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Article title Compensation for Damage Caused by the Aggression Against Ukraine: Victims-Centered Approach in Light of Human Rights Standards
Authors
Ganna Khrystova
Doctor of Science of Law, Docent, Member of the Scientifi c Advisory Board of the Constitutional Court of Ukraine (Kyiv, Ukraine) ORCHID ID: https://orcid.org/0009-0005-0883-2965 khrystova.hrl@gmail.com
Magazine name Legal journal «Law of Ukraine» (Ukrainian version)
Magazine number 7 / 2025
Pages 71 - 87
Annotation

Compensation for damage, loss or injury caused by the aggression of the Russian Federation against Ukraine constitutes an integral part of a duty to provide war reparations, which after the World War II was transferred from merely inter-state relationships into responsibility of the state to bear legal consequences of its internationally wrongful acts towards all effected persons and entities. The obligation to make war-related reparations under international law is rooted in: (1) a violation of the jus ad bellum, namely an unlawful use of force in international relations; (2) a breach of international humanitarian law – a violation of the ius in bello; and (3) severe violations of international human right law in armed conflicts. The right to remedy and reparations for victims of such violations is currently enshrined in key international instruments of universal and regional nature. The human rights-oriented perspective of general international law as well as the needs-based approach to human rights implementation has been profoundly explored and brightly described by Prof. Petro Rabinovych, which is of а significant value to the topic of this research. The years of full-scale aggression of the Russian Federation against Ukraine, alongside with other recent war conflicts around the world, drastically challenged the application of the abovementioned norms and principles of international law and the Post-World War II international legal order as such. Recalling the obligations of all states to maintain international peace based on freedom, equality, justice and respect for human rights, in its Resolution A/RES/ES-11/5 the UN General Assembly paved the way to establishing of an international mechanism for reparation for the aggression against Ukraine and the creation of an international register of damage as its first essential step. This article is aimed to identify key features of the Register of Damage for Ukraine as the first component of a future international compensation mechanism considering the characteristics of modern mass claims processing tools and to disclose substantial elements and principles of the victims-centred approach in Register’s work through human rights perspective. Being a unique ad hoc international instrument, the Register follows the key principles of warrelated mass claims processing tools, which typically refer to the tribunals, commissions and other mechanisms created to resolve disputes among large number of parties who suffered damages in the aftermath of armed conflicts or other international violent upheaval. They are impartial independent binding dispute resolution instruments established by international agreements. The Register has been created by enlarged partial agreement within the institutional framework of the Council of Europe, that ensures its international legitimacy and authoritative nature. The Register’s role is to assess and determine the eligibility of claims and to record eligible claims for the purposes of their future examination and adjudication by the Claims Commission which is yet to be established. Considering that victims of severe human rights violations may have very limited access to evidence, mass claims mechanisms apply lenient evidentiary standard (“relaxed standards of proof” for fact-finding based on a test of “plausibility”). In this connection, the Register applies a prima facie standard of review of the evidence and information when deciding on eligibility of claims. A defining feature of the Register of Damage for Ukraine as the first component of a future international compensation mechanism is an overarching victim-centred perspective. The victimcentred approach is rooted in principles of reparation under international human rights law (in particular, the principle of due recognition of victimhood; procedural principle of effective victim participation and the responsiveness of judicial and administrative processes to the needs of victims; due consideration of the victims’ situation in any given case and – more broadly – the principles of proportionality and non-discrimination). Considering the so-called Riga Principles, the victim-centred approach in the Register’s operations emphasises the importance of recognising and addressing the needs and rights of victims/survivors of Russia’s aggression against Ukraine and ensures their active engagement in the claims process. It is specified through several fundamental principles, such as inclusivity, participation, security and accessibility. A victim-centred approach along with the human rights perspective are the cornerstones of every element of the Register’s work on its pathway to restorative justice.

Keywords compensation for war-related damage; war reparations; international mass claims mechanisms; international human rights law; Register of Damage for Ukraine; victim-centred approach.
References

Bibliography

Authored dooks

1. Brilmayer L, Giorgetti C, Charlton L, International Claims Commissions: Righting Wrongs

after Conflict (Edward Elgar Publishing 2017).

2. Matheson M J, International Civil Tribunals and Armed Conflict (Martinus Nijhoff, 2012)

Edited books

3. Research Handbook on International Claims Commissions (C Giorgetti, P W Pearsall, H Ruiz-

Fabri (eds), Edward Elgar Publishing 2023).

