Further escalation in the Russian Federation's aggression against Ukraine
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 13 October 2022 (32nd sitting) (see Doc. 15631), report of the Committee on Political Affairs and Democracy,
rapporteur: Mr Emanuelis Zingeris). Text
adopted by the Assembly on 13 October 2022 (32nd sitting).
1. Eight months have elapsed since
the Russian Federation launched a large-scale invasion of Ukraine. This
brutal and inhumane aggression is provoking immense suffering, destruction
and displacement, to a level unseen in Europe since the Second World
War. This aggression must be unequivocally condemned as a crime in
itself, as a violation of international law and as a major threat
to international peace and security.
2. In the past few weeks, the Russian Federation has taken political,
military and rhetorical steps which indicate a further escalation
of the aggression. Marred by blatant intimidation of voters and
held on the front lines of an ongoing armed conflict, the so-called
referendums held in the Ukrainian regions of Donetsk, Kherson, Luhansk
and Zaporizhzhia between 23 and 27 September 2022, illegally supported
and voted for by the Russian Duma, are a travesty, in contravention
of international law and contrary to any substantive and procedural
standards for holding referendums. They must be considered null
and void and with no legal or political effects.
3. Similarly, the attempted annexation of these regions by the
Russian Federation is an affront to international law. The Parliamentary
Assembly strongly condemns this blatant attempt to incorporate territory belonging
to another sovereign State through force and coercion and reiterates
its firm support for the sovereignty, independence and territorial
integrity of Ukraine within its internationally recognised borders.
The Assembly recalls that the Duma had voted in favour of the invasion
and annexation of Crimea, and notes with great concern that it also
validated these more recent illegal attempted annexations. This
is further attestation that the Duma cannot be treated like an equal
partner among free and fairly elected parliaments of democratic countries
and that the Russian political parties that have previously voted
for illegal decisions encroaching on the sovereignty and territorial
integrity of Ukraine and other countries shall be treated and recognised
as groups and entities that support external aggression and therefore
share all responsibilities of the consequences of that aggression.
4. While continuing its illegal occupation and militarisation
of the nuclear power plant in Zaporizhzhia, the leadership of the
Russian Federation has increased threats of nuclear warfare. In
addition to being abhorrent and reckless, such threats are in breach
of international law and incompatible with the responsibilities
of a nuclear power holding a permanent seat on the United Nations
Security Council. In this regard, the Parliamentary Assembly should
look into the issue of the seat of the Russian Federation on the
United Nations Security Council.
5. The humanitarian situation in Ukraine remains dire. Almost
5 800 civilians are estimated to have died and one third of Ukrainians
have been forced from their homes since 24 February 2022. Prisoners
of war held by the Russian Federation’s armed forces or by affiliated
armed groups face torture and ill-treatment, and in some cases are
being tried and sentenced to death, in clear contravention of international
humanitarian law. The Assembly calls on the Russian Federation to
allow humanitarian missions of the United Nations, International
Committee of the Red Cross, Council of Europe or any other international
organisation or member State to facilitate the exchange of prisoners
of war and the release of political prisoners. The Assembly is outraged
by the discovery of mass graves in cities and towns liberated by
Ukrainian forces and firmly condemns all war crimes. The Assembly
welcomes the exchange of prisoners in Istanbul at the initiative
of Türkiye.
6. The continued use of long-range artillery by the Russian military
to hit towns and cities across Ukraine has caused massive destruction
and death. On 10 October 2022, a barbaric set of missile attacks
targeted several Ukrainian cities, hitting public squares, playgrounds
and residential buildings. With these indiscriminate attacks, Russia
aims to advance its terrorist policy to suppress the will of Ukrainians
to resist and defend their country and provoke maximum harm to civilians.
The role of the illegitimate Lukashenko regime in helping the Russian
Federation’s aggression against Ukraine must not be forgotten. The
recent announcement that Belarusian troops would deploy alongside
Russian ones is deeply concerning and must be widely condemned.
