fice
the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts
the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses
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the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
the making
this Statutory Instrument was published in “Iris Oifigiúil”
1st May, 2026. WHEREAS it is enacted by section 42A (amended by section 6
the Diplomatic Relations (Miscellaneous Provisions) Act 2017 (No. 33
2017))
the Diplomatic Relations and Immunities Act 1967 (No. 8
1967) that the Government may by order make provision to enable – (
the United Nations, or the Convention on the Privileges and Immunities
the Specialised Agencies or any other international agreement scheduled to the Diplomatic Relations and Immunities Act 1967 provided for in relation to them by an international agreement or arrangement to which the State or the Government is or intends to become a party; AND WHEREAS the International Claims Commission for Ukraine is such an international organisation, community or body, and the Convention establishing an International Claims Commission for Ukraine, done at The Hague on 16 December 2025, is such an international agreement; NOW, the Government, in exercise
the powers conferred on them by the said section 42A, hereby order as follows:
the Convention establishing an International Claims Commission for Ukraine (the text
which is, for convenience
reference, set out in the Schedule) shall apply for the purposes
section 42A (amended by section 6
the Diplomatic Relations (Miscellaneous Provisions) Act 2017 (No. 33
2017))
the Diplomatic Relations and Immunities Act 1967 (No. 8
1967). SCHEDULE CONVENTION ESTABLISHING AN INTERNATIONAL CLAIMS COMMISSION FOR UKRAINE [The Hague, 16.XII.2025]. Preamble [List
States and the European Union], Recalling the obligations
all States under Article 2
the Charter
the United Nations, including the obligation to refrain in their international relations from the threat or use
force against the territorial integrity or political independence
any State, or in any other manner inconsistent with the purposes
the United Nations, and to settle their international disputes by peaceful means; Expressing grave concern at the loss
life, civilian displacement, catastrophic destruction
infrastructure and natural resources, loss
public and private property, and economic calamity caused by the Russian Federation’s aggression against Ukraine; Bearing in mind the importance
maintaining and strengthening international peace founded upon freedom, equality, justice, and respect for human rights, and
developing friendly relations among nations irrespective
their political, economic, and social systems or the levels
their development; Recalling United Nations General Assembly Resolution ES-11/1
2 March 2022, entitled “Aggression against Ukraine”, in which the General Assembly deplored in the strongest terms the aggression by the Russian Federation against Ukraine in violation
the Charter
the United Nations; Recalling the International Law Commission’s Articles on the Responsibility
States for Internationally Wrongful Acts and the obligation
the responsible State to make full reparation for the injury caused by the internationally wrongful act; Recalling United Nations General Assembly Resolution 60/147
16 December 2005, in which the General Assembly adopted the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims
Gross Violations
International Human Rights Law and Serious Violations
International Humanitarian Law; Recalling United Nations General Assembly Resolution ES-11/5
14 November 2022, entitled “Furtherance
remedy and reparation for aggression against Ukraine”, in which the General Assembly recognised that the Russian Federation must be held to account for any violations
international law in or against Ukraine, including its aggression in violation
the Charter
the United Nations, as well as any violations
international humanitarian law and international human rights law; Recalling that in Resolution ES-11/5, the General Assembly further recognised that the Russian Federation must bear the legal consequences
all
its internationally wrongful acts, including making reparation for the injury, including any damage, caused by such acts; Recalling that the General Assembly further recognised the need for the establishment, in cooperation with Ukraine,
an international mechanism for reparation for damage, loss, or injury, and arising from the internationally wrongful acts
the Russian Federation in or against Ukraine; Recalling that the General Assembly recommended the creation by member States, in cooperation with Ukraine,
an international register
damage to serve as a record, in documentary form,
evidence and claims information on damage, loss, or injury to all natural and legal persons concerned, as well as the State
Ukraine, caused by internationally wrongful acts
the Russian Federation in or against Ukraine, as well as to promote and coordinate evidence-gathering; Welcoming the creation
the Register
Damage Caused by the Aggression
the Russian Federation against Ukraine through Resolution CM/Res
the Committee
Ministers
the Council
Europe
12 May 2023 establishing the Enlarged Partial Agreement on the Register
Damage Caused by the Aggression
the Russian Federation against Ukraine as confirmed by Resolution CM/Res
the Committee
Ministers
the Council
Europe
9 July 2025; Noting also that the Register
Damage Caused by the Aggression
the Russian Federation against Ukraine is operational and receives, processes, and records claims in accordance with its Statute; Recalling the Statute
the Register
Damage Caused by the Aggression
the Russian Federation against Ukraine, which stipulates that the work
the Register, including its digital platform with all data about claims and evidence recorded therein, is intended to constitute the first component
a future international compensation mechanism to be established by a separate international instrument in cooperation with Ukraine; Noting that this Convention is such an international instrument and that it establishes the International Claims Commission for Ukraine, which constitutes the second component
the international compensation mechanism that may also include, as the third component, a future compensation fund mandated to pay compensation for damage, loss, or injury caused by the Russian Federation’s internationally wrongful acts in or against Ukraine; Noting that whilst this Convention addresses internationally wrongful acts committed by the Russian Federation in or against Ukraine on or after 24 February 2022, this does not absolve the Russian Federation
any responsibility for its internationally wrongful acts committed in or against Ukraine on or after 20 February 2014, nor does it preclude the possibility
a future amendment to this Convention to allow its temporal scope to be extended to 20 February 2014; Committing to implement the provisions
this Convention in conformity with international law, Have agreed this Council
Europe Open Convention as follows: PART I – USE
TERMS Article 1 – Definitions For the purposes
this Convention: (a) “Assembly” shall mean the Assembly
the Members
