Convention establishing an international claims commission for Ukraine

Approximate read time: 10 minutes

The House of Lords is scheduled to debate the ‘Convention establishing an international claims commission for Ukraine’ on 30 June 2026.

The convention and an accompanying explanatory memorandum (EM) were published by the government on 13 April 2026.^[1]

1. What is the convention establishing an international claims commission for Ukraine?

1.1 Background

The convention is a treaty, to which the UK is a signatory, that would establish an international claims commission for Ukraine. The commission would be an independent body within the framework of the Council of Europe (CoE).^[2] The CoE has said the purpose of the commission is to:

Review, assess and decide on claims for compensation of damage, loss or injury caused by internationally wrongful acts committed by the Russian Federation in or against Ukraine.^[3]

Following Russia’s full-scale invasion of Ukraine in February 2022, the United Nations general assembly passed a resolution in November 2022 calling for the establishment of a reparations regime for Russia to compensate for its illegal actions in Ukraine.^[4] In response to the UN resolution, the CoE established a ‘Register of damage’ for Ukraine in 2023.^[5] The register provides a record of the evidence associated with claims for damage, loss and injury arising from the war. The CoE has said Russia’s invasion has caused “widespread death and suffering” in Ukraine, resulting in:

[…] thousands of recorded instances of torture, inhumane treatment and sexual violence, vast destruction of residential buildings and critical infrastructure across the country, as well as immense economic losses.^[6]

The register has received approximately 150,000 claims to date, and the CoE has said there could be up to 10mn claims in total.^[7] The register of damage records claims for compensation, but it does not have powers to assess claims or to order repayments.^[8]

The convention establishing an international claims commission for Ukraine is intended to provide the powers to assess claims and determine compensation. The register of damage is expected to be integrated into the international claims commission once established.

The CoE has said the claims commission would only have a mandate to review, assess and determine the level of compensation in each case. It said the “third step of the international compensation mechanism—namely a compensation fund—still needs to be put in place”.^[9] It has been reported that frozen Russian assets may be the source of any compensation fund established.^[10]

The convention was launched at a diplomatic conference at The Hague on 16 December 2025.^[11] Speaking at the event, the Foreign, Commonwealth and Development Office (FCDO) minister, Stephen Doughty, said the UK was “proud to sign this treaty” as it represented an “unprecedented step towards accountability for Russia’s appalling crimes against Ukraine”.^[12]

The UK government’s explanatory memorandum on the convention provided further information on the government’s rationale for supporting it:

The UK is entering into this convention to help ensure justice, accountability and meaningful redress for the immense harm caused by Russia’s illegal invasion of Ukraine. Signing it demonstrates the UK’s continued leadership in supporting Ukraine, reinforcing the principle that aggression must carry consequences, and ensuring that victims’ losses can be assessed fairly and transparently. This aligns with core UK foreign policy: there can be no lasting peace without justice.^[13]

1.2 Content of the convention

The convention consists of 37 articles, arranged in eight parts.^[14] Article 2 establishes the international claims commission as a legal entity within the framework of the Council of Europe. Article 3 sets the scope of the commission’s mandate to decide claims of compensation for damage, injury or loss committed by Russia:

(a) on or after 24 February 2022;

(b)   i. in the territory of Ukraine within its internationally recognised borders, which includes its land, airspace, internal waters, and territorial sea;

[…]

(c) to all natural and legal persons concerned, as well as the State of Ukraine, including its regional and local authorities and state-owned or controlled entities.

The convention’s governance structure comprises an assembly, a council, a financial committee, panels of commissioners to assess claims, and a secretariat. The convention also includes participation rights for Russia (article 28). Russia may only join the convention subject to accepting responsibility for its unlawful acts in Ukraine and if it agrees to fund compensation and to reimburse members for costs already incurred.

Article 6 provides privileges and immunities for the commission and its officials. The UK government’s EM states:

Privileges and immunities are conferred only to the extent necessary to enable the commission, its staff and experts to perform their functions independently and securely. The convention includes a specific carve‑out allowing members to limit immunities in respect of motoring offences or damage caused by motor vehicles. These provisions ensure that immunities remain tightly circumscribed and do not displace the normal exercise of domestic jurisdiction beyond what is required for the commission to function effectively.^[15]

Article 21 states that members of the convention (except for Russia if it were to become a member) are not required to fund the compensation awarded by the commission.

In terms of the administrative costs of the commission, article 23 states that if Russia were to become a member it would bear the costs. Until then, the running costs would be financed through the annual contributions of members of the convention and through voluntary contributions.