7. Meanwhile, the climate in the Russian Federation is one of
increasing repression. The authorities have implemented a far-reaching
crackdown on civil liberties based on intimidation and open persecution,
with the goal to provoke a state of terror in the general public
for political purposes. Democratic figures are being repressed or
killed, the system of opposition parties has been destroyed, the
judiciary is not independent and many media and civil society organisations,
such as Memorial International, have been closed down. Despite the
many draconian measures passed in recent years, anti-war demonstrations
and protests have been breaking out across the country. Among the
most prominent public figures being persecuted for voicing criticism
against the war is Vladimir Kara-Murza, who has been detained since
April 2022. On 10 October 2022, the Assembly was honoured to award
Mr Kara-Murza with the 2022 Václav Havel Prize, affirming support
for his courage and determination to create a peaceful, democratic
Russia. The Assembly calls on the Russian authorities to immediately
release Vladimir Kara-Murza. The Assembly also calls for a review
of cases of other political prisoners opposed to President Putin,
in the Russian Federation and in other countries, and for their release
(including Mikheil Saakashvili, who is a Ukrainian citizen and former
President of Georgia).
8. President Putin’s announcement on 21 September 2022 of a partial
mobilisation is yet another sign of escalation, which has created
tensions in the country. Protests at draft centres have at times
turned violent, and hundreds of thousands of Russian men have attempted
to flee the country to avoid a potential call-up. The apparently
deliberate attempt by the Russian authorities to disproportionately
focus their mobilisation campaign on ethnic minority groups, including
the population of Dagestan and Crimean Tatars who are mobilised
in the Ukrainian territories temporarily occupied by Russia, is
of great concern to the Assembly. It is also unacceptable that detainees
across Russia are being sent to fight in Ukraine.
9. The unleashing of a war of aggression by a permanent member
of the United Nations Security Council poses a challenge to global
governance. The Assembly deeply regrets that on 30 September 2022
the United Nations Security Council was not able to adopt a resolution
condemning the recent referendums due to the Russian Federation’s
veto, notwithstanding there were no other negative votes against
the text. In this context, the Assembly notes the increasing support
for a reform of the United Nations Security Council and welcomes a
greater role for the United Nations General Assembly, including
on issues relating to maintaining international peace and security.
10. In this respect, the Parliamentary Assembly wholeheartedly
welcomes the passage on 12 October 2022 by the United Nations General
Assembly, by a three-fourths majority, of the resolution “Territorial
integrity of Ukraine: defending the principles of the Charter of
the United Nations”, which recalls the obligation of States under
Article 2 of the United Nations Charter to refrain from the threat
or use of force against the territorial integrity of any State,
condemns the organisation by the Russian Federation of illegal so-called
referendums and declares that subsequent attempted illegal annexation
of these regions have no validity under international law.
11. The Assembly reiterates its full support for Ukraine and emphasises
the importance for the international community to work together
for the country’s recovery and long-term peaceful and prosperous
future. At the same time, the Assembly calls for a comprehensive
system to hold the Russian Federation and its leadership accountable
for this aggression and the violations of international human rights
and international humanitarian law committed in this context.
12. The Black Sea blockade was over after the Black Sea Grain
Initiative brokered by Türkiye and the United Nations. This deal
has been a contribution to the solution of the global grain and
food crisis and its continuation is important for the sustainability
of global food security. The Assembly, therefore, invites member
States to continue providing political support for the efficient
implementation and prolongation of this process.
13. In the light of the above considerations, while reiterating
its relevant resolutions and recommendations adopted since the beginning
of the large-scale aggression, the Assembly calls on Council of
Europe member States to:
13.1 reiterate
their unwavering support for the independence, sovereignty and territorial
integrity of Ukraine, within its internationally recognised borders,
and that any peace talks can only take place on the conditions set
by Ukraine;
13.2 unequivocally condemn the so-called referendums held in
the Ukrainian regions of Luhansk, Donetsk, Zaporizhzhia and Kherson
between 23 and 27 September 2022, and to refrain from recognising
any effects of them;
13.3 condemn the Russian Federation’s attempted annexation
of the regions of Luhansk, Donetsk, Zaporizhzhia and Kherson as
a violation of international law and a major threat to international
peace and security, and to avoid recognising any effects of it;
13.4 be firm and united in exerting a policy of maximum pressure
on the Russian Federation to immediately cease its aggression;
13.5 financially support the reconstruction of Ukraine and
provide the necessary air defence systems;
13.6 ensure a comprehensive system of accountability for serious
violations of international law arising from the Russian Federation’s
aggression against Ukraine, actively co-operating with the Ukrainian authorities
on this issue, and in this context:
13.6.1 speed up the
establishment of a Special (ad hoc) International Tribunal to prosecute
the crime of aggression against Ukraine;
13.6.2 establish a system to examine the measures to ensure accountability
for Russia’s violations and abuses of human rights and international
humanitarian law;
13.6.3 set up a comprehensive international compensation mechanism,
including an international register of damage and actively co-operate
with the Ukrainian authorities on this issue;
13.6.4 recognise Russian political parties that have previously
voted for illegal decisions encroaching on the sovereignty and territorial
integrity of Ukraine, and other countries, as groups and entities
that support external aggression and therefore share all responsibilities
of the consequences of the aggression;
13.7 declare the current Russian regime as a terrorist one.