the Commission established in accordance with Article 7
this Convention; (b) “Claims” within the meaning
this Convention shall mean claims submitted to the Register
Damage Caused by the Aggression
the Russian Federation against Ukraine in accordance with its rules and, after the transfer
the work
the Register to the Commission under Part VII
this Convention, the claims submitted in accordance with the rules and procedures referred to in Article 25
this Convention; (
a Panel in accordance with Article 11
this Convention; (e) “Council” shall mean the Council
the Commission established in accordance with Article 10
this Convention; (f) “Executive Director” shall mean the Executive Director
the Commission appointed in accordance with Article 14
this Convention; (g) “Financial Committee” shall mean the Financial Committee
the Commission established in accordance with Article 8
this Convention; (h) “Major Contributor” shall mean any Member which, in any financial year, contributes the highest level
obligatory contributions to the budget
the Commission based on the criteria set out in Resolution
the Committee
Ministers
the Council
Europe
4 November 1994; (i) “Member” shall mean any State or Regional Integration Organisation that has become a Member
the Commission by becoming a Party to this Convention in accordance with Articles 28, 30, or 31
this Convention; (j) “Observer” shall mean any State, Regional Integration Organisation, or international organisation that has become an Observer
the Commission in accordance with Article 27
this Convention; (k) “Panel” shall mean a Panel
Commissioners established in accordance with Article 12
this Convention; (l) “Regional Integration Organisation” shall mean an organisation constituted by sovereign States
a given region, to which its member States have transferred competence in respect
matters governed by this Convention; (m) “Register
Damage Caused by the Aggression
the Russian Federation against Ukraine” or “Register” shall mean the Register
Damage Caused by the Aggression
the Russian Federation against Ukraine established through Resolution CM/Res
the Committee
Ministers
the Council
Europe
12 May 2023, as confirmed by Resolution CM/Res
the Committee
Ministers
the Council
Europe
9 July 2025; (n) “Rules and Regulations” shall mean the rules and regulations governing the work
the Commission adopted by the Council in accordance with subparagraph 2(c)
this Convention and approved by the Assembly in accordance with subparagraph 4(c)
this Convention; (o) “Secretariat” shall mean the Secretariat
the Commission established in accordance with Article 13
this Convention. PART II – ESTABLISHMENT, MANDATE, AND FUNCTIONS
THE INTERNATIONAL CLAIMS COMMISSION FOR UKRAINE Article 2 – Establishment
the International Claims Commission for Ukraine The International Claims Commission for Ukraine is hereby established as an independent body within the institutional framework
the Council
Europe. Article 3 – Mandate and Functions
the Commission 1. The Commission shall be an administrative body that decides Claims for compensation
damage, loss, or injury caused by internationally wrongful acts committed by the Russian Federation in or against Ukraine, including its aggression in violation
the Charter
the United Nations, as well as any violations by the Russian Federation
international humanitarian law and international human rights law: (
Ukraine within its internationally recognised borders, which includes its land, airspace, internal waters, and territorial sea; (ii) in the exclusive economic zone
Ukraine and on its continental shelf, in accordance with international law and, as applicable, national legislation
Ukraine; or (iii) to any aircraft or vessel under the jurisdiction
Ukraine; and (c) to all natural and legal persons concerned, as well as the State
Ukraine, including its regional and local authorities and state-owned or controlled entities. 2. For the purposes
this Convention, the mandate
the Commission under paragraph 1 above shall mean that the Commission shall review, assess, and decide Claims and determine any amount
compensation due in each case. 3. The Commission shall address all administrative, financial, procedural, factual, legal, and policy issues as required to decide Claims and determine any amount
compensation due in each case.
the Commission, including on amounts
compensation determined and awarded in accordance with this Convention, shall be final. Decisions on amounts
compensation shall be reflective
a fair and just assessment and determination
the value
a Claim. 6. Decisions
the Commission shall, so far as the operation
the Commission is concerned, be considered by all Members
the Commission as finally resolving all factual and legal questions with respect to a Claim. PART III – LEGAL STATUS AND SEAT Article 4 – Legal Personality
its functions, fulfilment
its mandate, and the protection
its interests, in particular the capacity to enter into agreements, to acquire and dispose
movable and immovable property, and to institute legal proceedings. Article 5 – Seat 1. The Commission shall have its seat in the territory
one
the Parties to this Convention. 2. The status and operation
the Commission in the host State shall be regulated by a host State agreement concluded between the host State and the Commission. 3. The Commission shall have an
fice in Ukraine for the purpose
assisting the Assembly, the Council, and the Panels in their functions. 4. The Commission shall enter into arrangements and/or agreements with Ukraine that shall regulate the status and operation
the
fice
the Commission in Ukraine. 5. The Assembly may decide to establish
fices
the Commission in any other State subject to the consent
such State. Article 6 – Privileges and Immunities 1. The Commission, including its
fice in Ukraine and any
fices in other States, shall enjoy in the territory
each State that is a Member such privileges and immunities as are necessary for the exercise
its functions and the fulfilment
its mandate. 2. States that are Members shall, in their territory, apply the rules set out in the General Agreement on Privileges and Immunities
the Council
Europe with respect to the Commission, its
fices, the Executive Director, other members
the Secretariat, and experts engaged by the Commission, in particular: (a) Articles 3 to 7
the General Agreement on Privileges and Immunities
the Council
Europe, with respect to the Commission, including its
fices, property, and assets; (b) Article 18
the General Agreement on Privileges and Immunities
the Council
Europe, with respect to the Executive Director and other members
the Secretariat; (
the General Agreement on Privileges and Immunities
the Council
Europe with respect to the experts engaged by the Commission. 3. States that are Members shall, in their territory, apply the same privileges and immunities as provided for under Article 16
the General Agreement on Privileges and Immunities
the Council
Europe with respect to the Commissioners when engaged on the business
the Commission. 4. Representatives
Members in the organs
the Commission, the Commissioners, the Executive Director, other members
the Secretariat, and experts engaged by the Commission shall, in the territory