4. Naukovi komentari do rezoliutsii Heneralnoi Asamblei OON z pytan protydii zbroinii ahresii

Rosiiskoi Federatsii proty Ukrainy (Pratsi Laboratorii prav liudyny imeni akademika Petra

Rabinovycha NDI derzhavnoho budivnytstva ta mistsevoho samovriaduvannia Natsionalnoi

akademii pravovykh nauk Ukrainy. P. Rabinovych (hol. red.) Seriia II. Komentari

zakonodavstva. Vypusk 13, 2024) (in Ukrainian).

Journal articles

5. Amezcua-Noriega O, ‘Reparation Principles under International Law and their Possible

Application by the International Criminal Court: Some Reflections’ Briefing Paper No. 1

(Reparations Unit, University of Essex, 2011) 6.

r26681.pdf> (accessed 01.06.2025).

6. Rosenberg D, ‘The Causal Connection in Mass Exposure Cases: A “Public Law” Vision of the

Tort System’ [1984] 97 Harvard Law Review 849–929.

7. Rabinovych P, ‘Liudianist: mizhnarodni standarty pravovoho zakhystu (do 65-richchia

zavershennia Niurnberzkoho protsesu)’ [2011] 10 Pravo Ukrainy 349–357 (in Ukrainian).

8. Rabinovych P, Derzhypilska A, ‘Rozvytok idei profesora H. Lauterpakhta shchodo

vidpovidalnosti za vchynennia zlochyniv proty liudianosti u suchasnomu mizhnarodnomu

kryminalnomu pravi (do 75-richchia peremohy nad natsystskym rezhymom u Druhii

svitovii viini)’ [2020] 8 Pravo Ukrainy 212–222 (in Ukrainian). 9. Rabinovych P, ‘Universalni standarty liudianosti yak kontseptualni zasady

antropotsentrychnoho pravorozuminnia’ [2021] 1 Pravo Ukrainy 76–87 (in Ukrainian).

10. Rabinovych P, Nakonechna A, ‘Potrebovyi pidkhid u doslidzhenni pravovykh yavyshch:

vitchyznianyi ta inozemnyi dosvidy’ [2022] 74 Visnyk Lvivskoho universytetu. Ser.

yurydychna 23–30 (in Ukrainian).

11. Rabinovych S, ‘Naukovyi komentar do Rezoliutsii Heneralnoi Asamblei OON ES-11/5

“Spryiannia pravovomu zakhystu ta zabezpechennia vidshkoduvannia shkody u zviazku z

ahresiieiu proty Ukrainy”, ukhvalenoi 14 lystopada 2022 r.’ [2024] 8 Pravo Ukrainy 24–30

(in Ukrainian).

Encyclopaedias

12. Holtzmann H M, ‘Mass Claims’ (Oxford Public International Law, Max Planck

Encyclopedias of International Law, 2008)

law:epil/9780199231690/law-9780199231690-e1891> (accessed 01.06.2025).

13. Sullo P, Wyatt J, ‘War Reparations’ (Max Planck Encyclopedias of International Law, 2015)

 

2?rskey=DkhBO9&result=1&prd=OPIL> (accessed 01.06.2025).

Websites

14. Moffet L, Reparations for War in Ukraine: A Harm-Based Approach (OpinioJutis, 12.07.24)

 

(accessed 01.06.2025).

15. Board Meets with the Register’s Civil Society Coordination Platform in Kyiv to Strengthen

Support for Victims, 20 March 2025, Kyiv

s-civil-society-coordination-platform-in-kyiv-to-strengthen-support-for-victims>

(accessed 01.06.2025).

16. Register’s Claims Data Unaffected by Recent Cyberattack in Ukraine (20.12.2024)

rd4u.coe.int/en/-/register-s-claims-data-unaffected-by-recent-cyberattack-in-ukraine >

(accessed 01.06.2025).

17. Together for Justice: Register of Damage for Ukraine Launches Coordination Platform to

Strengthen Civil Society Cooperation, 1 November 2024

justice-register-of-damage-for-ukraine-launches-coordination-platform-to-strengthencivil-

society-cooperation > (accessed 01.06.2025).

18. Victim-Centred Approach. The Register of Damage for Ukraine

victim-centred-approach> (accessed 01.06.2025).

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