Russian war of aggression against Ukraine: the need to ensure accountability and avoid impunity
Resolution 2598
(2025)
| Provisional version
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 9 April 2025 (15th sitting) (see Doc. 16152, report of the Committee on Legal Affairs and Human Rights,
rapporteur: Mr Iulian Bulai). Text adopted
by the Assembly on 9 April 2025 (15th sitting).See
also Recommendation 2294
(2025).
1. More than
eleven years after its start, the illegal, unprovoked and unjustified
war of aggression of the Russian Federation against Ukraine continues
to rage, causing endless damage and suffering to Ukraine and its
people. Many wrongful acts committed by the Russian Federation,
including the act of aggression itself, the attempted annexation
of Ukrainian territories and the attempt to commit genocide against
the Ukrainian nation – as evidenced, inter alia, by the deportation
of Ukrainian children, the systematic destruction of cultural identity and
the targeted mass killings of civilians – violate erga omnes obligations and peremptory
norms of general international law. Thus, these acts affect not
only Ukraine, but the entire international community and entail
a duty for all States to co-operate in order to bring such serious
breaches of international law to an end and to avoid impunity. Failure
to ensure accountability for these acts would undermine the multilateral
order based on international law, creating the preconditions for
their repetition in the future thus causing a serious threat to
the maintenance of international peace and security.
2. Recalling its previous Resolutions 2436 (2022), 2482 (2023)
and 2556 (2024), the Parliamentary Assembly expresses its full support
for all the existing accountability mechanisms that address the consequences
of the aggression: the Ukrainian prosecuting and judicial authorities;
prosecuting and judicial authorities other States on the basis of
universal jurisdiction; the International Criminal Court (ICC);
the European Court of Human Rights; and other bodies such as the
United Nations (UN) Independent International Commission of Inquiry
on Ukraine and the International Centre for the Prosecution of the
Crime of Aggression against Ukraine.
3. The Council of Europe, with the Assembly as its driving force,
has worked tirelessly for the establishment of a more comprehensive
system of accountability and justice for Ukraine, including through
the creation of the Register of Damage for Ukraine at the Reykjavik
Summit in 2023, the proposal for the establishment of a Special
Tribunal for the Crime of Aggression and the participation in the
Core Group consultations, actions aimed at securing the return of
Ukrainian children, including the appointment of a Special Envoy
of the Secretary General and, most recently, participation in the
negotiations on the setting-up of an international claims commission.
4. During talks with the United States administration in March
2025, Ukraine expressed readiness to accept the US proposal to enact
an immediate, interim 30-day full ceasefire, which can be extended
by mutual agreement of the parties, and which is subject to acceptance
and concurrent implementation by the Russian Federation. Ukraine
accepted the US proposal without additional conditions, and the
Russian Federation should accept it without additional conditions.
In addition to addressing issues such as a partial ceasefire on energy
and critical infrastructure facilities and safe navigation in the
Black Sea, the agreement reached between the United States and Ukraine
on 23-25 March in Riyadh reaffirmed the commitment to concrete humanitarian
security measures aimed at reducing harm to civilians and facilitating
dialogue. While Ukraine has demonstrated its good faith and readiness
to uphold these commitments, the Russian Federation has repeatedly
violated the agreed terms of partial ceasefire and continued its
military attacks against Ukraine, including missile strikes on civilian
infrastructure, resulting in civilian casualties, particularly in
Kyiv, Kharkiv and Kryvyi Rih, as well as other cities and regions,
further demonstrating its lack of willingness to engage in genuine peace
efforts. The Assembly welcomes the US commitment and considers that
any peace negotiations must unconditionally address the human dimension
of the war, including the release of unlawfully detained civilians by
the Russian Federation and mutual release and repatriation of all
prisoners of war, according to the formula “all for all”, as well
as the safe return and reintegration of children unlawfully deported
to the Russian Federation and Belarus or forcibly transferred to
the Ukrainian territories temporarily occupied by the Russian Federation.