each State that is a Member, be accorded immunity from legal process
every kind in respect
words spoken or written and acts performed by them in their
ficial capacity, and shall, after the expiry
their terms
fice, continue to be accorded such immunity. 5. Any State that is a Member may, by means
a notification addressed to the Secretary General
the Council
Europe, declare that no immunity from legal process conferred on a person by means
paragraphs 2, 3, and 4 above shall apply in the case
an
fence against the regulations on motor-vehicle traffic committed by such a person, or in a case
damage caused by a motor-vehicle belonging to or driven by such a person. 6. The privileges and immunities
: (
the Secretariat, and experts engaged by the Commission may be waived by the Secretary General
the Council
Europe. 7. The immunity under subparagraph 2(a) above may be waived by the Assembly. Such waiver
immunity shall not extend to any measure
execution in, or confiscation
, property
the Commission, including its digital platform and all data about Claims and evidence, for which a separate waiver by the Assembly shall be necessary. 8. In the event
denunciation by any Member or termination
this Convention, Members shall continue to grant the immunities referred to in this article. PART IV – ORGANISATIONAL STRUCTURE Article 7 – Assembly 1. The Assembly shall be composed
all Members
the Commission. 2. The Assembly shall meet at the seat
the Commission unless the Assembly decides otherwise. The first meeting
the Assembly shall be convened by the depositary
this Convention within one year after its entry into force. 3. The Assembly shall elect a Chair and two Vice Chairs for a period
three years. The Chair
the Assembly, or, in the absence
the Chair, one
the Vice Chairs, shall conduct the proceedings
the Assembly and perform other duties in accordance with the rules
procedure adopted by the Assembly. 4. The Assembly shall: (a) have overall responsibility for the fulfilment
the mandate
the Commission and oversee the work
the bodies
the Commission; (b) recommend to Members, the bodies
the Commission, as well as subsidiary organs as referred to in subparagraph (i) below, measures to advance the aims
the Commission; (c) approve rules and regulations governing the work
the Commission adopted by the Council in accordance with subparagraph 2(c)
this Convention; (d) elect members
the Council in accordance with Article 10
this Convention; (e) approve the roster
candidates to serve as Commissioners and update such a roster at least annually; (f) at its first meeting, and subsequently as needed, elect the Executive Director
the Commission for appointment by the Secretary General
the Council
Europe; (g) authorise the Executive Director to execute the transfer
the Register to the Commission pursuant to Articles 24 and 25
this Convention at a time the Assembly deems appropriate, taking into consideration the consequences for the annual assessed contributions
Members; (h) upon the recommendation
the Council, authorise the Council to establish Panels and appoint the required Commissioners at a time the Assembly deems appropriate, taking into consideration the consequences for the annual assessed contributions
Members; (i) upon the recommendation
the Council and/or the Executive Director, establish any subsidiary organs necessary for the exercise
the functions
the Commission; (j) adopt the annual scale
contributions; (k) adopt the annual budget
the Commission; (l) adopt the annual financial report
the Commission; (m) adopt the annual activity report
the Commission; and (n) perform any other function vested in it by this Convention and any other function necessary for the fulfilment
the mandate
the Commission that is not vested by this Convention in the Council, the Panels
Commissioners, the Executive Director, or the Secretariat. The Assembly may delegate some or all
these other functions to the Council. 5. The Assembly shall meet as
ten as is necessary, but at least once a year. The Assembly shall convene when it so decides, when requested by the Council, or when requested by any Member if such a request is supported by one-third
the Members. The Chair shall have the right to convene extraordinary meetings
the Assembly in the event
an urgent need. Subject to paragraph 6 below, the presence
a majority
all Members is required for any decision-making
the Assembly. 6. The Assembly may exercise its decision-making through written procedure and by electronic means as determined in the rules
procedure
the Assembly. 7. The Assembly may establish advisory committees to assist with its work in specific areas
relevance to the Assembly or the Commission as a whole. 8. The Assembly shall adopt its own rules
procedure and any other rules or arrangements required for the implementation
its functions. 9. The Secretariat shall serve as the secretariat
the Assembly. Article 8 – Financial Committee 1. The Assembly shall establish the Financial Committee as a subsidiary organ
the Assembly. The Financial Committee shall: (a) determine the annual assessed contributions
Members in accordance with Article 23
this Convention; (b) provide advice to the Secretariat in the preparation
the budget
the Commission; (c) review the draft budget
the Commission for the following year, as prepared by the Secretariat, and report to the Assembly; (d) review and authorise the acceptance
contributions from entities other than Members and Observers in accordance with Article 23
this Convention; (
representatives
: (a) all Members that are the Major Contributors to the budget
the Commission; (b) other Members and Observers that contribute to the budget
the Commission an amount at least equal to the obligatory contributions
the Major Contributors during the financial year for which they made such a contribution; (c) other Members elected by the Assembly. 3. The Assembly shall determine the number
Members and
Observers under subparagraphs 2(
Observers shall not be higher than the number
Members. 4. In the event that the Commission receives sufficient funds wholly from sources other than assessed contributions to meet its budgetary needs, the Financial Committee shall only be comprised
representatives
Members elected by the Assembly. 5. The Financial Committee shall endeavour to adopt its decisions by consensus. Unless otherwise provided in this Convention, where efforts to achieve consensus have been exhausted, the Financial Committee shall adopt decisions by a two-thirds majority
the votes cast, with each member
the Financial Committee having one vote. The presence
a majority
members
the Financial Committee is required for any decision-making
the Financial Committee. 6. Decisions on procedural matters shall be adopted by a majority
the votes cast. If there is a doubt or uncertainty as to whether the matter is procedural, the decision shall be adopted in accordance with paragraph 5 above. 7. The Financial Committee shall meet as necessary and report to the Assembly. The Financial Committee may invite Members, Observers, and other States and entities that have supported the Commission financially over the relevant reporting period to be present during the meetings
the Financial Committee.
