Ensuring a just peace in Ukraine and lasting security in Europe
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 12 October 2023 (23rd sitting) (see Doc. 15842, report of the Committee on Political Affairs and Democracy,
rapporteur: Mr Iulian Bulai). Text adopted
by the Assembly on 12 October 2023 (23rd sitting).
1. The Parliamentary Assembly reiterates
its firmest condemnation of the Russian Federation’s ongoing brutal
war of aggression against Ukraine – which is a crime in itself –
and of the serious, persistent and widespread atrocities and other
violations of international law, international humanitarian law
and human rights for which the Russian Federation is responsible,
through its political and military leadership, military forces and proxies.
2. Reaffirming its solidarity with the Ukrainian people and echoing
the Reykjavik Declaration adopted by the heads of State and government
at the 4th Council of Europe Summit (16 and 17 May 2023), the Assembly states,
once again, its unwavering commitment to stand with Ukraine for
as long as it takes for its victory and its support for the independence,
sovereignty and territorial integrity of Ukraine within its internationally recognised
borders, including its territorial waters.
3. The Assembly reiterates its non-recognition of the attempted
illegal annexation by the Russian Federation of the Autonomous Republic
of Crimea and the city of Sevastopol, as well as parts of the Donetsk, Kherson,
Luhansk and Zaporizhzhia regions of Ukraine, which violates international
law and poses a direct threat to international security with serious
consequences for the international community. It reaffirms its readiness
to continue exerting restrictive pressure on the Russian Federation
to counter its illegal actions through undertaking further measures
against the Russian Federation.
4. The Council of Europe was established in the aftermath of
the Second World War as a peace project, in the conviction that
the pursuit of peace based upon justice and international co-operation
is vital for the preservation of human society and civilisation.
Since its foundation, the Council of Europe has contributed to strengthening
human rights, democracy and the rule of law within its member States,
whose number has substantially increased since the end of the Cold
War to embrace nearly all European countries.
5. Thirty years after the 1st Summit of Heads of State and Government
of the Council of Europe in Vienna, which gave a signal of hope
to all European States that shared the political aspiration to establish
a common legal space, a common area of peace and a community of
values, a full-scale war of aggression has taken centre stage in
the heart of the continent, against the backdrop of a deteriorating
security situation characterised by open and frozen conflicts, escalating
tensions and hybrid threats. This state of affairs confirms the
need for firmness in demanding that Council of Europe States fully
uphold their commitments and obligations as members of the Organisation,
as their adherence to Council of Europe standards is also a guarantee
of security for each other, as is inherent in the principle of democratic
security.
6. As the Russian Federation’s aggression against Ukraine has
continued for more than nine years and its full-scale military invasion
of Ukraine enters its twentieth month, the international community
should not lose sight of its primary objective: presenting a united
front to stop the aggression and win a peace which is comprehensive,
just and lasting, ensuring that the rule of law prevails over the
rule of force. Without a comprehensive, just and lasting peace in
Ukraine, there cannot be long-term security in Europe; without an effective
system of global governance based on international law, there cannot
be international peace and security.
7. Achieving peace means supporting the victory of Ukraine militarily,
financially, politically and diplomatically at bilateral and multilateral
levels. The Assembly has already given its full backing to President Zelenskyy’s
peace formula as the most extensive proposal for a comprehensive,
just and lasting peace in Ukraine, underlining that any peace talks
can only take place under the conditions set out by Ukraine and
after the withdrawal of the Russian troops and military equipment
from the whole territory of Ukraine. Greater efforts are necessary
to explain to the public and to international partners what is at
stake in this war for security in Europe and for the preservation
of a system of global governance based on the rule of law.
8. Achieving a comprehensive, just and lasting peace means recognising
the nature, extent and gravity of the crimes committed by the Russian
Federation. The violence being perpetrated, the hideous character
of some crimes, including the deportation of Ukrainian children
and sexual violence, and the rhetoric of the authorities indicate
an attempt by the Russian Federation to annihilate the Ukrainian
nation, waging a genocidal war. This deliberate policy stands out
as a tragic reminder of an earlier attempt to wipe out Ukrainian nationhood,
the Great Famine (the Holodomor), the 90th anniversary of which
will be commemorated in November 2023.
