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Legal and human rights aspects of the Russian Federation’s aggression against Ukraine

Recommendation 2279 (2024)

Author(s):
Parliamentary Assembly
Origin
Assembly debate on 26 June 2024 (19th and20th sittings) (see Doc. 15998, report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Davor Ivo Stier). Text adopted by the Assembly on 26 June 2024 (20th sitting).
1. The Parliamentary Assembly draws the Committee of Ministers’ attention to Assembly Resolution 2556 (2024) “Legal and human rights aspects of the Russian Federation’s aggression against Ukraine”, which stresses again the need to ensure a comprehensive system of accountability for all violations of international law and international crimes, including the crime of aggression, war crimes, crimes against humanity and genocide, allegedly committed in the context and as a result of the Russian Federation’s aggression against Ukraine.
2. The Assembly refers to its Resolutions 2436 (2022) “The Russian Federation’s aggression against Ukraine: ensuring accountability for serious violations of international humanitarian law and other international crimes”, 2482 (2023) “Legal and human rights aspects of the Russian Federation’s aggression against Ukraine”, 2516 (2023) “Ensuring a just peace in Ukraine and lasting security in Europe” and 2539 (2024) “Support for the reconstruction of Ukraine”. It also refers to its Recommendations 2231 (2022) “The Russian Federation’s aggression against Ukraine: ensuring accountability for serious violations of international humanitarian law and other international crimes” and 2271 (2024) “Support for the reconstruction of Ukraine”.
3. In the light of the resolutions and recommendations mentioned above, the Assembly calls on the Committee of Ministers to:
3.1 continue mobilising the Council of Europe and all its political and legal instruments to support Ukraine and ensure a comprehensive system of accountability for the aggression of the Russian Federation against Ukraine and all its legal and human rights consequences;
3.2 ensure that the Council of Europe continues to provide expert and technical support for the establishment and operation of a special tribunal for the crime of aggression against Ukraine, including through the Secretary General’s participation and contributions to the consultations within the “Core Group” on a possible draft agreement between the Council of Europe and the Government of Ukraine on the establishment of a special tribunal for the crime of aggression against Ukraine, including its statute, and on a possible draft enlarged partial agreement governing the modalities of support to such a tribunal, its financing and other administrative matters;
3.3 take into account the outcome of these consultations and any proposals that may be made by the Secretary General, and work towards the establishment of a special tribunal for the crime of aggression against Ukraine as soon as possible, including, as appropriate, through an agreement between the Council of Europe and the Government of Ukraine and a draft enlarged partial agreement, having due regard to the considerations and features set out in Resolution 2556 (2024);
3.4 proceed towards the establishment of an international compensation mechanism for all the damage caused by the Russian aggression, including an international claims commission and a compensation fund, in co-operation with all relevant international partners and Ukraine, ensuring a leading role for the Council of Europe and taking into account the work of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine.