Consequences of the Russian Federation's aggression against Ukraine
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate on 15 March 2022
(3rd and 4th sittings) (see Doc. 15477, report of the Committee on Political Affairs and Democracy,
rapporteur: Ms Ingjerd Schou). Text adopted
by the Assembly on 15 March 2022 (4th sitting).
1. In continuation of the war of aggression
waged by the Russian Federation against Ukraine since 20 February
2014, as of 24 February 2022, the Russian Federation has escalated
its military activities against Ukraine to unprecedented levels,
causing thousands of civilian casualties, displacing millions of
people and devastating the country. In launching this further military
aggression, the Russian Federation has chosen recourse to force
over dialogue and diplomacy to achieve its foreign policy objectives,
in violation of the legal and moral norms that govern the peaceful
coexistence of States. This conduct shows disregard for the very essence
of the Council of Europe, as enshrined in its Statute (ETS No. 1),
which is the conviction that the pursuit of peace based upon justice
and international co-operation is vital for the preservation of
human society and civilisation.
2. The Parliamentary Assembly condemns, in the strongest terms,
the Russian Federation’s aggression against Ukraine and stands in
solidarity with Ukraine and the Ukrainian people, reaffirming its
unwavering support for the sovereignty, independence and territorial
integrity of Ukraine within its internationally recognised borders.
The Assembly stands in solidarity with its Ukrainian members in
these dark hours.
3. The Assembly considers that the Russian Federation’s armed
attack on Ukraine is in breach of the Charter of the United Nations,
qualifies as a “crime against peace” under the Charter of the International
Military Tribunal (Nuremberg Charter) and constitutes an “aggression”
under the terms of Resolution 3314 (XXIX) of the United Nations
General Assembly adopted in 1974. It is a violation of the Helsinki
Final Act and the Charter of Paris for a New Europe.
4. It is also a serious breach of Article 3 of the Statute of
the Council of Europe and a violation of the obligations and commitments
that the Russian Federation accepted upon becoming a member of the Organisation,
including the commitments to settle international and internal disputes
by peaceful means, rejecting resolutely any threats of force against
its neighbours, and to denounce the concept of treating neighbouring
States as a zone of special influence called the “near abroad”.
5. The Assembly deplores that, despite the many appeals to cease
the hostilities and to comply with international law, the Russian
leadership has persisted in its aggression, escalating the violence
in Ukraine and making threats should other States interfere. Through
its attitude and actions, the leadership of the Russian Federation
poses a blatant menace to security in Europe, following a path which
also includes the act of military aggression against the Republic
of Moldova and in particular the occupation of its Transnistrian
region, the act of military aggression against Georgia and the subsequent
occupation of two of its regions in 2008, the illegal annexation
of Crimea and the Russian Federation’s role in eastern Ukraine,
which culminated in the illegal recognition of the self-proclaimed
republics of Donetsk and Luhansk as “independent States”.
6. The Assembly is deeply disturbed by evidence of serious violations
of human rights and international humanitarian law by the Russian
Federation, including attacks against civilian targets; indiscriminate
use of artillery, missiles and bombs, including cluster bombs; attacks
on humanitarian corridors intended to allow civilians to escape
from besieged towns and cities; and hostage-taking. It notes with
shock the reckless attacks by Russian armed forces on nuclear facilities
in Ukraine.
7. The Assembly supports all efforts aimed at ensuring that those
responsible are held accountable for their actions, including the
decision by the Prosecutor of the International Criminal Court to
investigate the situation in Ukraine and the establishment of a
special investigation commission by the United Nations Human Rights Council,
and will evaluate the proposals to establish a special international
criminal tribunal for war crimes committed during the war in Ukraine
started by the Russian military aggression. It also welcomes other
efforts to document possible crimes under international law committed
in Ukraine, including through the publication of commercial satellite
imagery, the analysis of this imagery and other forms of open-source
intelligence by private actors. Similarly, it takes note of the
application filed by Ukraine before the International Court of Justice instituting
proceedings against the Russian Federation concerning a dispute
relating to the interpretation, application and fulfilment of the
United Nations Convention on the Prevention and Punishment of the
Crime of Genocide.