9. There are tens of thousands of civilians who have disappeared
or who have been illegally abducted, taken to filtration camps and
deprived of their liberty as a result of the Russian Federation’s
war of aggression against Ukraine. Approximately 2 000 of these
victims of enforced disappearances are over 70 years old. The Russian
Federation’s disrespect for the Geneva Convention relative to the
Protection of Civilian Persons in Time of War is just one example
of the Russian Federation’s brazen and systematic neglect of its
international legal obligations.
10. Since the beginning of the full-scale military invasion, the
Russian Federation has not hesitated to use as weapons migrants,
energy, ecocide, economic leverage, the “passportisation” of Ukrainian
citizens and the forcible deportation of Ukrainian children. Illegal
fake elections and referendums organised by the Russian Federation
in the illegally and temporarily occupied territories of Ukraine,
most recently between 8 and 10 September 2023, are a travesty of
democracy and a weaponisation of political freedoms. Likewise, the
decision of the Russian Federation to exit the Black Sea Grain Initiative
in July 2023 is a further weaponisation of trade and food, intended
to increase global instability and weaken international resolve
for supporting Ukraine.
11. Achieving a comprehensive, just and lasting peace means setting
up a comprehensive system of accountability of the Russian Federation
for its crimes. In this regard, the Assembly welcomes the launch,
in the form of an enlarged partial agreement of the Council of Europe,
of the Register of Damage Caused by the Aggression of the Russian
Federation against Ukraine. On the strength of the political momentum
created by the Reykjavik Summit, it reiterates its call to set up
an international mechanism to compensate the victims and a special
international tribunal to investigate and prosecute the political
and military leadership of the Russian Federation for the crime
of aggression against Ukraine.
12. Achieving a comprehensive, just and lasting peace in Ukraine
means investing in its reconstruction so that the country is sustainable
from economic, social, environmental and political points of view.
Physical reconstruction according to the principle of “build back
better” must rely on strong and resilient public institutions at
all levels, good democratic governance and the protection of human
rights and fundamental freedoms, in the framework of respect for
the rule of law. In this regard, the Assembly reiterates its call
for extensive support for the Action Plan for Ukraine 2023-2026,
which is instrumental to rebuilding greater democratic resilience
in Ukraine.
13. The way in which the international community responds to the
Russian Federation’s war of aggression against Ukraine will set
the course of European history and affect the system of global governance
in the years to come. The Russian Federation has blatantly and unashamedly
violated the most fundamental principles enshrined in the Charter
of the United Nations and paralysed the functioning of the United
Nations Security Council. Securing a comprehensive, just and lasting
peace entails re-establishing respect for the rule of law, including
the obligation for all States to refrain from the threat or the
use of force against the territorial integrity or political independence
of any State, as underlined in point 5 of President Zelenskyy’s
peace formula.
14. In light of these considerations, the Assembly:
14.1 decides to recognise the Great
Famine (the Holodomor) as an act of genocide intended to break the
backbone of Ukrainian nationhood, language and culture, and commemorates
its victims;
14.2 encourages the parliaments of Council of Europe member
States and other parliaments which have not yet done so to adopt
resolutions commemorating the victims of the Holodomor and recognising it
as genocide.