the votes cast. 2. Decisions under subparagraphs 4(g) and 4(h)
this Convention shall be adopted by a two-thirds majority
the votes cast, including the affirmative votes
all Major Contributors. 3. Decisions on procedural matters shall be adopted by a majority
the votes cast. If there is a doubt or uncertainty as to whether the matter is procedural, the decision shall be adopted in accordance with paragraph 1 above. 4. Each Member shall have one vote in the Assembly. Article 10 – Council 1. The composition
the Council shall be determined as follows: (a) The Council shall be composed
a minimum
nine and a maximum
fifteen Members. Unless the Assembly decides otherwise, members
the Council shall serve for a period
three years on a rotational basis. The Assembly shall determine the composition
the Council from a list
Members that have expressed an interest in serving on the Council, in the order in which they became a Member. (
the Council at the meeting following the deposit
the thirtieth instrument
ratification, acceptance, or approval
this Convention or accession to this Convention, and three additional members following the deposit
the fortieth such instrument. (d) When Ukraine and/or the Russian Federation are members
the Council in accordance with the rules
subparagraph (
the Council, they shall be invited to participate in the meetings
the Council with the right to present their position, but without the right to vote. (e) The Assembly shall adopt the rules governing the rotation
membership in the Council in accordance with the provisions
this article, including ensuring continuity when the membership rotates. 2. The Council shall, without prejudice to Article 7
this Convention: (a) have responsibility for the exercise
the mandate
the Commission; (b) appoint the Commissioners from the roster
candidates approved by the Assembly in accordance with subparagraph 4(e)
this Convention and establish Panels in accordance with Article 12
this Convention; (c) adopt the rules and regulations governing the work
the Commission, to be subsequently approved by the Assembly, including as regards the determination
: i. rules and procedures for appointment
Commissioners to and their removal from Panels; ii. rules and procedures for the submission, review, assessment, and decision
Claims, and for the determination
the amount
compensation due in each case; iii. standards and requirements for evidence; iv. rules for evaluation
damage, loss, or injury; v. standards and approaches to compensation; vi. procedures for resolving disputed issues; vii. the order
priority for the review, assessment, and decision
Claims; viii. the rules and procedures required for continuation
the work
the Register within the framework
the Commission; and ix. other matters within the competence
the Council; (d) have the authority to adopt or remit the recommendations
Panels for decisions with respect to amounts
compensation due for Claims considered by Panels, as well as with respect to the legal and factual basis
the recommendations, subject to Articles 17 and 18
this Convention; and (e) perform any other function delegated to it by the Assembly. 3. The Council shall meet regularly in order to consider the recommendations
Panels for decisions with respect to considered Claims and to make any other decisions necessary to perform its functions. The Secretariat may participate in the meetings
the Council in an advisory capacity. 4. The Council shall endeavour to adopt its decisions by consensus. Unless otherwise provided in this Convention, where efforts to achieve consensus have been exhausted, the Council shall adopt decisions by a two-thirds majority
the votes cast, with each member
the Council having one vote. Subject to paragraph 5 below, the presence
a majority
members
the Council is required for any decision-making
the Council. 5. The Council may exercise its decision-making through written procedure and by electronic means as determined in its rules
procedure. 6. Decisions on procedural matters shall be adopted by a majority
the votes cast. If there is a doubt or uncertainty as to whether the matter is procedural, the decision shall be adopted in accordance with paragraph 4 above. 7. The Council shall adopt its own rules
procedure and any other arrangements required for the implementation
its functions. The Council shall elect a Chair and one or two Vice Chairs from among its members for terms
fice
one year with the possibility
re-election. 8. The Council shall provide reports to the Assembly twice a year. Such reports shall include the number
Claims considered by the Council and the total amount
compensation awarded in each category, as well as a summary
any other significant factual or legal matters relevant to the work
the Commission. Article 11 – Commissioners 1. The appointment
Commissioners shall take place on an inclusive basis, bearing in mind the need for independence, impartiality, integrity, high moral character, experience, professional multidisciplinary expertise, broad geographical representation, and gender balance. The Commissioners shall be experts in fields such as international law, dispute resolution, finance, accountancy, insurance, or damage assessment. The Council may establish additional requirements for the appointment
Commissioners to address specific needs
the Panels. 2. Candidates for Commissioners may be nominated by Members. Candidates can also apply directly to serve as Commissioners. The Secretariat shall organise the process
nomination and application, screen the candidates, and create the roster
eligible candidates to serve as Commissioners. 3. The Secretariat shall submit the roster
candidates to the Assembly for approval. The Secretariat shall submit an updated roster to the Assembly for its approval annually, or as requested by the Assembly or the Council. 4. Candidates cannot be disqualified solely on the basis
their nationality. 5. The terms
engagement
Commissioners, including their remuneration, shall be determined by the Council.
