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Support for political negotiations to enforce exchange and release of prisoners of war

Amendment No. 18 | Doc. 16197 | 23 June 2025

Signatories:
Ms Olena KHOMENKO, Ukraine, ECPA ; Mr Oleksii GONCHARENKO, Ukraine, ECPA ; Mr Serhii KALCHENKO, Ukraine, ECPA ; Mr Arminas LYDEKA, Lithuania, ALDE ; Ms Mariia MEZENTSEVA-FEDORENKO, Ukraine, EPP/CD ; Mr Rostyslav TISTYK, Ukraine, ECPA ; Ms Lesia VASYLENKO, Ukraine, ALDE ; Mr Markus WIECHEL, Sweden, ECPA ; Mr Emanuelis ZINGERIS, Lithuania, EPP/CD
Origin
2025 - Third part-session
In the draft resolution, at the end of paragraph 8, insert the following sentence:

"Any unlawful, unfair or politically motivated convictions of Ukrainian prisoners of war must not be used as grounds to delay or refuse their release, particularly following the cessation of active hostilities. Any such unjustifiable delay or refusal would constitute an additional war crime under Article 85(4)(b) of Additional Protocol I to the Geneva Conventions, entailing individual criminal responsibility."

Explanatory note

Article 115 of the Geneva Convention allows detention of convicted POWs after hostilities end, but Russia must not misuse this to justify holding Ukrainian POWs on politically motivated or fabricated charges.