions have been created in modern times, starting with those established in the 1794 Jay Treaty between the United States and Great Britain. Recent (relatively) successful examples include the Iran-United States Claims Tribunal (IUSCT), the United Nations Compensation Commission (UNCC), and the Eritrea-Ethiopia Claims Commission (EECC).

International claims commissions are bespoke instruments and can take various forms. Establishing an international claims commission presents States with an array of choices and constraints—legal, financial, diplomatic, and practical. This essay addresses the feasibility and desirability of creating an international claims commission for Ukraine.