5. The Assembly takes note of the ongoing negotiations between
Ukraine and the United States regarding a possible agreement on
mineral resources. It underlines the importance of ensuring that
any such agreement is consistent with Ukraine's commitments to European
Union integration, particularly concerning economic sovereignty
and adherence to European Union competition and single market rules.
6. The Assembly underscores that the cessation of temporary protection
status for Ukrainians should be contingent upon the establishment
of a lasting, just and comprehensive peace in Ukraine. Premature termination
of this status based solely on a ceasefire or temporary truce may
expose Ukrainians to continued risks and instability. Therefore,
the Assembly urges member States to ensure that any modifications
to protection status are based on verifiable and lasting peace agreements,
thereby safeguarding the well-being and security of displaced Ukrainians.
7. The Assembly considers that the continuation or revival of
the Nord Stream 1 and 2 pipelines project is unacceptable. Such
actions would increase Europe's dependence on Russian energy resources,
undermining the European Union's energy security and contradicting
its strategic objective of diversifying energy supply sources. The
Assembly calls on all member States to oppose any efforts to resume
the project, emphasising the importance of unity and resilience
against energy-related geopolitical pressures.
8. The Assembly stresses that any possible future peace negotiations
must not compromise the commitment to hold the Russian Federation
and those responsible for its crimes and violations of international law
fully accountable. In line with Resolution 2588 (2025), the Assembly
considers that in order to be lasting and comprehensive, peace must
be just and based on the principles of international law, including
respect for territorial integrity and sovereignty, and human rights.
Any final settlement must not result in impunity.
9. In this context, the Assembly welcomes the successful outcome
of the Core Group’s meeting in Strasbourg between 19 and 21 March
2025 and the finalisation of the necessary legal documents for the establishment
of the Special Tribunal for the Crime of Aggression within the framework
of the Council of Europe, after almost two years of consultations.
The agreed texts include a draft bilateral agreement between Ukraine
and the Council of Europe, the Special Tribunal’s draft statute
and a draft enlarged partial agreement on the management of the
Special Tribunal. The three documents have now been submitted for
political consideration in Ukraine and in the States participating
in the Core Group. Participation in the enlarged partial agreement
will be open to non-member States, therefore ensuring cross-regional
support and international legitimacy. The Assembly considers that
the model of the tribunal envisaged by the Core Group, with the participation
of international judges and the application of international law,
contains features that make it sufficiently international. By establishing
such a tribunal, the Council of Europe will not only support its
member State, Ukraine, in its efforts to ensure accountability,
but will also uphold the international legal order, on the premise
that the pursuit of peace based on justice and international co-operation
is vital for the preservation of human society and civilisation,
as recalled in the Preamble to its Statute (ETS No. 1).
10. The Assembly expresses its hope that the final texts on the
Special Tribunal will address some of its demands stated in previous
resolutions, including with regard to functional immunities, the
definition of the crime of aggression, trials in absentia, fair
trial rights and co-operation with the ICC. With regard to the temporal scope
of its jurisdiction, the Assembly refers to its Resolution 2482
(2023) and Resolution 2556 (2024) and reiterates that the full-scale
invasion launched on 24 February 2022 constitutes a continuation
of the war of aggression by the Russian Federation against Ukraine
that began on 20 February 2014. Any compromise reached on other
issues should be understood as not undermining the ability of the
Special Tribunal to effectively investigate and punish the crime
of aggression and should be without prejudice to the current state and
future development of international law. The Assembly stresses that
the Special Tribunal’s jurisdiction should extend to the alleged
crimes of aggression committed by the so-called Belarusian leadership
as well as the military and political leadership of North Korea.
11. The Assembly warmly welcomes the launch in The Hague, between
24 and 26 March 2025, of formal negotiations on an International
Treaty to establish a Claims Commission for Ukraine within an Intergovernmental
Negotiation Committee, with the participation of more than 50 States
from different continents and the European Union. This is an important
step towards the establishment of the second component of a comprehensive
compensation mechanism, as repeatedly called for by the Assembly
in its previous resolutions and as foreseen in the Statute of the
Register of Damage. The Assembly considers that the best model for
establishing such a commission would be an open Council of Europe
convention, which could ensure the necessary cross-regional support
while benefiting from the leadership and expertise of the Organisation
in this area.
12. With regard to the enforcement of the compensation for the
damage caused by the aggression, the Assembly notes that as a result
of the Russian Federation’s full-scale invasion of Ukraine, the
total cost of reconstruction and recovery in Ukraine over the next
ten years, as of 31 December 2024, has been estimated to be €506
billion. It further recalls that several Council of Europe member
and non-member States decided to immobilise approximately US$300
billion in Russian State assets, as part of the sanctions adopted
in response to the full-scale invasion. However, it notes with concern
that the decision to freeze an important part of these assets will
expire unless renewed every six months by the Council of the European
Union, thus allowing the Russian Federation to use the return of
these assets to financially sustain its war against Ukraine, as
well as its attack on European security and the international legal
order.
13. In the light of these considerations, as regards the Special
Tribunal for the Crime of Aggression against Ukraine, the Assembly:
13.1 calls on all States and international
partners that have participated in the Core Group to reach a final
political agreement on the draft texts (the draft bilateral agreement
between Ukraine and the Council of Europe, the Special Tribunal’s
draft statute and the draft enlarged partial agreement) without
delay and pursue the establishment of the Special Tribunal irrespective
of the evolution of any peace negotiations;
13.2 calls on the Secretary General of the Council of Europe
and the Government of Ukraine, to conclude the bilateral agreement
for the establishment of the Special Tribunal once the necessary internal
proceedings have been completed, including the necessary and swift
authorisation by the Committee of Ministers;
13.3 calls on all States and international partners that have
participated in the Core Group to join the enlarged partial agreement
once it is established and to provide the Special Tribunal with
the necessary tools and resources, including sufficient financial
contributions, highly qualified judges and staff, and cooperation
agreements, in particular on witness protection programmes, enforcement
of sentences and release of persons acquitted or convicted;
13.4 calls on other member States, observer States and other
States to consider becoming members of the future enlarged partial
agreement.
14. With regard to other international crimes, such as genocide,
crimes against humanity and war crimes, including enforced disappearance,
the Assembly:
14.1 welcomes Ukraine’s
recent ratification of the ICC Statute;
14.2 expresses its full support to the ongoing investigations
into the situation in Ukraine by the Office of the Prosecutor of
the ICC and calls on all member States and other States to co-operate
with the ICC and enforce the arrest warrants issued against Russian
suspects, including Vladimir Putin, should any of these suspects
come within their jurisdiction;
14.3 condemns any attempts by States not party to the ICC Statute
to sanction the ICC and its staff, which may result in the obstruction
of its work and lack of co-operation by some States Parties;
14.4 invites all member States and other like-minded States
to increase their assistance to the Office of the Prosecutor General
of Ukraine and existing international accountability mechanisms,
as well as NGO accountability projects in Ukraine, by pooling resources
and filling the gap left by the new United States administration’s
decision to withdraw from certain accountability projects and suspend international
aid;
14.5 commends the work of prosecuting authorities and courts
of member States in investigating crimes committed in Ukraine on
the basis of the principle of universal jurisdiction, such as the
recent conviction of a Russian citizen for war crimes in Ukraine
by a court in Finland, and invites all member States whose legislation
provides for universal jurisdiction to do the same, in close co-operation
with the Ukrainian authorities and the ICC, or, where appropriate,
in the framework of Eurojust;
14.6 calls on all States to ensure that the Russian Federation
and Belarus are held accountable for their systemic use of torture
and other forms of ill-treatment to which Ukrainian prisoners of
war, Ukrainian civilians and political prisoners in the Russian
Federation and temporarily occupied Ukrainian territories, as well
as political prisoners in Belarus, have been and are being subjected,
by having recourse to the dispute settlement mechanism stipulated
in Article 30.1 of the United Nations Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment.
