Practical aspects of compensation for civilian victims in the context of the Russian invasion of Ukraine

Abstract

Historically, victims were considered the «great absentees» of international criminal law until the late 20th century. This article examines the transformative shift initiated by the Rome Statute of the International Criminal Court (ICC), which formally recognized the right of victims to reparations. However, the author contends that current judicial practices remain predominantly «perpetrator-centric,» often sidelining victims’ interests due to the procedural traditions of common law and the strategic priorities of international prosecutors.
In the context of Russia’s full-scale invasion of Ukraine, the scale of documented war crimes—including the bombing of civilian infrastructure, forced deportations, and acts of genocide—necessitates a robust compensation framework. The article provides a critical analysis of the ICC’s restorative justice model, arguing that while social dialogue is valuable, Ukrainian victims primarily demand traditional financial reparations as a prerequisite for lasting peace. A significant practical innovation highlighted is the introduction of «victim delegates»—specially trained professionals who facilitate legal access for victims directly in the field.
The study further evaluates two parallel compensation pathways: the Ukrainian national E-recovery system and the Council of Europe’s Register of Damage for Ukraine (Rd4U). While E-recovery offers immediate relief, it is funded by the Ukrainian state, raising questions of liability. Conversely, the Rd4U serves as a vital international mechanism for documenting claims that could eventually be satisfied through seized Russian assets. The author concludes by addressing the «Versailles syndrome,» arguing that international security depends on avoiding the «inverse syndrome» of ignoring victims; true peace can only be constructed if the perpetrators are held financially accountable for the damages they have caused.