The Devastating Reality of War in Ukraine and the Imperative of Reparations Commentary
The Devastating Reality of War in Ukraine and the Imperative of Reparations
Edited by: JURIST Staff

The establishment of the Register of Damage for Ukraine marked as significant milestone in filing a justice gap when it was launched on April 2; with significant international effort and the first step towards a mechanism that will ensure justice and compensation for Ukraine and its people. With the Register of Damages now marking over 10,000 claims submitted to the Register of Damage for Ukraine (RD4U) for damage or destruction of residential housing, we are reminded of the devastating impact of Russian aggression on innocent civilians. The United Nations Human Rights Council is reporting that from June to August (2024) there was a 45% rise in casualties on the previous three months with 589 civilian skilled and 2,685 injured in this period. The sheer scale of destruction is staggering, with entire neighborhoods reduced to rubble and families left without homes.

Since February 24, 2022, Russia’s full-scale aggression against Ukraine has caused immense death, suffering, and destruction. The war is characterized by documented atrocities, including torture, inhumane treatment, and sexual violence. This aggression has also severely damaged buildings and critical infrastructure in nearly every region of the country. The creation of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine represents a significant international effort to address the consequences of this aggression on Ukraine and its people. Now, with over 10,000 claims submitted to the Register of Damage for Ukraine (RD4U) concerning damage or destruction of residential housing, we are starkly reminded of the devastating impact on innocent civilians. The extent of destruction is overwhelming, with entire neighborhoods demolished and families left homeless. From the bombing of Chernihiv to missile strikes in the Dnipropetrovsk region and Kryvyi Rih, the Chaplyne railway station strike, the Vuhledar and Lyman cluster bomb attacks in Donetsk Oblast, the siege of Mariupol in early March 2022, attacks on humanitarian corridors, the Mariupol hospital and theatre airstrikes, railway station and restaurant strikes in Kramatorsk, the missile attack on a shopping center in Kostiantynivka and Kremenchuk, the bombardment of Izium, Kherson, and Kharkiv, to the use of white phosphorus in Gammalsvenskby—Russia’s attacks are pervasive throughout civilian areas in Ukraine, affecting towns like Chasiv Yar, Donetsk, Odesa, the Kursk region, Sumy, Rivne, and the Okhtyrka school – the attacks are ubiquitous, they are indiscriminate and they are unabashedly atrocity crimes.

The scale of the damage 

The data from RD4U paints a grim picture. Nearly 35% of claims come from Donetsk Oblast, with Mariupol being the hardest-hit city. Artillery shelling and aerial attacks are responsible for over half of all claims, while close to 2% result from the destruction of critical infrastructure like the Kakhovka Hydroelectric Power Plant. The fact that nearly 1% of claimants do not know the cause of destruction speaks to the chaos and uncertainty that pervades life in war-torn Ukraine.

Behind each claim lies a human story of loss and suffering. Sixty-five percent of claims are for damage or destruction of apartments, leaving families without shelter or basic necessities. The average amount claimed is approximately €54,000, a sum that barely scratches the surface of the true cost of rebuilding lives shattered by war. It is imperative that we recognize the importance of reparations in addressing the harm inflicted upon Ukrainian civilians. The RD4U serves as a critical mechanism for individuals, businesses, and the State of Ukraine to seek compensation under international law. However, it is only one step towards justice. As Ukraine and the international architecture moves forward, it is essential that the international network of organisations working to obtain justice and end impunity prioritises accessibility and inclusivity in the reparations process. The fact that 61% of claims are submitted by women and 39% by men highlights the disproportionate impact of war on women and girls. We must also acknowledge the unique challenges faced by vulnerable populations, including the elderly and those living in rural areas.

As the war in Ukraine continues to ravage the country, the staggering scale of destruction is becoming increasingly clear. The Register of Damage for Ukraine (RD4U) has just reached a grim milestone, with over 10,000 claims submitted by individuals for damage or destruction of residential property. These claims, which span across 620 cities, towns, and villages, including 1,150 from Mariupol alone, paint a devastating picture of the toll on civilians. A closer look at the statistics reveals that 65% of claims are for damage or destruction of apartments, while 35% of all claims come from the Donetsk Oblast. Moreover, the causes of damage are equally alarming, with active combat, artillery shelling, and aerial attacks being among the leading culprits. Furthermore, it is striking that claims have been submitted from 19 oblasts and the city of Kyiv, highlighting the widespread impact of the conflict. Additionally, a significant number of claims are attributed to the consequences of the destruction of the Kakhovka Hydroelectric Power Plant (HPP), underscoring the long-lasting effects of such catastrophic events. As we reflect on these numbers, it is imperative that we acknowledge the massive scale of destruction caused by this war and work towards securing support and justice for those affected.

The international community has a moral obligation to support Ukraine’s efforts to rebuild and recover. This includes providing financial assistance, technical expertise, and diplomatic backing to ensure that Russia is held accountable for its actions. Ultimately, reparations are not just about monetary compensation; they are about acknowledging the humanity and dignity of those affected by war.

The launch of new categories of claims, including death and disappearance of immediate family members, involuntary internal displacement, and destruction of Ukraine’s infrastructure, is a crucial step towards providing comprehensive support to those affected by the war. It is essential that Ukraine prioritise the needs of vulnerable populations, including women, children, and the elderly, who have been disproportionately impacted by the conflict. Other claims categories have also been launched on loss of historic, cultural and religious heritage, damage to the environment and natural resources, de-mining and clearance of unexploded ordnance, are being prepared.. Furthermore, it is crucial that we recognize the importance of psychological support and trauma counseling for those who have experienced the horrors of war. The emotional toll of living through conflict cannot be overstated, and it is our responsibility to provide adequate resources to support the mental health and well-being of those affected. Last month, the UN Human Rights Monitoring Mission in Ukraine (HRMMU) said in a report  that Russian armed forces’ attacks on energy facilities in Ukraine had devastating effects on the country’s infrastructure and possibly violated international humanitarian law asm JURIST’s Associate Editor and Ukraine correspondent Yevheniia Khoroshun has noted: “the daily lives of Ukrainians, who are forced to live under constant stress, are increasingly complicated by the war, and the exercise of their basic rights is under constant threat”.

The Register of Damage for Ukraine is an important step towards this goal, but it is only one part of a broader effort to address the humanitarian and economic consequences of Russia’s aggression. As we mark this somber milestone, The Register of Damages stands to reaffirm Ukraine’s  commitment to seeking justice in all its forms, and supporting the people of Ukraine in their time of need.

Putting Victims First: A Beacon of Hope in Ukraine’s Reconstruction

As the world watches Ukraine’s ongoing struggle against Russian aggression, a crucial aspect of the country’s recovery effort is often overlooked: the plight of its victims. The Register of Damage for Ukraine (RUD4) is changing this narrative by placing victims at the heart of their reparations approach. This bold move is not only a moral imperative but also a testament to the organization’s commitment to justice and human dignity. By embracing the Riga Principles, RUD4 is redefining the concept of reparations. Gone are the days of mere record-keeping; instead, the organization is prioritizing the needs, rights, and voices of those most affected by the war. This victim-centered approach recognizes that compensation claims are not just about numbers, but about people – their stories, their struggles, and their hopes for a better future. At its core, RUD4’s approach is built on four fundamental principles: inclusivity, participation, accessibility, and security. These values ensure that every aspect of the organization’s work, from claim submission to processing and recording, is designed with the victim in mind. Special attention is given to vulnerable categories, such as women and children, who often bear the brunt of conflict.

Moreover, RUD4 acknowledges that reparations cannot be limited to monetary compensation alone. The organization takes a holistic view, recognizing that compensation for businesses and the state can contribute significantly to Ukraine’s speedy reconstruction and recovery. By supporting the rebuilding of critical infrastructure, stable provision of basic services, and economic growth, RUD4 is helping to create a foundation for a brighter future. This victim-centered approach is not just a moral obligation; it is also a sound strategy for sustainable peace and development. By involving victims in the process and acknowledging their experiences, RUD4 is fostering trust and promoting social cohesion. As Ukraine looks to rebuild and heal, this approach will be instrumental in creating a more just and equitable society.

The Executive Director of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine, Markiyan Kliuchkovskyi said at International Conference on Restoration of Justice in September:

RD4U represents one of the biggest meetings of minds of States on the issue of accountability for the war of aggression against Ukraine.”

RD4U is the first organisation specifically created to address the consequences of the war in accordance with international law. International law is unequivocal – a state that violates international law is under a legal duty to make full reparation,” 

“Building an entirely new mechanism, with bespoke new systems takes time. And yet today, we have thousands of claims submitted to the Register, with almost 100,000 files with evidence. And we expect many, many more claims,”

“The Register is just the first step on the path to fair reparations for Ukraine, the path that is made more complicated by Russia’s disregard for international law. The Register of Damage makes no sense without a further step – a claims commission”.

“We are driven by the values of international law, justice, and accountability. We pursue this work in defence of the principles laid down in the UN Charter. And we will not rest until we can say: Justice has been done,”

The Register of Damage for Ukraine’s commitment to a victim-centered approach serves as a beacon of hope in these trying times. It reminds us that even in the midst of conflict and destruction, humanity and compassion can prevail. As we look to the future, let us take a cue from RUD4’s courageous example and prioritize the needs and rights of those who have suffered most. Only then can we truly build a more just and peaceful world. The devastating reality of war in Ukraine demands a comprehensive and compassionate response from the international community. We must prioritize the needs of those affected by the conflict, provide adequate resources to support their recovery, and hold those responsible for these atrocities accountable for their actions. Only through collective action can we hope to build a brighter future for the people of Ukraine and in doing so provide the infrastructure  capable of dealing with the aftermath of widespread destruction of conflict in the modern world, and apply it elsewhere, for all those affected by the myriad of ever-increasing conflict landscape that pervades our world.

Empowering Civil Society: The Game-Changing Potential of the RD4U Coordination Platform

As Ukraine continues to navigate the complexities of conflict and recovery, the launch of the Register of Damages for Ukraine’s (RD4U) Coordination Platform marks a significant turning point in the country’s efforts to support civil society and promote justice. This innovative platform has the potential to revolutionize the way civil society organizations (CSOs) work together to assist victims of war and advocate for their rights.

For too long, CSOs in Ukraine have faced significant challenges in coordinating their efforts, accessing information, and providing effective support to those affected by conflict. The RD4U Coordination Platform changes this dynamic by creating a unified space for CSOs to share knowledge, resources, and expertise. By facilitating collaboration and information-sharing, this platform will enable CSOs to better serve the needs of victims and amplify their voices.

One of the key benefits of the RD4U Coordination Platform is its ability to streamline the process of submitting claims for compensation. By providing CSOs with access to standardized procedures, training, and resources, the platform will help ensure that victims receive the support they need to navigate the often-complex process of seeking reparations. This, in turn, will help to build trust and confidence in the system, encouraging more victims to come forward and seek justice. Moreover, the RD4U Coordination Platform will play a critical role in promoting transparency and accountability. By tracking progress and monitoring outcomes, CSOs will be able to hold authorities accountable for their actions and ensure that victims receive the support they deserve. This level of transparency will also help to build trust between CSOs, authorities, and the international community, fostering a more collaborative and effective approach to addressing the needs of victims.

The RD4U Coordination Platform is not just a tool for CSOs; it is also a powerful symbol of hope and resilience. In the face of ongoing conflict and uncertainty, this platform represents a commitment to justice, accountability, and the rule of law. It demonstrates that even in the darkest of times, there are still individuals and organizations working tirelessly to promote human rights and dignity. As we move forward, it is essential that we continue to support and strengthen the RD4U Coordination Platform. This means providing resources, expertise, and funding to ensure that CSOs have the capacity to effectively utilize this tool. It also means promoting awareness and understanding of the platform’s potential, both within Ukraine and internationally.

In conclusion, the RD4U Coordination Platform has the potential to empower civil society, and seek justice in tangible ways for victims of atrocity crimes in Ukraine while any such trial of Russia’s leaders remains unfulfilled.

Claims can be submitted to the Register of Damages for Ukraine in electronic format via the RUD4 web portal with more information here.

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