In a significant move, Canada has made history as the first nation outside Europe to sign a convention aimed at establishing a commission responsible for adjudicating compensation claims against Russia for its ongoing war in Ukraine. This initiative underscores Ottawa’s commitment to holding Moscow accountable for its military actions, as articulated by Prime Minister Mark Carney’s government.
Convention Signed in Brussels
On Monday, Foreign Affairs Minister Anita Anand formalised Canada’s participation in the convention in Brussels. The agreement is designed to create the International Claims Commission for Ukraine, a body that will evaluate claims and determine compensation owed by Russia for the extensive damage, loss, and injuries resulting from the Kremlin’s full-scale invasion, which commenced in February 2022.
Eligible claimants include Canadians, Ukrainian nationals residing in Canada, and Canadian businesses that have incurred losses due to the conflict. This move aligns with Canada’s broader strategy to support Ukraine in the face of Russian aggression.
Progress on Compensation Framework
The convention builds upon a framework established last December during a conference in The Hague, where it was signed by 35 European nations alongside the European Union. This agreement represents the second phase of a three-part compensation plan developed under the auspices of the Council of Europe, a 46-member human rights organisation. The initial phase, known as the Register of Damage for Ukraine, has already amassed over 150,000 claims.
The final component, which involves creating a compensation fund to distribute awards issued by the commission, is still in development. The expectation is that frozen Russian assets will serve as the primary source for funding this initiative.
It is important to note that before Canada can fully participate as a member, it must ratify the convention. Moreover, the commission will not commence its work until at least 25 countries have ratified the agreement and sufficient funding is secured. To date, only a handful of countries have moved forward with ratification.
The Broader Context of the Conflict
The ongoing conflict in Ukraine has had devastating consequences, with estimates indicating that over 15,000 civilians have lost their lives and more than 41,000 have sustained injuries. The war has displaced millions and resulted in widespread destruction of civilian infrastructure. A recent report from the United Nations Human Rights Monitoring Mission in Ukraine underlines the scale of the crisis.
Financially, the World Bank and other organisations project that the cost of rebuilding Ukraine could reach a staggering US$588 billion over the next decade. This dire economic outlook further emphasises the need for mechanisms to compensate those affected by the war.
Legislative Moves in Canada
In a parallel effort, the Canadian government is also advancing legislation that could bolster its capacity to confiscate foreign state assets linked to the conflict. A Senate bill, currently under consideration, aims to empower Ottawa with explicit authority to bypass the immunity typically granted to foreign states under Canadian law. This would enable the government to target Russian assets, thereby reinforcing its commitment to international justice.
According to Fen Hampson, a professor of international affairs at Carleton University, any funds recovered from frozen Russian assets in Canada are likely to be directed towards the International Claims Commission for Ukraine. “All the pieces of the jigsaw are falling into place,” he noted, highlighting the interconnected nature of these initiatives.
Canada’s endorsement of the compensation convention comes as the Carney administration seeks to carve out a distinct foreign policy approach, setting itself apart from the United States, which has yet to formally support the claims commission for Ukraine. The previous U.S. administration under Donald Trump opted for direct diplomatic channels, aiming to resolve the conflict on terms that many Ukrainian and European officials believe could inadvertently legitimise Russian aggression.
Why it Matters
Canada’s decision to engage with this compensation framework not only represents a pivotal shift in its foreign policy but also signals a strong commitment to international accountability in the face of aggression. By standing alongside Ukraine and taking proactive measures to address the ramifications of the conflict, Canada is positioning itself as a leader on the global stage, advocating for justice and support for those affected by the war. This initiative could set a precedent for other nations, fostering a collective response to the ongoing humanitarian crisis in Ukraine.