15. With regard to the international compensation mechanism for
the damage caused by the aggression, the Assembly:
15.1 welcomes the opening by the
Register of Damage for Ukraine of seven new categories of claims, including
with respect to missing immediate family members, sexual violence,
torture or inhumane or degrading treatment and serious personal
injury;
15.2 welcomes the engagement of the Register of Damage with
NGOs present in Ukraine and other countries, as well as national
authorities and international partners, including through the Register’s
Civil Society Coordination Platform, and encourages the register
to continue to intensify its outreach campaign to potential claimants;
15.3 condemns the designation by the Russian Federation of
the Register of Damage as an “undesirable organisation”;
15.4 welcomes the launch of formal negotiations on a treaty
to establish a Claims Commission for Ukraine and calls on all member
States participating in these negotiations to work swiftly towards
the establishment of an international claims commission and to support
the option of an open Council of Europe convention that would ensure
cross-regional participation and make full use of the Organisation’s
expertise;
15.5 calls on the Participants and Associate Members of the
Register of Damage to extend the eligibility of claims to include
those dating back to 2014, rather than limiting it to claims from
24 February 2022. This broader scope would ensure that all victims
of Russian aggression, including those impacted by the annexation
of Crimea, the war in the east of Ukraine, and other acts of aggression,
can seek justice and compensation. It is essential for the Register
to accurately reflect the full extent of the Russian Federation’s
actions over the past decade.
16. Finally, as regards frozen Russian assets, the Assembly, reaffirming
its Resolutions 2434 (2022), 2482 (2023), 2539 (2024), 2556 (2024)
and 2588 (2025):
16.1 welcomes the
decision of the European Union institutions to direct extraordinary
revenues stemming from immobilised Russian State assets for Ukraine
as well as the G7’s decision to offer Ukraine a US$50 billion loan
secured through revenues stemming from the immobilised Russian State assets;
16.2 welcomes the adoption of resolutions by the French National
Assembly and the European Parliament calling for the repurposing
of frozen Russian State assets and calls on the parliaments of all member
States to adopt similar resolutions and to urge their governments
to take resolute action;
16.3 calls on Council of Europe member and non-member States
currently holding immobilised Russian State assets, pending the
creation of an international compensation fund, to immediately take any
such measures that might be necessary to:
16.3.1 transfer these assets to an international trust fund,
as an extraordinary, lawful and proportionate response to the Russian
Federation’s ongoing violation of obligations arising under peremptory
norms of general international law and its outright refusal to make
reparation for the damage caused to Ukraine and its people;
16.3.2 ensure that any State or non-State entity suffering possible
negative consequences of the transfer of these assets is properly
protected and, if necessary, compensated for any directly associated
losses;
16.3.3 ensure that the transferred assets are invested and managed
for the ultimate benefit of the victims of the aggression, first
and foremost the State of Ukraine and its citizens, pending final distribution;
16.4 calls on the European Union, its member States and other
States to maintain and strengthen the current sanctions against
the Russian Federation, its allies, entities and individuals supporting
or benefiting from the aggression, until the Russian Federation
ceases its aggression against Ukraine and complies with its international
obligations;
16.5 calls on the European Union, its member States and other
States to introduce and strengthen secondary sanctions against individuals,
entities and jurisdictions facilitating the circumvention of sanctions
imposed in response to the Russian Federation’s aggression.
16.6 calls on the member States and European Union institutions
to impose sanctions on the NLMK Group (PAO Novolipetsk Steel, LLC
VIZ-Stal, JSC Stoylensky Mining and Beneficiation Complex) and others,
due to their ongoing co-operation with Russia’s defence industry.