15. As regards the establishment of a comprehensive system of
accountability, the Assembly:
15.1 gives
it full support to the Enlarged Partial Agreement of the Council
of Europe on the Register of Damage Caused by the Aggression of
the Russian Federation against Ukraine, and invites the largest possible
number of countries to join;
15.2 calls on the countries represented in the Conference of
Participants of the Register of Damage to work swiftly to ensure
that the Register of Damage is operational as soon as possible and
that the register relies on, among other sources, the information
coming from Ukrainian non-governmental organisations and human rights
defenders; and to provide periodic reporting on its functioning;
15.3 calls on member and non-member States and other States
to swiftly agree steps to ensure accountability and justice, namely
the establishment of a comprehensive compensation mechanism, including
an international commission for the examination of claims for damages
recorded in the Register of Damage, and a compensation fund to pay
out on decisions on compensation for damage awarded by the commission,
in particular by confiscating and otherwise using the Russian Federation’s assets
to pay for damage caused by the war in Ukraine;
15.4 supports the activity of the “core group” of countries
prepared to support the creation of a special international tribunal
for the crime of aggression and calls on this “core group” to come
to an agreement on the tribunal’s legal form as soon as possible,
taking into account the need to maximise its international legitimacy
and to minimise possible legal issues, in particular regarding the
possible reliance of key suspects on personal or functional immunity;
15.5 calls on the international community to strongly support
the International Criminal Court (ICC) and the Joint Investigation
Team (JIT), including the International Centre for the Prosecution
of the Crime of Aggression against Ukraine (ICPA), to investigate
and prosecute the numerous war crimes and crimes against humanity
that Russian soldiers, commanders and their proxies have committed
or ordered in Ukraine since the beginning of the aggression in 2014,
as well as the crime of aggression committed by the political and
military leadership of the Russian Federation, and to support efforts
to bring to justice those responsible for the forcible transfer
of Ukrainian children;
15.6 standing in solidarity with all Ukrainian victims of enforced
disappearances, their families and relatives, calls on the international
community to demand:
15.6.1 that the Russian Federation
compile a list of illegally detained persons as a result of the aggression
against Ukraine for its transmission to the United Nations, Ukraine
or a third country that will ensure their return to Ukraine;
15.6.2 the immediate and unconditional release of victims of
enforced disappearances, the dismantling of filtration camps and
the punishment of the perpetrators.
16. Recalling the speech delivered by President Zelenskyy to the
United Nations General Assembly in September 2023, the Assembly
calls on all States that uphold the rules-based international order
to:
16.1 support President Zelenskyy’s
peace formula;
16.2 support Ukraine in its struggle to defend its independence,
sovereignty and territorial integrity by providing political, financial,
legal, humanitarian and military assistance, and by mobilising the
resources that will be necessary to finance the reconstruction of
Ukraine, redress environmental damage and restore the rich cultural
and religious heritage of the country.
17. Welcoming the initiative of the Council of the European Union
to hold a meeting of Foreign Ministers in Kyiv on 2 October 2023,
for the first time ever in a non-European Union member State, the
Assembly calls on parliaments and governments of Council of Europe
member States to spare no effort to support Ukraine in its path
towards accession to the European Union as a fully fledged member.
18. Welcoming the conclusions of the European Conference of Presidents
of Parliaments held in Dublin on 28 and 29 September 2023, which
stressed the contribution that national parliaments can make to
setting the course of Europe’s future, the Assembly:
18.1 invites parliaments of member
and non-member States to support Ukraine by:
18.1.1 holding
governments to account in their resolve to secure the victory of
Ukraine and a comprehensive, just and lasting peace;
18.1.2 ensuring the provision of the relevant budgetary resources
and taking the necessary legislative decisions;
18.1.3 raising awareness among their citizens about the issues
at stake in the war;
18.1.4 working towards the implementation of an effective system
of accountability of the Russian Federation;
18.1.5 making every possible effort to ensure the return of deported
Ukrainian children to their families;
18.1.6 addressing the alarming situation of Ukrainian political
prisoners illegally detained by the Russian Federation so that all
those unjustly incarcerated for their political beliefs are immediately
released;
18.2 encourages parliaments to boost parliamentary diplomacy,
interparliamentary dialogue and diplomatic efforts to rally allies
in support of Ukraine at the global level and promote a multilateral
system of global governance firmly rooted in the rule of law;
18.3 will continue to contribute, by providing expertise and
advice, to strengthening the institutional capacity of the Verkhovna
Rada and Ukraine’s democratic resilience;
18.4 encourages parliaments to actively participate in the
parliamentary dimension of the International Crimea Platform, including
taking part in its forthcoming Second Parliamentary Summit to be
held in Prague, Czech Republic, on 23 and 24 October 2023;
18.5 invites parliaments of member States to keep open channels
of dialogue with democratic opposition forces in the Russian Federation
and in Belarus that respect Council of Europe values, including
the specific criteria established in this regard, support the victory
of Ukraine, respect the territorial integrity of Council of Europe
member States and publicly condemn Russian aggression.