compensation due in each case. They shall make recommendations for decisions to the Council for adoption. 2. The Council, upon recommendation
the Secretariat, and bearing in mind considerations
efficiency, flexibility, and workload, shall determine the number
Panels to be established as well as the mandate
each Panel. 3. Each Panel shall be composed
three Commissioners appointed to that Panel by the Council. 4. The Commissioners
each Panel shall, by consensus, designate from among themselves the Chair
that Panel. Should they be unable to reach consensus, the Council shall designate the Chair. Article 13 – Secretariat
the Executive Director, provide substantive, technical, and administrative support for the maintenance and functioning
the Commission. 3. The Secretariat shall possess or procure the necessary expertise for the performance
its functions, including sufficient expertise in relevant domestic law and proficiency in relevant languages. 4. The Council
Europe Staff Regulations and Staff Rules shall apply to the Secretariat. Nationals
all member States
the Council
Europe and nationals
all Members shall be eligible for appointment as staff members
the Commission. The Assembly may further derogate from applicable Council
Europe rules and regulations, including regarding the nationality
staff, if doing so advances the exercise
the functions
the Commission. Such approved derogations shall be communicated to the Committee
Ministers and the Secretary General
the Council
Europe. Article 14 – Executive Director
the Commission. Any international agreements shall be concluded by the Executive Director on behalf
the Commission following prior approval by the Assembly. Any arrangements with national or international bodies providing for any exchange
information on Claims or evidence shall be concluded by the Executive Director on behalf
the Commission following prior approval by the Council. 3. The Secretary General
the Council
Europe shall delegate to the Executive Director such powers as are necessary for the exercise
the duties
the Executive Director with respect to the Secretariat. 4. The Executive Director shall: (a) have day-to-day responsibility for overseeing and administering the work
the Secretariat; (b) ensure substantive, technical, administrative, and organisational support for the work
the Assembly, the Council, and the Panels, including regular liaison and preparation
their meetings; (c) be responsible for forwarding Claims to the Panels for consideration and forwarding recommendations
the Panels to the Council; (d) liaise with relevant national and international bodies on various issues related to the work
the Commission, including on issues concerning Claims and evidence; and (e) perform any other function vested in the Executive Director by this Convention or delegated by the Assembly and/or the Council. 5. The Executive Director shall be elected by the Assembly. Upon election by the Assembly, the Executive Director shall be appointed by the Secretary General
the Council
Europe and shall be expected to serve a renewable term
four years. 6. Members are invited to nominate candidates for the position, bearing in mind the nature
Claims before the Commission. 7. Candidates should be individuals
integrity, high moral character, appropriate experience, and professional qualifications for the role. Article 15 – Independence 1. The Commissioners, as well as the Executive Director and the other members
the Secretariat, shall be independent in the performance
their duties. 2. In the performance
their duties, the Commissioners, as well as the Executive Director and the other members
the Secretariat, shall not seek or accept instructions from any government or from any other authority or entity external to the Commission. They shall refrain from any action which might reflect negatively on their position as international
ficials responsible only to the Commission. 3. Each Member, as well as the Council
Europe and its bodies, undertakes to respect the exclusively independent character
the responsibilities
the Commissioners, as well as
the Executive Director and the other members
the Secretariat, and not to seek to influence them in the discharge
their duties. 4. The Commissioners, as well as the Executive Director and the other members
the Secretariat, shall have no personal or financial interest in any matter before the Commission. Any conflict
interest shall be disclosed and dealt with in accordance with the rules
the Commission. 5. Rules on conflicts
interest and disclosure for the Commissioners, as well as, as appropriate, for the Executive Director and the other members
the Secretariat, shall be adopted by the Council. PART V – CLAIMS AND PROCEDURE Article 16 – Examination
Claims by Panels 1. The Panels shall examine Claims, establish whether the Claims are substantiated, determine any amount
compensation due with respect to each Claim, and make recommendations for decisions to the Council for adoption in accordance with the applicable Rules and Regulations.
