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The need for a renewed rules-based international order

Doc. 16087: compendium of written amendments | Doc. 16087 | 27/01/2025 | Final version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1In 1945, determined to save succeeding generations from the scourge of war, world leaders decided to create the United Nations, to ensure respect for international law, to maintain international peace and security and to promote social progress and better standards of life. Since then, the United Nations has been the cornerstone of the multilateral system of global governance, which has been enriched by a number of other international organisations and informal fora with specialised mandates and varying geographical coverage.
2Founded in 1949 as a peace project, the Council of Europe has made an outstanding contribution to strengthening rules-based multilateralism by promoting democracy, human rights and the rule of law and contributing to creating a single European legal space, through the European Convention on Human Rights (ETS No. 5), whose interpretation by the European Court of Human Rights has made it a “living instrument” and a “constitutional instrument of European public order”, and more than 200 other conventions.

In the draft resolution, paragraph 2, replace the word "rules-based" with the following words:

"UN charter-based"

Explanatory note

In whole resolution as it is a clear concept.

3Almost eight decades later, the international context has profoundly changed. The effectiveness of the rules-based international order is being increasingly challenged by a shift towards multipolarity, with groups of countries coalescing around diverging approaches and visions as regards values, systems of governance and the international order itself. This process is accompanied by the rapid rise of authoritarianism, nationalism, isolationism, unilateralism and pure power politics.

In the draft resolution, delete paragraph 3.

Explanatory note

Against multipolarity.

4The world is currently facing the highest number of conflicts since the end of the Second World War, and the United Nations Security Council is struggling to fulfil its primary responsibility of ensuring the maintenance of international peace and security due to the irreconcilable positions and interests of its permanent members.
5The Russian Federation’s war of aggression against Ukraine marked the most brutal violation of the rules-based international order in recent history, with the Russian Federation trying to change the territorial borders of a neighbouring sovereign State, using violence against civilians as an instrument of war and threatening the use of nuclear weapons.

In the draft resolution, at the end of paragraph 5, insert the following sentence:

"Such acts constitute a flagrant breach of the United Nations Charter and underscore the urgent need for comprehensive accountability mechanisms and an immediate cessation of hostilities."

Explanatory note

It is important to stress that the Russian Federation violates the UN Charter.

In the draft resolution, after paragraph 5, insert the following paragraph:

"The Assembly reaffirms that no acquisition of territory by the threat or use of force shall be recognised as lawful, and calls upon all States to refrain from any action that might be interpreted as legitimising the seizure or annexation of territory in violation of international law."

Explanatory note

Self-explanatory.

6Furthermore, the international community has proved incapable of stopping the escalation of violence in the Middle East, which began with an appalling terrorist attack by Hamas and other militia groups against Israel on 7 October 2023 and has escalated into a major regional conflict, resulting in more than 40 000 deaths and a humanitarian crisis of apocalyptic proportions in Gaza.

In the draft resolution, replace paragraph 6 with the following paragraph:

"Furthermore, the international community has proved incapable of stopping the escalation of violence in the Middle East, which began with a genocidal terrorist attack by Hamas and other militia groups against Israel on 7 October 2023."

7In addition, the result of the 2024 presidential election in the United States raises significant concerns about the direction of the United States foreign policy and the impact it might have on the multilateral system.

In the draft resolution, replace paragraph 7 with the following paragraph:

"In addition, the result of the 2024 presidential election in the United States gives hope that the United States will continue to be a true leader of the free world."

8This context of global instability and insecurity is all the more worrying as, in addition to the maintenance of international peace, the world is facing a number of other distinct and interrelated challenges that can only be addressed through concerted action, ranging from climate change and environmental degradation to mass migration, growing inequalities, global health risks, food and energy crises, terrorism and violent extremism, the rise of artificial intelligence and its impact on all aspects of society, and the exploration of space.
9In order to counter the threats to the European way of life, protect democracy, human rights and the rule of law, and preserve Europe’s position in the world, Council of Europe member States should strive for an open rules-based international order of realism, rather than an ever-shrinking club of “like-minded” countries.

In the draft resolution, at the end of paragraph 9, insert the following words:

", while ensuring that any State engaging in acts of aggression or grave breaches of international law is held accountable and does not benefit from unmerited diplomatic or economic privileges".

Explanatory note

Self-explanatory

10The Parliamentary Assembly firmly believes that a renewed commitment to international law and to the reform of the multilateral system of global governance is necessary to address these challenges effectively. The ability to resist the destabilising forces that seek to replace international law with the rule of force, and the capacity to renew and reinvigorate the rules-based international order, will determine the resilience not only of democracies, but of the world as a whole.

