Reparations for victims of the war against Ukraine: reconciling the available legal avenue before the ECtHR with the emerging compensation mechanism

This article examines how consistency and effectiveness can be ensured within the fragmented international reparations framework through which victims of Russia’s aggression against Ukraine may seek redress. In particular, it focuses on the parallel operation of the European Court of Human Rights (ECtHR) and the Register of Damage for Ukraine (the Register), which constitutes the first component of an international compensation mechanism. Despite their different legal nature, both bodies are currently dealing with large numbers of closely related claims that may be submitted by the same individuals, although the Register currently accepts only claims concerning harm inflicted on or after 24 February 2022. The article argues that, as a matter of principle, individual claims arising from the full-scale invasion should be channelled to the compensation mechanism. Following the ECtHR’s judgment in Ukraine and the Netherlands v. Russia of July 2025, the Court could adopt an approach analogous to the pilot-judgment procedure with respect to remaining individual applications, striking them out and directing applicants to the Register. This would require the Court to consider the Register an effective remedy within the meaning of the Convention. Such an approach would reduce jurisdictional duplication, prevent double recovery, enhance legal certainty and procedural economy, and facilitate broader access to reparations for affected individuals.