Claims shall take place on the basis
the Rules and Regulations. Panels shall determine their own working methods. 4. The Secretariat shall provide administrative, technical, legal, and other assistance to the Panels in the performance
their functions but shall not be involved in the ultimate decision-making
the Panels. Article 17 – Decision-making
the Panels 1. The Panels shall endeavour to adopt their recommendations by consensus. Where efforts to achieve consensus have been exhausted, recommendations for decisions shall be adopted by a majority
the Commissioners on the Panel. The Secretariat shall record whether decisions
the Panels were taken by consensus or by a majority and the outcome
any voting. 2. The recommendations for decisions
the Panels shall be reasoned. Article 18 – Decision-making on Recommendations
Panels 1. The Council shall consider the recommendations
the Panels with respect to Claims as soon as possible after such recommendations are forwarded to the Council. In its assessment
the recommendations, the Council shall follow the grouping
Claims, if any, used by the Panels. 2. Upon full consideration by the Council, a recommendation shall be deemed approved by the Council unless the Council decides, on grounds stipulated by the Rules and Regulations, to remit the recommendation to the Panel, providing the reasons for its decision together with any further guidance, which shall form an integral part
the decision
the Council. 3. The Panel shall consider the guidance
the Council and make a new recommendation as appropriate. 4. In the exceptional situations provided for in the Rules and Regulations, the Council may refer a recommendation
a Panel to an ad hoc review panel established by the Council for that purpose. 5. The ad hoc review panel shall be comprised
three Chairs
Panels. Articles 16 and 17
this Convention shall apply to ad hoc review panels and their work. 6. Upon full consideration by the Council, the recommendation
the ad hoc review panel shall be deemed approved by the Council unless the Council refers the matter to the Assembly, which shall finally decide the matter in the Council’s stead. 7. A recommendation approved in accordance with this article shall become the final decision
the Commission with respect to any Claim in question, and shall not be subject to further appeal or review. 8. A record
decision-making
the Assembly, the Council, and any ad hoc review panel shall be maintained by the Secretariat. Article 19 – Judgments or Awards by Courts or Tribunals and other Adjudicative Bodies
information with the Commission, as appropriate. Article 20 – Standards and Safeguards 1. The Commission, including its Council, Panels, and Secretariat, shall operate according to the highest standards
independence, impartiality, fairness, and objectivity. 2. The Commission shall operate in a transparent manner, regularly inform the public about its activities, and duly protect personal data. The rules on transparency, including the rules for the publication
the decisions
the Commission, shall be adopted by the Council. 3. The Council shall adopt rules on the protection
personal data and confidentiality. 4. All proceedings
the Commission shall be conducted ensuring appropriate procedural safeguards. Article 21 – Funding
Compensation Awarded and Enforcement 1. Members recognise that the Russian Federation must bear the legal consequences
all
its internationally wrongful acts, including making reparation for the injury, including any damage, caused by such acts. It is therefore expected that the Russian Federation shall fund the compensation determined and awarded by the Commission under this Convention. 2. Members, with the exception
the Russian Federation, shall not be required to fund the compensation determined and awarded by the Commission. 3. Decisions
the Commission cannot be enforced through courts or other judicial or quasi-judicial institutions within the national jurisdictions
the Members unless expressly permitted by a relevant Member under the national law
that Member. Article 22 – Mechanics for Payment
Compensation Awarded The Assembly may consider the mechanics for the payment
compensation awarded after funding has become available, including payment from any compensation fund that may be established or designated for this purpose at a point the Assembly agrees appropriate. PART VI – FINANCING
THE COMMISSION Article 23 – Financing and Budget 1. Upon the Russian Federation becoming a Member, it shall bear the costs
the Commission from the entry into force
this Convention. 2. Until the Russian Federation bears the costs
the Commission, the Commission shall be financed through the annual assessed contributions
Members and voluntary contributions. Such contributions shall be made without prejudice to the possibility
recovery from the Russian Federation. 3. The annual assessed contributions
Members shall be determined by the Financial Committee, based on the criteria for the determination
the annual scale
contributions for the general budget
the Council
Europe and can be adjusted by the Assembly in accordance with the principles on which that scale is based. 4. The Commission may receive and utilise voluntary contributions connected to its work, including contributions in kind. These contributions shall be consistent with the mandate and functions
the Commission. Contributions from entities other than Members and Observers are subject to the prior authorisation
the Financial Committee. 5. The Commission shall have its own budget within the framework
the Council
Europe. The Assembly shall adopt every year the budget
the Commission for the following year, prepared by the Secretariat and reviewed by the Financial Committee. 6. Subject to the provisions
this Convention, the Financial Regulations
the Council
Europe shall apply. 7. The Assembly may suspend the rights
a Member where it considers that the Member has failed to fulfil its financial obligations under this Convention. PART VII – REGISTER
DAMAGE CAUSED BY THE AGGRESSION
THE RUSSIAN FEDERATION AGAINST UKRAINE Article 24 – Transfer
the Work
the Register 1. As soon as possible after the establishment
the Commission and the appointment
its Executive Director, the Executive Director shall engage with the Register and/or the Council
Europe to make preparations for the transfer
the work
the Register, as appropriate, to the Commission in a way that will ensure the uninterrupted operation
the Register until its termination, and that will place information on Claims and evidence held by the Register at the disposal
the Commission. Such transfer shall include the digital platform
the Register, including all information about Claims and evidence contained therein, other documentation, its archives, its movable and immovable property, including, but not limited to, bank accounts, information technology equipment, software and any licences thereto, contracts, and arrangements
the Register, as well as any associated data, in such a way that the Commission becomes the legal successor
the Register. 2. The Assembly, the Council, and the Members shall assist the Executive Director as necessary and appropriate in preparation for the transfer
the work
the Register to the Commission. 3. Following the decision
the Assembly under subparagraph 4(g)
this Convention, the Executive Director shall execute the transfer
the work
the Register to the Commission, and shall certify to the Assembly when such transfer is completed and the Commission can commence its work on the Claims. Article 25 – Continuation
the Work
the Register within the Framework
the Commission 1. The functions
the Register, including the organisation
the submission
Claims, shall continue as part
the Commission. 2. The Council, upon the proposal
the Executive Director, shall adopt relevant rules and procedures to that effect. PART VIII – FINAL CLAUSES Article 26 – Dispute Settlement In the event
a dispute between Members as to the interpretation or application
this Convention, these Members shall seek a settlement
the dispute through negotiation or any other peaceful means
their choice, including through the Assembly, which shall facilitate the friendly settlement