8. The Assembly regrets that the Russian Federation has failed
to implement numerous decisions of the European Court of Human Rights,
including its interim measures, asking the Russian Federation to
refrain from military attacks against civilians and civilian objects,
including residential premises, emergency vehicles and other specially
protected civilian objects such as schools and hospitals, and to
immediately ensure the safety of the medical establishments, personnel
and emergency vehicles within the territory under attack or siege
by Russian troops.
9. The Assembly is deeply concerned about the situation of Ukrainians
who have been forced to flee their country in fear of their lives,
in the biggest refugee exodus seen in Europe since the Second World
War. The Assembly applauds the generosity and solidarity shown by
neighbouring countries that continue to take in hundreds of thousands
of refugees, most of them women and children: Poland has so far
welcomed 1 700 000 refugees, Hungary 250 000, the Republic of Moldova
330 000, Romania 415 000 and the Slovak Republic 200 000. In this
context, the Assembly welcomes the decision by the European Union
to implement Council Directive 2001/55/EC of 20 July 2001 on minimum
standards for giving temporary protection in the event of a mass
influx of displaced persons and on measures promoting a balance
of efforts between Member States in receiving such persons and bearing
the consequences thereof (the “temporary protection directive”)
while calling for further support in response to this unprecedented
humanitarian crisis, including through resettlement programmes.
10. The Assembly notes that the unfolding Russian aggression in
Ukraine has been very widely condemned by the international community,
in particular by States and international organisations. A strong
critical stance has also been taken by other actors, ranging from
international sports administration bodies to private companies
and prominent cultural and sports personalities.
11. In the Russian Federation, however, anti-war protests are
stifled. The Assembly condemns the measures taken by the Russian
authorities to further curtail freedom of expression and freedom
of assembly through the closure of almost all remaining independent
news organisations, the intensifying crackdown on civil society,
the harsh repression of peaceful protests and severe restrictions
on access to social media. It deplores the fact that, as a result,
the Russian population is deprived of information from independent
sources and is exposed only to State-controlled media that amplify
a distorted narrative of the war.
12. These tragic events confirm the relevance of and continuing
need for the Council of Europe as a value-based intergovernmental
organisation working to promote democracy, human rights and the
rule of law. Through its numerous bodies and institutions, and in
accordance with its remit and mission, the Council of Europe should
be on the front line in providing assistance and expertise to support
Ukraine and Ukrainians.
13. In light of the above, the Assembly calls on the Russian Federation
to:
13.1 cease hostilities against
Ukraine and immediately, completely and unconditionally withdraw
its military forces from the territory of Ukraine within its internationally
recognised borders;
13.2 comply strictly with its obligations under human rights
and international humanitarian law;
13.3 refrain, in all circumstances, from attacks against civilians
and ensure the opening of and respect for humanitarian corridors
to allow the evacuation of civilians to safe regions within Ukraine
or safe countries outside Ukraine;
13.4 comply with the interim measures indicated by the European
Court of Human Rights;
13.5 not hinder the prompt delivery of humanitarian assistance
to the Ukrainian population or the effective access of humanitarian
agencies to Ukraine and within Ukraine;
13.6 co-operate with the investigations and proceedings that
have been set up by the International Criminal Court, the International
Court of Justice and the special commission to be constituted by
the Human Rights Council;
13.7 ensure the safety and security of Ukraine’s nuclear facilities,
including by refraining from making them the target of any military
activity, and co-operate fully with the International Atomic Energy
Agency;
13.8 immediately release and reinstate all mayors and local
representatives who have been kidnapped, and release activists;
13.9 ensure full respect for freedom of expression and association,
media freedoms and access to the internet, in accordance with international
legal obligations.
14. The Assembly calls on Council of Europe member States to:
14.1 further increase their assistance
to Ukraine and ensure the safe and effective operation of the humanitarian
corridors;
14.2 consider increasing their assistance to Ukraine in its
efforts to strengthen the protection of its territory, including
its airspace, in order to reduce the severe human cost and the tragic
humanitarian consequences of the Russian Federation’s ongoing war
of aggression;
14.3 step up support for Council of Europe member States which
have received large numbers of Ukrainian refugees;
14.4 contribute to the Ukraine Flash Appeal launched by the
United Nations as well as by other organisations such as the International
Committee of the Red Cross;
14.5 establish schemes to facilitate access to their territories
and grant protection status to persons fleeing from the war in Ukraine,
including by implementing, where applicable, the European Union’s temporary
protection directive;
14.6 avoid discrimination against refugees on any grounds,
in particular ethnicity and national origin, while taking into account
the needs of vulnerable refugees fleeing Ukraine, including children,
victims of gender-based violence or trauma, persons with disabilities
and the elderly;
14.7 devise strategies and measures aimed at the integration
of refugees, from a long-term perspective;
14.8 develop and implement programmes to resettle from neighbouring
countries persons who have fled from the war in Ukraine;
14.9 consider further strengthening the resources of the Council
of Europe Development Bank with a view to improving its capacity
to address urgent needs through targeted support by means of grants
and reinforcing its ability to finance long-term investment in social
infrastructure in countries hosting large numbers of Ukrainian refugees;
14.10 step up voluntary contributions to ensure that the Council
of Europe can offer a package of priority measures for Ukraine,
to be implemented as soon as conditions allow;
14.11 show their continued trust in the Organisation by ensuring
its financial sustainability, should the Russian Federation fail
to meet its financial commitments to the Council of Europe or cease
to be a member of the Organisation.
15. As regards the role of the Council of Europe, the Assembly:
15.1 invites the Commissioner for
Human Rights to continue her efforts aimed at raising awareness about
the situation of those fleeing Ukraine and those who remain in Ukraine,
and to support initiatives aimed at documenting human rights violations
and breaches of international humanitarian law in Ukraine, including
through regular contact with her network of human rights defenders
and civil society;
15.2 invites the Secretary General of the Council of Europe
to ask her Special Representative on Migration and Refugees to give
priority, in her activities, to the situation of refugees and displaced persons
fleeing from the war in Ukraine, also relying on the Network of
Focal Points on Migration, and in the framework of the Council of
Europe Action Plan on Protecting Vulnerable Persons in the Context of
Migration and Asylum in Europe (2021-2025);
15.3 encourages the European Court of Human Rights to consider
giving priority to applications brought by Ukrainian citizens against
the Russian Federation for acts committed in the temporarily occupied
areas of Ukraine, taking into account the fact that these persons
have no access to effective remedies against such acts at national
level.
16. In the event that the Russian Federation ceases to be a member
of the Organisation, the Council of Europe should envisage initiatives
to be able to continue to support and engage with human rights defenders, democratic
forces, free media and independent civil society in the Russian
Federation.
17. In light of the broader impact of the Russian Federation’s
aggression against Ukraine on European co-operation and security,
the Assembly invites the Committee of Ministers to open an in-depth
reflection on the means to strengthen the indispensable role of
the Council of Europe in the European institutional architecture as
the guardian of democracy, human rights and the rule of law and
as a forum for co-operation and dialogue between peaceful, independent
democratic States. In this context, the Assembly reiterates its
support for the organisation of a 4th Summit of Heads of State and
Government of Council of Europe member States, which would chart
the way forward for the Organisation, in order to better equip it
to promote democratic security and tackle the challenges ahead.
18. As regards its own work, the Assembly:
18.1 should continue to follow closely the consequences of
the Russian Federation’s aggression against Ukraine;
18.2 in view of the participation of Belarus in the Russian
Federation’s aggression against Ukraine, recommends that its Bureau
suspend relations between the Assembly and the Belarusian authorities
in all its activities.
19. As regards the request to provide an opinion to the Committee
of Ministers pursuant to Statutory Resolution (51) 30, the Assembly is convinced that
the gravity of the actions committed by the Russian Federation and
the profound breach of trust caused by them fully justify the further
recourse to Article 8 of the Statute. Taking into account all of
the above and that the Russian Federation has committed serious
violations of the Statute of the Council of Europe that are incompatible
with the status of a Council of Europe member State, does not honour
its undertakings to the Council of Europe and does not comply with
its commitments, the Assembly considers that the Russian Federation
can therefore no longer be a member State of the Organisation.
20. The Assembly, therefore, is of the opinion that the Committee
of Ministers should request the Russian Federation to immediately
withdraw from the Council of Europe. If the Russian Federation does
not comply with the request, the Assembly suggests that the Committee
of Ministers determine the immediate possible date from which the
Russian Federation would cease to be a member of the Council of
Europe.