In the draft resolution, after paragraph 10, insert the following paragraph:

"The Assembly recalls the UN Charter’s criteria for membership accession and notes that all former Soviet republics and Yugoslav States joined the UN through appropriate procedures outlined in the UN Charter, while the Russian Federation assumed the USSR’s seat illegitimately without accession. The Assembly calls for reforms to address this violation, including measures to suspend the Russian Federation's participation and require it to reapply for membership. The Russian Federation's continued membership should depend on its adherence to international law."

Explanatory note

Self-explanatory

In the draft resolution, after paragraph 10, insert the following paragraph:

"The Russian Federation should be immediately removed from the UN because it illegally, in flagrant violation of the UN Charter, usurped the seat of the USSR on the UN Security Council. The Russian Federation's presence at the UN does not correspond to the requirements of membership at the UN."

11In light of these considerations, the Assembly welcomes the adoption on 22 September 2024 by the United Nations General Assembly of Resolution A/RES/79/1 “The Pact for the Future”, which demonstrates the commitment of the international community to reform the rules-based international order in order to meet the grave challenges we face. The Assembly therefore urges all States to implement the 56 actions contained in the Pact for the Future, and in particular to:
11.1ensure the strictest respect for international law, including the United Nations Charter, international human rights law and international humanitarian law, as well as the resolutions of the United Nations Security Council and the United Nations General Assembly;
11.2uphold the mandate of the International Court of Justice and comply with its decisions;
11.3accede to the International Criminal Court for those countries that have not yet done so, and to co-operate fully with the International Criminal Court and comply with its orders for those countries that have already acceded;

In the draft resolution, replace paragraph 11.3 with the following paragraph:

"promptly accede to the International Criminal Court for those countries that have not yet done so, and to co-operate fully with the International Criminal Court and comply with its orders for those countries that have already acceded, in particular with a view to ensuring accountability for war crimes, crimes against humanity and the crime of aggression;"

Explanatory note

Emphasis on the urgent need to comply with ICC orders to ensure accountability for war crimes, crimes against humanity, and the crime of aggression.

11.4refrain from the threat or use of force, or acts of aggression; respect the sovereignty and territorial integrity, within internationally recognised borders, of all States;
11.5commit to reforming the multilateral system and its institutions through an inclusive approach, to ensure:
11.5.1a reform of the United Nations Security Council, enlarging its membership to increase its representativeness and giving a stronger role to underrepresented and unrepresented regions, such as Africa, Latin America and the Caribbean, Asia-Pacific; revising its working methods; and reconsidering the use and scope of the veto power by permanent members, to avoid any abuse;
11.5.2revitalising the work of the United Nations General Assembly, which should be entrusted with stronger powers in matters related to the maintenance of international peace and security, especially when the United Nations Security Council fails to reach a common position;

In the draft resolution, at the end of paragraph 11.5.2, insert the following words:

", including in cases where a permanent member exercises its veto power to shield itself from accountability".

Explanatory note

Self-explanatory

11.5.3a reform of the international financial and economic institutions, including the International Monetary Fund and the World Bank, to grant developing countries with stronger representation and voting powers in their decision-making bodies, as well as easier access to financing and credit, and to identify sustainable ways to restructure their debt;
11.6significantly strengthen actions aimed at addressing the global challenges of climate change and environmental degradation, as well as the global governance of artificial intelligence.
12The Assembly recalls that, at their Fourth Summit in Reykjavik in 2023, the Heads of State and Government of the Council of Europe reiterated their commitment to strengthening “the role of the Council of Europe in the evolving European multilateral architecture and in global governance by enhancing its external dimension, through its liaison offices and through a new engagement based on its core values with democracies in the world and its southern neighbourhood”.

In the draft resolution, before paragraph 12, insert the following paragraph:

"Furthermore, the Assembly urges member States to uphold the International Criminal Court and other international bodies dedicated to justice, ensuring they operate impartially and free from political influence and strengthen international co-operation to remove political barriers, ensuring that justice is pursued effectively through multilateral frameworks, including the enforcement of ICC warrants."

In the draft resolution, before paragraph 12, insert the following paragraph:

"Member States shall ensure equal accountability: promote the consistent enforcement of international law, ensuring that all leaders are held equally accountable for violations, with the issuance of arrest warrants by the International Criminal Court (ICC) being applied impartially."

In the draft resolution, before paragraph 12, insert the following paragraph:

"The membership of the United Nations Security Council of members that have violated international law by invading sovereign states and illegitimately obtaining their seats shall be reconsidered; they shall be required to undergo the appropriate accession process in accordance with the UN Charter and uphold the core values of the organisation."

