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The Russian Federation’s aggression against Ukraine: ensuring accountability for serious violations of international humanitarian law and other international crimes

Recommendation 2231 (2022)

Parliamentary Assembly
Assembly debate on 28 April 2022 (15th sitting) (see Doc. 15510, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Aleksander Pociej). Text adopted by the Assembly on 28 April 2022 (15th sitting).
1. The Parliamentary Assembly refers to its Resolution 2436 (2022), stressing the need to ensure accountability for war crimes, crimes against humanity and possible genocide as well as the crime of aggression in connection with the Russian war of aggression against Ukraine.
2. The Assembly invites the Committee of Ministers to:
2.1 strengthen the competent services of the Council of Europe in order to enable them to provide technical assistance and advice to Ukraine and those member States exercising their universal jurisdiction to investigate and document gross human rights violations, including those amounting to war crimes, crimes against humanity and possible genocide, on the scale required;
2.2 invite the expert bodies of the Council of Europe, notably the Consultative Council of European Judges and the Consultative Council of European Prosecutors, the European Commission for the Efficiency of Justice and the European Commission for Democracy through Law (Venice Commission), and other monitoring and standard-setting mechanisms of the Council of Europe concerned, to produce expert recommendations and guidelines relating to these issues within the ambit of their competence;
2.3 encourage all member States to participate in setting up an ad hoc international criminal tribunal to prosecute the crime of aggression allegedly committed by the political leaders and military commanders of the Russian Federation against Ukraine, by way of a multilateral treaty between like-minded States;
2.4 examine ways and means for the Council of Europe as a whole to play an active role in setting up and operating such a tribunal, including by providing logistical or other technical assistance.