The EM stated that “financial controls are an important feature of the convention”. It continued:

Until Russia becomes a member and assumes responsibility for costs, the commission is funded by assessed and voluntary contributions from members. As an expected major contributor in accordance with CoE contribution criteria, the UK will have a permanent seat on the financial committee, which oversees the preparation and review of the commission’s budget, authorises certain external contributions, and provides recommendations to the assembly on financial matters. Decisions under article 7(4)(g) and 7(4)(h)—which authorise the transfer of the work of the register [of damage] to the commission and the establishment of panels—require the affirmative votes of all major contributors.^[16]

The EM stated that the UK’s estimated financial contribution to the claims commission would be £1.28mn, to be financed through the FCDO’s non-overseas development aid (ODA) budget:

The UK contribution will be funded from the FCDO’s non-ODA allocation. During the current spending review period, the projected UK costs are £1.29mn for the register of damage and £1.28mn for the claims commission. Once the commission enters into force, the register of damage will be absorbed into it, meaning the UK will not fund both mechanisms concurrently. UK contributions will support the operational costs of the commission and will not be used to settle compensation claims.^[17]

The convention is an international treaty and as a signatory to it the UK must ratify the treaty in line with its domestic requirements on treaty ratification. In terms of legislation needed to implement the convention, the EM stated:

Implementation of this convention will require limited domestic measures. The UK will need to confer on the commission and its officials the privileges and immunities set out in article 6 of the convention, which must be given effect through secondary legislation under the International Organisations Act 1968. No primary legislation is expected. These measures would be brought into force ahead of ratification, once the convention has been laid under the Constitutional Reform and Governance Act 2010.^[18]

2. How does Parliament scrutinise treaties?

Treaties are international agreements between nation states which create rights and obligations in international law.

In the UK, treaty-making is a function of the government under the royal prerogative.^[19] There is no systematic scrutiny function for the UK Parliament during the negotiation and agreement of a treaty. However, Parliament does have a role in the process of ratification. Since 1924 there has been a convention (known as the Ponsonby rule) that, once signed, treaties are laid before Parliament for 21 days before they can be ratified. In 2010, this convention was placed on a statutory footing in part 2 of the Constitutional Reform and Governance Act 2010 (CRAG Act 2010). However, no debate or vote in either House of Parliament is required prior to a treaty being ratified. The House of Commons has the power to delay ratification for 21 days—repeatedly, if desired—but only if the government makes time for debates and votes. The House of Lords can vote against ratification, but the government can still proceed by making a statement setting out why it believes the treaty should be ratified.

The government laid the convention before Parliament on 13 April 2026.^[20] On 14 May 2026, the government announced it was extending the period for parliamentary scrutiny of the convention by 10 sitting days.^[21] The government said the House of Lords International Agreements Committee had requested the extension to allow further time for it to consider the convention. Despite the extension, the period for Parliament to consider the convention would have expired by the time of the House of Lords debate on 30 June 2026, meaning the debate will not be an opportunity to vote to delay ratification.

3. What has the House of Lords International Agreements Committee said about the convention?

The House of Lords International Agreements Committee has a remit to scrutinise all treaties that are laid before Parliament under the CRAG Act 2010. The committee published its report on the convention on 18 June 2026.^[22]

The committee said it supported the “underlying rationale for the convention” and recognised its “legal and political importance as part of the international response to Russia’s unlawful aggression against Ukraine”.^[23]

However, it also concluded there were “significant limitations to the scope and efficacy” of the claims commission.

First, the committee noted the commission’s temporal scope would be limited to damages or losses incurred on or after 24 February 2022, the date of Russia’s full-scale invasion of Ukraine. The committee said this “excludes losses arising from the earlier phases of Russia’s aggression from 2014”, when Russia annexed Crimea. The committee said it was “regrettable” that there would be no compensation mechanism for losses incurred between 2014 and 2022. The committee said the government should clarify whether it supports an extension to the temporal scope of the convention, and whether it would seek to amend the convention accordingly.^[24]

Second, the committee noted that the convention does not make provision for a fund out of which compensation awards would be paid. The committee found it “highly unlikely” that Russia would accept responsibility for its unlawful actions and become a signatory to the convention. With that in mind, the committee said there was “no consensus amongst states as to an alternative source of funding” for the commission or a compensation fund.^[25] The committee said the absence of a compensation fund raised a “significant question as to the value and efficacy” of the commission. The committee recommended the government:

Explain what practical steps it is taking to support the creation of a future compensation fund, to clarify its position on the use of frozen Russian assets, and to set out any other possible alternative sources of funding.^[26]

The committee said its concerns did not “negate the case for ratification” of the convention. In fact, the committee recommended swift ratification so the UK could maximise its influence within the commission’s governance structures.^[27] However, the committee hoped the report’s findings would raise “important issues which the House [of Lords] may wish to consider”.

At the time of writing, a government response to the committee’s report had not been published.

4. Read more

• Council of Europe, ‘Frequently asked questions: Convention establishing an international claims commission for Ukraine’, updated 20 May 2026
• House of Lords International Agreements Committee, ‘Convention establishing an international claims commission for Ukraine: Publications’, accessed 22 June 2026
• Parliamentary Assembly of the Council of Europe, ‘Draft convention establishing an international claims commission for Ukraine’, 30 September 2025
• House of Commons, ‘Written question: Russia: Sequestration of assets (7661)’, 15 June 2026
• Question on ‘Ukraine: Reparation’, HL Hansard, 23 March 2026, cols 1240–3

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