Explanatory note

The amendment refers to the fact that the Russian Federation obtained its seat at the UN and UN Security Council not in accordance with the UN Charter procedure.

In the draft resolution, before paragraph 12, insert the following paragraph:

"A long overdue reform of the United Nations organisation will require political will. As the Russian Federation's aggression against Ukraine has demonstrated, the UN Security Council is incapable of performing its major task - to maintain international peace and security. If it proves impossible to reform the UN, due to an impasse caused by the veto power of the permanent members of the UN Security Council, then a new international organisation of collective security should be created instead. One of the major obstacles on the road to reform of the UN is veto power which is anachronistic and should be liquidated. The UN Security Council and its composition are obsolete and devoid of necessary legitimacy. The enlargement of the UN Security Council would be a wrong path of reform, because it does not correspond to the principle of sovereign equality and there are no objective criteria for choosing new members of the UN Security Council.

13In line with the Reykjavik Declaration, the Assembly calls on Council of Europe member States to:
13.1engage in a dialogue with countries from the Global South and make use of all available institutional and diplomatic channels to ensure the largest participation possible in the enlarged partial agreements of the Council of Europe;
13.2support a greater role for the Council of Europe as a partner of the United Nations in strengthening rules-based multilateralism and for matters related to democratic security, maintenance of peace, and the protection of democracy, human rights and rule of law, including through the recognition of the Council of Europe as a regional organisation within the meaning of article 52, Chapter VIII of the United Nations Charter;
13.3strengthen the strategic partnership between the Council of Europe and the European Union, as well as the Council of Europe’s co-operation with other multilateral organisations, in Europe and beyond.
14The Assembly pays tribute to the extraordinary achievements of the European Court of Human Rights through its case law, including its important contribution to international law as one of the foundations of multilateralism. With a view to fostering an harmonious interpretation and development of international law, it invites the Court to strengthen its bilateral and multilateral relations and dialogue with the International Court of Justice, the different United Nations human rights mechanisms, as well as with regional human rights courts such as the Inter-American Court of Human Rights and the African Court of Human and Peoples’ Rights.
15Furthermore, with a view to strengthening Europe’s leadership internationally, the Assembly urges the Council of Europe member States which are also members of the European Union to:

In the draft resolution, paragraph 15, delete the following words:

", with a view to strengthening Europe’s leadership internationally,"

Explanatory note

The CoE member states should address issues inside the respective countries or organisations the member states are part of like for example the European Union and follow CoE standards. Otherwise the CoE and its member states could lose their credibility.

15.1pursue more vigorously the political and economic integration of the European Union, using the relevant Council of Europe standards and instruments on democracy, human rights, and the rule of law;

In the draft resolution, before paragraph 15.1, insert the following paragraph:

"conclude the accession of the European Union to the European Convention on Human Rights (ECHR) as enshrined in Article 6(2) of the Treaty on the European Union and reaffirmed in paragraph 6 of the European Union’s priorities for co-operation with the Council of Europe in 2025-2026;"

Explanatory note

The most important aspect of the partnership between the EU and the CoE should be mentioned. The accession of the EU to the ECHR is an important contribution to rules-based multilateralism, a single European legal space, and the protection of human rights in Europe.

In the draft resolution, replace paragraph 15.1 with the following paragraph:

"promote the use of the relevant standards and instruments of the Council of Europe in the fields of democracy, human rights and the rule of law in the actions and policies of the European Union;"

Explanatory note

The level of political and economic integration of the EU has no direct connection to the CoE. Nevertheless, the EU and its member states should of course apply the CoE’s standards and instruments for their actions and policies.

15.2adopt concrete measures to follow up the European Union’s Strategic Compass for Security and Defence adopted in 2022 and the Council Conclusions on EU Security and Defence adopted in 2024, in order to ensure that the European Union can successfully defend its physical borders, its citizens, its security, and its founding values against both military and hybrid threats, reducing its dependence on non-European allies;

27 January 2025

Tabled by Mr George LOUCAIDES, Mr Berdan ÖZTÜRK, Mr Andrej HUNKO, Mr Paul GAVAN, Ms Laura CASTEL, Mr Emmanuel FERNANDES, Ms Anne STAMBACH-TERRENOIR

If adopted, amendment 24 falls.

Votes: 23 in favor 81 against 9 abstentions

In the draft resolution, delete paragraph 15.2.

Explanatory note

Paragraph deals with internal policies of the EU in the field of security and defence without any connection to the Council of Europe. The Council of Europe is neither the EU nor has it the explicit mandate in the fields of security and defence policy, like the OSCE or African union for example.

