War against Ukraine: Council of Europe adopts damage register

Status: 05/17/2023 2:26 p.m

A large number of the states represented in the Council of Europe have spoken out in favor of setting up a register of Russian war damage in Ukraine. Also as a possible basis for compensation payments.

Council of Europe members voted by a large majority to introduce a damage register to record damage and casualties caused by Russia in Ukraine. The register could be an important basis for subsequent claims for compensation payments.

Of the 46 countries represented in the Council of Europe, 40 agreed to participate in the register now or in the future. Switzerland, for example, referred to the legal framework in its own country that made immediate entry impossible. Armenia, Azerbaijan, Bosnia-Herzegovina, Serbia, Hungary and Turkey do not want to be included in the damage register for the time being.

The register is intended to collect information and evidence on damage and casualties caused by Russia’s war of aggression in Ukraine – the register is intended to pave the way for future compensation from Russia.

According to the KNA news agency, the institution responsible for the damage register is initially limited to three years and is likely to have its headquarters in The Hague, Netherlands, where the International Criminal Court is also located. In addition, there should also be a seat in Ukraine. Victims should be able to report war damage they have suffered themselves.

“Milestone on the way to justice”

Ukrainian Prime Minister Denys Shmyhal spoke of a “milestone on the way to justice and reparations” and called on other states to join the initiative. The register could only be a first step towards creating a comprehensive compensation mechanism with which Russia would be required to pay reparations.

Chancellor Olaf Scholz also welcomed the Council of Europe’s decision as “an important contribution to international efforts to hold Russia accountable for the consequences of its brutal actions.”

A register for recording war damage in Ukraine is to be set up at the summit.
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Debate on Russian assets abroad

However, it is still completely open how possible compensation payments from the Russian side could be determined and initiated in the future. Prime Minister Schmyhal again called for Russian assets abroad to be used for possible reparation payments.

A complicated path for Scholz, mainly due to legal hurdles. “We don’t have many avenues of action that are open in terms of legal options for making frozen assets usable here,” he said at the summit in Iceland’s capital, Reykjavik. It may be possible to use the proceeds from frozen Russian assets, but these are smaller amounts.

In the Chancellor’s view, however, it is important to strengthen Ukraine’s defense capabilities first. Nevertheless, he rejected German participation in a fighter jet coalition sought by France and Great Britain.

At the reconstruction conference for Ukraine, Scholz urged that construction begin immediately.
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Germany wants to increase payments to the Council of Europe

With a view to the Council of Europe, Scholz announced greater financial support for the association of states. In addition to its own mandatory contribution, Germany will provide ten million euros for the Council of Europe. According to government information, the budget of the Council of Europe for this year is 479 million euros, of which Germany will pay around 44 million euros.

Germany will strengthen the Council of Europe “so that it can effectively meet current and future challenges,” said Scholz. He mentioned environmental protection and the correct use of artificial intelligence as further topics that would continue to concern the Council of Europe in the future.

The Council of Europe was founded in 1949 as the guardian of democracy, human rights and the rule of law in Europe and is independent of the EU. Russia was excluded after the Russian invasion of Ukraine, and Belarus is only represented at the summit as an observer. It is only the fourth summit meeting of the Council of Europe in its more than 70-year history.

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