In a significant move that underscores its commitment to international justice, Canada has become the first nation outside Europe to endorse a convention establishing a commission designed to adjudicate compensation claims against Russia for its ongoing war in Ukraine. The announcement, made by Prime Minister Mark Carney’s government on Monday, highlights Ottawa’s determination to hold Moscow accountable for its military actions, which have resulted in immense human suffering and widespread destruction.
A Step Towards Accountability
On Monday, Canada’s Foreign Affairs Minister Anita Anand formalised the country’s participation by signing the convention in Brussels. This agreement aims to create the International Claims Commission for Ukraine, a body that will evaluate claims and determine the compensation owed by Russia for damages incurred during its full-scale invasion, which commenced in February 2022. The commission will be accessible to Canadians, Ukrainians residing in Canada, and Canadian businesses that have experienced losses in Ukraine.
The convention was initially signed by 35 European nations and the European Union at a conference held in The Hague last December. It represents the second phase of a three-part compensation strategy developed under the auspices of the Council of Europe, a human-rights organisation comprising 46 member states. The first element, a Register of Damage for Ukraine, has already received over 150,000 claims, evidencing the extensive impact of the conflict. The third component—a compensation fund to disburse the awards determined by the commission—remains to be established, with frozen Russian assets likely to serve as the primary funding source.
Ratification and Operational Challenges
Despite this progress, Canada must complete the ratification process for the convention to become a full member of the commission. The commission itself cannot commence operations until at least 25 nations have ratified the convention and secured adequate funding. Thus far, only a few countries have progressed in this regard.
The Netherlands is set to serve as the commission’s headquarters, as indicated by the Dutch foreign minister’s statements made in December. The urgency of this commission is underscored by the staggering human cost of the war; reports from the UN Human Rights Monitoring Mission in Ukraine indicate that more than 15,000 civilians have lost their lives, with over 41,000 injured, alongside millions displaced and widespread damage to infrastructure and civilian property.
Financial Implications and Legislative Support
The World Bank, along with various organisations, estimates that the cost of rebuilding Ukraine over the next decade will reach approximately US$588 billion. Canada has previously demonstrated its financial commitment to Ukraine, with Prime Minister Carney pledging $270 million in military aid during a recent European summit in Armenia.
Historically, Canada has implemented legislation allowing the confiscation of assets owned by foreigners under sanctions, a power that has been utilised against several individuals and entities connected to Russia. The Royal Canadian Mounted Police (RCMP) has reported that over $185 million in assets have been frozen in Canada since the onset of the conflict in 2022. However, the proportion of these assets that belongs to the Russian state remains unclear.
Most of the frozen Russian assets outside of Russia are believed to be located in Europe, particularly within the holdings of the Belgian securities depository Euroclear, which reportedly manages more than €200 billion in sanctioned Russian assets, including a significant portion of the Central Bank of Russia’s reserves.
A Senate bill currently progressing through Parliament, Bill S-214, aims to bolster Canada’s ability to confiscate foreign state assets explicitly. This legislation would empower the Canadian government to bypass the immunity typically granted to foreign states, allowing for targeted actions against Kremlin assets. Fen Hampson, a professor of international affairs at Carleton University, noted that any funds confiscated from these frozen Russian assets in Canada could be redirected to the International Claims Commission for Ukraine, reflecting the interconnected nature of these initiatives.
Distinguishing Canadian Foreign Policy
Canada’s decision to sign the convention is particularly noteworthy as it seeks to carve out a distinct foreign policy approach separate from that of the United States. The Biden administration has yet to endorse the claims commission, focusing instead on direct diplomatic efforts aimed at resolving the conflict—an approach that some Ukrainian and European officials fear may inadvertently reward Russian aggression.
Why it Matters
This move by Canada signals a robust commitment to international accountability and justice, particularly in the face of Russia’s aggression. By participating in the establishment of the International Claims Commission for Ukraine, Canada not only asserts its role on the global stage but also aligns itself with the values of justice and reparations that resonate deeply within the international community. As the war continues to inflict devastating consequences on the Ukrainian populace, Canada’s actions may inspire other nations to join the cause, collectively pushing for accountability and support for those impacted by this ongoing crisis.