In the draft resolution, paragraph 15.2, after the word "allies", insert the following words:

"and strengthening Europe’s capacity to respond decisively to any aggression against its member States or partner countries."

Explanatory note

Europe must be able to respond decisively to any aggression against its member states or partner countries.

In the draft resolution, after paragraph 15.2, insert the following paragraph:

"advance their military capabilities and ammunition production within the European Union for its greater self-reliance. Strengthening the defence capabilities of European countries that share a border with the Russian Federation, such as Lithuania, Latvia, Estonia, and Finland, should be regarded as a crucial factor in safeguarding the rules-based international order and ensuring the security of Eastern Europe."

Explanatory note

Self-explanatory

15.3accelerate the European Union enlargement process while focusing on defusing tensions and disputes, countering interference by malign third actors, strengthening Europe’s democratic security, and speaking with one voice internationally.

In the draft resolution, delete paragraph 15.3.

Explanatory note

The paragraph deals with the enlargement policy of the EU without the connection to the Council of Europe. Both are separate organisations; furthermore, EU enlargement has a strong geopolitical dimension and the Council of Europe should keep its distance from EU geo-politics.

16Being convinced of the importance of parliamentary diplomacy and the need for a greater involvement of parliaments in the conduct of international relations and in support of multilateralism, the Assembly welcomes Action 55 of the Pact for the Future, in which world leaders “recognize the importance of the United Nations engagement with national parliaments and relevant stakeholders, while preserving the intergovernmental character of the Organization”. Consequently, the Assembly resolves to:

27 January 2025

Tabled by Mr George LOUCAIDES, Mr Berdan ÖZTÜRK, Mr Andrej HUNKO, Mr Paul GAVAN, Ms Laura CASTEL, Ms Anne STAMBACH-TERRENOIR

If adopted, amendment 18 falls.

Votes: 101 in favor 7 against 4 abstentions

In the draft resolution, before paragraph 16, insert the following paragraph:

"The Assembly welcomes the European Union's reaffirmed determination to accede to the European Convention on Human Rights as enshrined in Article 6(2) of the Treaty on the European Union and its commitment to the European Convention on Human Rights (ECHR) and the European Court of Human Rights, including the effective and timely execution of its judgments as laid down in the European Union’s priorities for cooperation with the Council of Europe in 2025-2026."

In the draft resolution, before paragraph 16, insert the following paragraph:

"The Assembly welcomes the European Union's reaffirmed commitment to the European Convention on Human Rights (ECHR) and the European Court of Human Rights, including the effective and timely execution of its judgments as laid down in the European Union’s priorities for co-operation with the Council of Europe in 2025-2026."

16.1continue its regular contacts with the United Nations institutions and agencies, promoting the involvement of national parliamentarians in the work of the United Nations and the implementation of its mission;
16.2enhance its dialogue and co-operation with national parliaments, in particular in areas such as foreign relations, democratic security, confidence building and conflict prevention;

In the draft resolution, paragraph 16.2, after the words "national parliaments," insert the following words:

"especially those under direct threat or experiencing aggression,".

Explanatory note

Self-explanatory

16.3continue to act as an inclusive and representative platform for parliamentary dialogue, reaching out beyond Council of Europe membership;
16.4strengthen dialogue with other international parliamentary assemblies, such as the European Parliament, the Organization for Security and Cooperation in Europe Parliamentary Assembly, the North Atlantic Treaty Organization Parliamentary Assembly, as well as the Inter-Parliamentary Union;
16.5review and, where necessary, enhance the effectiveness of its co-operation agreements with other international parliamentary assemblies or organisations.

In the draft resolution, at the end of paragraph 16.5, insert the following words:

", ensuring coherence in responding to breaches of international law and providing unified support to countries affected by aggression".

Explanatory note

Self-explanatory

In the draft resolution, after paragraph 16.5, insert the following paragraph:

"The Assembly recognises the freedom and security of navigation as essential pillars of the rules-based international order. It expresses grave concern over the rise of the Russian Federation's "shadow fleet," which circumvents sanctions, disrupts established trade norms, threatens the environment and endangers human lives. The Assembly urges member and observer states to intensify cooperation, enhance transparency and adopt stricter regulations to safeguard navigation as an integral element of the rules-based order."