14. Given the unprecedented gravity of the Russian Federation’s
aggression as a threat to international peace and security, the
rules-based international order, international law and the most
basic values which are the foundation of the Council of Europe,
the Assembly appeals to the Heads of State and Government of Council
of Europe member States to gather in the fourth summit in the history
of the Organisation and put the issue of accountability of the Russian
Federation, as well as support to Ukraine, high on the summit’s
agenda.
15. Furthermore, while reiterating its previous recommendations
addressed to the Russian Federation since the outbreak of its aggression
against Ukraine, the Assembly calls on the Russian Federation to:
15.1 cease its aggression against
Ukraine immediately and unconditionally;
15.2 completely and unconditionally withdraw its occupying
forces, including its military and proxies, from the territory of
Ukraine within its internationally recognised borders;
15.3 withdraw its troops from the territory of Georgia and
the Republic of Moldova;
15.4 comply strictly with its obligations under international
law, international human rights law and international humanitarian
law, including with regard to the treatment of prisoners of war;
15.5 immediately stop attacks against civilians, including
indiscriminate attacks against populated areas, targeted killings
and abductions, torture, rape and sexual violence and investigate
all allegations of such crimes;
15.6 fully withdraw from all of Ukraine’s nuclear facilities,
stop and refrain from making them the target of any military activity
and co-operate fully with the International Atomic Energy Agency
to ensure their safety and security;
15.7 stop threatening recourse to nuclear weapons and commit
not to use them;
15.8 stop using energy as a tool for blackmail;
15.9 stop supporting hacking attacks on democratic countries
and their institutions;
15.10 stop interfering with electoral processes and refrain
from financing anti-European activities of extremist pro-Russian
parties and movements in democratic countries;
15.11 co-operate with the investigations and proceedings that
have been established by the International Criminal Court and the
International Court of Justice and comply with their decisions;
15.12 co-operate with United Nations treaty bodies, submitting
reports and information to them when required to do so, allowing
country visits and complying with their recommendations;
15.13 co-operate with the Independent International Commission
of Inquiry on Ukraine and the Special Rapporteur on the situation
of human rights in the Russian Federation, respectively set up and
appointed by the Human Rights Council, and comply with their recommendations;
15.14 comply with the recommendations set out by the Moscow
Mechanism of the Organization for Security and Co-operation in Europe
(OSCE) and laid down in the OSCE reports “Violations of International
Humanitarian and Human Rights Law, War Crimes and Crimes Against
Humanity Committed in Ukraine (1 April – 25 June 2022)” and “Russia’s
Legal and Administrative Practice in Light of its OSCE Human Dimension
Commitments”;
15.15 co-operate with proceedings before the European Court
of Human Rights, implement outstanding judgments and those which
the Court will adopt for acts committed before 16 September 2022;
15.16 adopt without delay effective general measures to address
the structural and systemic problems identified by the European
Court of Human Rights and the Committee of Ministers with regard
to freedom of assembly, freedom of expression and the right to liberty
in the Russian Federation, including by repealing or amending laws
that have only exacerbated such problems, including the laws on
“foreign agents”, “undesirable organisations”, “extremism” and “fake
information on the Russian military”;
15.17 co-operate with the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT),
as long as the Russian Federation remains a Party to the European
Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (ETS No. 126) and allow the monitoring of
the reported political prisoners’ state of health and conditions of
detention pending their release or re-examination of their cases.
16. The Assembly asks the OSCE to continue to evaluate, through
the Moscow Mechanism or other appropriate tools, the violations
of international humanitarian and human rights law, war crimes and
crimes against humanity committed in Ukraine; the human rights situation
in the Russian Federation; and the Russian Federation’s aggression
against Georgia and the Republic of Moldova.
17. In the light of the gravity of the international situation,
the Assembly calls on international organisations to consider appropriate
measures to avoid that the Russian regime uses staff of Russian
nationality as a vehicle to support the Russian Federation’s aggression
against Ukraine, spread false information and Russian narratives
about it and to influence these organisations’ political decisions.
18. As regards its own work, the Assembly should continue to follow
developments relating to the Russian Federation’s aggression against
Ukraine.