such disputes. Article 27 – Membership and Observer Status 1. Subject to Article 28
this Convention, any State, the European Union, and any other Regional Integration Organisation may become a Member
the Commission by becoming a Party to this Convention in accordance with the procedures set out in this Convention. 2. The Assembly may invite any State, Regional Integration Organisation, or international organisation to become an Observer
the Commission in accordance with the terms established by the Assembly. Any State, Regional Integration Organisation, or international organisation may request to be invited to become an Observer. 3. Without prejudice to Article 7
this Convention, Observers may participate in the meetings
the Assembly without the right to vote and make oral or written statements in the meetings
the Assembly. 4. Observers having made voluntary contributions to the budget
the Commission
an amount at least equal to the amount determined by the Assembly in accordance with subparagraph 4(j)
this Convention, shall have the right to participate in the adoption
the annual budget
the Commission, the annual financial report
the Commission, and the annual activity report
the Commission in accordance with subparagraphs 4(k) to (m)
this Convention with the right to vote in the Assembly during the financial year for which they made such a contribution. 5. Any Member acting in a manner inconsistent with the mandate
the Commission or impeding its functions may be suspended from its rights and requested by the Assembly to withdraw in accordance with Article 35
this Convention. If such Member does not comply with this request, the Assembly may decide that such Member has ceased to be a Member as from such date as the Assembly may determine. 6. Any Observer acting in a manner inconsistent with the mandate
the Commission or impeding its functions may have its observer status suspended or revoked by the Assembly, in accordance with procedures established by the Assembly. Article 28 – Membership
the Russian Federation and Participation in the Work
the Bodies
the Commission 1. The Russian Federation may become a Member
the Commission at any time by expression
its consent to be bound by this Convention in accordance with Article 31
this Convention, and on the condition
making a declaration to be attached to an instrument
accession to this Convention that: (a) it accepts its responsibility under international law for damage, loss, and injury caused by its internationally wrongful acts in or against Ukraine, including its aggression in violation
the Charter
the United Nations, as well as its violations
international humanitarian law and international human rights law: i. in the territory
Ukraine within its internationally recognised borders, which includes its land, airspace, internal waters, and territorial sea; ii. in the exclusive economic zone
Ukraine and on its continental shelf, in accordance with international law and, as applicable, national legislation
Ukraine; iii. to any aircraft or vessel under the jurisdiction
Ukraine; iv. to all natural and legal persons concerned, as well as the State
Ukraine, including its regional and local authorities and state-owned or controlled entities; (b) it agrees to honour the decisions
the Commission on compensation and to provide the necessary means for the payment
compensation awarded or some other amount agreed to by Ukraine; and (c) it agrees to reimburse Members and, where applicable, Observers for their contributions to the costs
the Commission. 2. The Assembly shall satisfy itself that the declaration by the Russian Federation attached to its instrument
accession meets the conditions in paragraph 1 above. 3. The Council shall, as soon as the Russian Federation expresses an interest in becoming a Member
the Commission, adopt further rules governing the participation
the Russian Federation in the work
the Commission. These rules shall be approved by the Assembly by consensus. 4. The Russian Federation may request to be invited to become an Observer
the Commission at any time in accordance with Article 27
this Convention. Article 29 – Depositary The Secretary General
the Council
Europe shall be the depositary
this Convention. Article 30 – Signature, Ratification, Acceptance, Approval, and Entry into Force 1. This Convention shall be open for signature by all member States
the Council
Europe, any other States and the European Union that participated in the Diplomatic Conference for the adoption
this Convention, and any other States that voted in favour
United Nations General Assembly Resolution ES-11/5
14 November 2022, entitled “Furtherance
remedy and reparation for aggression against Ukraine”. 2. This Convention is subject to ratification, acceptance, or approval. Instruments
ratification, acceptance, or approval shall be deposited with the Secretary General
the Council
Europe. 3. This Convention shall enter into force on the first day
the month following the expiration
a period
three months after the date on which both
the following conditions are met: (a) twenty-five signatories have expressed their consent to be bound by this Convention in accordance with the provisions
paragraph 2 above; and (b) the aggregate individual contributions
these signatories to the budget
the Register for 20251 constitute at least 50%
the total
the budget
the Register for
this Convention, in respect
any signatory referred to in paragraph 1 above that subsequently expresses its consent to be bound by it, this Convention shall enter into force on the first day
the month following the expiration
a period
three months after the date
the deposit
its instrument
ratification, acceptance, or approval. Article 31 – Accession 1. After the entry into force
this Convention, the Parties to this Convention, through the Assembly, may invite to accede to this Convention any State or Regional Integration Organisation that did not participate in the Diplomatic Conference for the adoption
this Convention and did not vote in favour
United Nations General Assembly resolution ES-11/5
14 November 2022, entitled “Furtherance
remedy and reparation for aggression against Ukraine”. 2. Notwithstanding paragraph 1 above, and in accordance with Article 28
this Convention, the Russian Federation may accede to this Convention at any time. 3. In respect
any acceding State or Regional Integration Organisation, this Convention shall enter into force on the first day
the month following the expiration
a period
three months after the date
deposit
the instrument
accession with the Secretary General
the Council
Europe. Article 32 – Territorial Application 1. Any State may, at the time
signature or when depositing its instrument
ratification, acceptance, approval, or accession, specify the territory or territories
that State to which this Convention shall apply. 2. Any State may, at any later date, by a declaration addressed to the Secretary General
the Council
Europe, extend the application
this Convention to any other territory
that State specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect
such territory, this Convention shall enter into force on the first day
the month following the expiration
a period
three months after the date
receipt
such declaration by the Secretary General
the Council
Europe. 3. Any declaration made under paragraphs 1 and 2 above may, in respect
any territory specified in any such declaration, be withdrawn by a notification addressed to the Secretary General
the Council
Europe. The withdrawal shall become effective on the first day
the month following the expiration
a period
three months after the date
receipt
such notification by the Secretary General
the Council
Europe. Article 33 – Amendments
this Convention may include a proposal to expand the temporal scope
this Convention to include Claims for compensation for damage, loss, or injury caused by the internationally wrongful acts committed by the Russian Federation in or against Ukraine on or after 20 February 2014. 3. Any proposal for amendment shall be communicated by the Secretary General
the Council
Europe to the Members. The Secretary General
the Council
Europe shall inform the Assembly thereof.
any amendment adopted by the Assembly shall be forwarded by the Secretary General
the Council
Europe to the Members for ratification, acceptance, or approval. 6. Any amendment adopted in accordance with this article shall enter into force on the thirtieth day following the date on which all Members have informed the Secretary General
the Council
Europe that they have ratified, accepted, or approved it. Article 34 – Reservations No reservation may be made in respect
the provisions
this Convention. Article 35 – Denunciation 1. At any time after the date on which this Convention has entered into force in accordance with Article 30
this Convention, any Member may denounce this Convention by means
a notification addressed to the Secretary General
the Council
Europe. 2. Such denunciation shall become effective on the first day
the month following the expiration
a period
twelve months after the date
receipt
the notification by the Secretary General
the Council
Europe. In case
a denunciation by the Russian Federation, the expiration period shall be ten years or until the termination
this Convention in accordance with Article 36
this Convention. 3. No denunciation under this article shall have any retroactive effect on the commitments and obligations under this Convention during the time
the membership
the denouncing Member. Article 36 – Duration and Termination 1. Without prejudice to paragraph 4 below, this Convention shall remain in force for a minimum period
ten years from its entry into force. 2. It shall remain in force thereafter for successive periods
up to five years if the Assembly, by a majority
at least three-quarters
all Members, by a decision taken within a year before the end
the then-current period, decides that it should remain in force. 3. At any time after the tenth anniversary
this Convention coming into force, the Assembly may, by a majority
at least three-quarters
all Members, terminate this Convention and dissolve the Commission. 4. This Convention shall be terminated by the Assembly if: (a) as a result
denunciations made in accordance with Article 35
this Convention, the number
Parties to this Convention falls below the threshold specified in subparagraph 3(a)
this Convention; or (b) there are insufficient funds to finance the anticipated expenses
the following twelve months
the operations
the Commission and the Commission is unable to secure alternative means
financing the Commission. 5. Termination under subparagraph 4(a) above shall be effective twelve months from the date
receipt by the Secretary General
the Council
Europe
the notification
denunciation which triggers this event, unless within three months
the date when the number
Parties to this Convention falls below the threshold specified in subparagraph 3(a)
this Convention, the Assembly by consensus decides that this Convention should remain in force and that the Commission should continue for a specified period. 6. Termination under subparagraph 4(b) above shall be effective as soon as possible after the date
the decision
the Assembly to terminate it. 7. In the event
the termination
this Convention and the dissolution
the Commission, the Assembly shall ensure the subsequent preservation
all information about the Claims and evidence received by the Commission, its decisions, and other documentation, including its archives. 8. Prior to the termination
this Convention and the dissolution
the Commission pursuant to this article, the Assembly shall adopt any necessary transitional arrangements. Article 37 – Notifications The Secretary General
the Council
Europe shall notify the member States
the Council
Europe, other States and the European Union that participated in the Diplomatic Conference for the adoption
this Convention, any signatory, any Party, and any other State or Regional Integration Organisation that has been invited to accede to this Convention,
: (
any instrument
ratification, acceptance, approval, or accession; (c) the date
entry into force
this Convention in accordance with Article 30
this Convention; (d) any amendment adopted in accordance with Article 33
this Convention and the date on which such amendment enters into force; (e) any declaration made in accordance with Article 6
this Convention; (f) any denunciation made in accordance with Article 35
this Convention; (g) any other act, declaration, notification, or communication relating to this Convention. In witness whereof the undersigned, being duly authorised thereto, have signed this Convention. Done at [The Hague], this [16th] day
[December 2025], in English, French and Spanish, all texts being equally authentic, in a single copy which shall be deposited in the archives
the Council
Europe. The Secretary General
the Council
Europe shall transmit certified copies to each member State
the Council
Europe, any other States and the European Union that participated in the Diplomatic Conference for the adoption
this Convention, and to any State or Regional Integration Organisation invited to accede to this Convention. GIVEN under the
ficial Seal
the Government, 28 April, 2026. MICHEÁL MARTIN, Taoiseach. EXPLANATORY NOTE (This note is not part
the Instrument and does not purport to be a legal interpretation.) This Order provides that privileges and immunities are afforded to the International Claims Commission for Ukraine in accordance with the Convention establishing an International Claims Commission for Ukraine, done at The Hague on 16 December 2025, pursuant to the Diplomatic Relations and Immunities Act 1967 (as amended). 1 In accordance with the adjusted budget 2025 (document RD4U-COP
Participants
the Register on 11 October 2024 (document RD4U-COP
the total budget
the Register for 2025 equals €3 692 150. For signatories that have not made a contribution to the budget
the Register for 2025, the amount that would have been their assessed contribution to the budget
the Register had they been a Participant
the Register shall be used for the purposes
calculation
aggregate individual contributions under this subparagraph (b). Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government
Ireland. Oireachtas Copyright Material is reproduced with the permission
the Houses
the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.