Explanatory note

Self-explanatory

DDraft Recommendation

1The Parliamentary Assembly draws the Committee of Ministers’ attention to its Resolution ...(2025) “The need for a renewed rules-based international order”, in which it takes stock of the current challenges to the rules-based international order as established following the Second World War. The shift towards multipolarity, with groups of countries coalescing around diverging approaches and visions as regards values, systems of governance and the international order itself, is accompanied by the rapid rise of authoritarianism, nationalism, isolationism, unilateralism and pure power politics. The world is currently facing the highest number of conflicts since the end of the Second World War, and the United Nations Security Council is struggling to fulfil its primary responsibility of ensuring the maintenance of international peace and security due to the irreconcilable positions and interests of its permanent members.

In the draft recommendation, paragraph 1, after the second sentence, insert the following sentence:

"This phenomenon has been underscored by the Russian Federation’s ongoing war of aggression against Ukraine, which constitutes a grave and blatant violation of the rules-based international order."

Explanatory note

Self-explanatory

2This context of global instability and insecurity is all the more worrying as, in addition to the maintenance of international peace, the world faces a number of other distinct and interrelated challenges that can only be addressed through concerted action, ranging from climate change and environmental degradation to mass migration, growing inequalities, global health risks, food and energy crises, terrorism and violent extremism, the rise of artificial intelligence and its impact on all aspects of society, and the exploration of space.
3The Assembly strongly supports the renewal of the multilateral system of global governance, which should continue to be based on respect for international law and the principles enshrined in the Charter of the United Nations. Co-operation among international organisations sharing these universal values and principles will be essential to safeguard multilateralism and to ensure that the momentous challenges ahead can be addressed for the benefit of humanity.
4Founded in 1949 as a peace project, the Council of Europe has made an outstanding contribution to strengthening rules-based multilateralism by promoting democracy, human rights and the rule of law and contributing to creating a single European legal space, through the European Convention on Human Rights (ETS No. 5) and its interpretation by the European Court of Human Rights, and more than 200 other conventions. By strengthening democratic standards, the protection of human rights and respect for the rule of law, the Council of Europe contributes to democratic security and the promotion of international peace within the meaning of the Charter of the United Nations.
5For these reasons, the Assembly makes a resolute call for strengthening the partnership between the Council of Europe and the United Nations, in line with the position taken by the Heads of State and Government of the Council of Europe at their Fourth Summit in Reykjavik in 2023, when they committed to strengthen “the role of the Council of Europe in the evolving European multilateral architecture and in global governance by enhancing its external dimension, through its liaison offices and through a new engagement based on its core values with democracies in the world and its southern neighbourhood”.
6The Assembly refers to its Recommendation 1367 (1998) “Reform of the United Nations”, in which it already recommended to the Committee of Ministers to “recognise that the Council of Europe is a regional organisation within the meaning of Chapter VIII of the Charter of the United Nations, on the basis of its contribution to democratic security in Europe, and the observer status it enjoys in the United Nations General Assembly”, and to “examine practical possibilities for the Council of Europe, including the Parliamentary Assembly, to be effectively present at the United Nations General Assembly’s sessions in New York”. In the current international context, these recommendations become even more relevant.
7In light of the above, the Assembly calls upon the Committee of Ministers to:
7.1take appropriate steps to seek recognition of the Council of Europe as a regional organisation within the meaning of Article 52, Chapter VIII of the Charter of the United Nations, in view of the role played by the Council of Europe in ensuring democratic security;
7.2strengthen co-operation between the relevant Council of Europe and United Nations bodies, in particular as regards the implementation of the Sustainable Development Goals, their respective work in the field of democracy, human rights and the rule of law, as well as issues such as environmental protection, the benefits and risks of new technologies and artificial intelligence, the role of youth and gender equality;
7.3consider updating the 1971 Arrangement on Co-operation and Liaison between the Secretariats of the United Nations and the Council of Europe to better reflect the potential areas of synergy and co-operation between the two organisations in the face of current challenges.

In the draft recommendation, after paragraph 7.3, insert the following paragraph:

"ensure that any State engaging in acts of aggression in contravention of the Charter of the United Nations and the Council of Europe’s founding principles cannot exploit its membership or observer status in any international organisation to legitimise violations of international law or evade accountability."

Explanatory note

Self-explanatory

8Finally, the Assembly reiterates its Recommendations 1659 (2004) “Strengthening of the United Nations” and 2150 (2019) “Strengthening co-operation with the United Nations in implementing the 2030 Agenda for Sustainable Development”, in which it invited the Committee of Ministers to find modalities for establishing a Council of Europe representation at the United Nations Headquarters in New York. It therefore strongly supports the proposal of the Secretary General of the Council of Europe to establish a liaison office of the Council of Europe at the United Nations Headquarters in New York and urges the Committee of Ministers to take the necessary steps in this direction without delay.