Support for political negotiations to enforce exchange and release of prisoners of war
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 24 June 2025 (21st and 22nd sittings) (see Doc. 16197, report of the Committee on Political Affairs and Democracy,
rapporteur: Ms Yelyzaveta Yasko; and Doc. 16206, opinion of the Committee on Legal Affairs and Human
Rights, rapporteur: Ms Rian Vogels). Text
adopted by the Assembly on 24 June 2025 (22nd sitting).
1. The illegal, unprovoked and unjustified
full-scale war of aggression by the Russian Federation against Ukraine
is still raging, after more than three years. The Russian Federation
is responsible for severe violations of international law, in particular
international human rights law and humanitarian law, including its
obligations under the Geneva Conventions and their Additional Protocols.
In this context, the situation of Ukrainian prisoners of war is
particularly dire: they are subjected to summary executions, widespread
and systematic torture and inhuman and degrading treatment, which
amount to war crimes and crimes against humanity. This state of
affairs calls for urgent intervention by the international community,
first and foremost to secure the proper treatment, mutual release
and repatriation of all prisoners of war. Given the ongoing severe
violations of international human rights law and humanitarian law
against Ukrainian prisoners of war, their continued captivity raises
serious concerns, which highlights that their prompt and safe release
is the most viable means of preventing further abuse. To this end,
political negotiations are of paramount importance.
2. According to the Ukrainian authorities, thousands of Ukrainian
servicepersons are currently in Russian captivity in over 300 detention
facilities, both in the temporarily occupied territories of Ukraine
and in the Russian Federation as well as in the Republic of Belarus.
As at 6 May 2025, a total of 4 757 Ukrainians (both prisoners of
war and civilians) have been released from Russian captivity since
the start of the full-scale war, and 64 exchanges of prisoners of
war have taken place.
3. The information received from those who have returned from
captivity indicates that the Russian Federation is systematically
violating the Geneva Convention Relative to the Treatment of Prisoners
of War of 12 August 1949 (Geneva Convention III) with regard to
the right to humane treatment (Article 13); the right to decent
conditions of detention (Articles 22, 25 and 29); the right to adequate
food (Article 26); the right to an initial medical examination and
to adequate medical attention (Articles 15, 20, 30, 31 and 46);
the right to have family members informed about the condition and
capture of prisoners of war, as well as to receive information (Articles
48, 69 and 70); the right to decent conditions during evacuation
and transfer (Articles 20 and 46 to 48); the prohibition of forcing
a prisoner of war to serve in the armed forces of an enemy State
(Article 130); and others.
4. Despite claims to the contrary by the Deputy Minister of Defence
of the Russian Federation in August 2022, the Russian Federation
failed to fulfil its obligation to establish an official information
bureau for prisoners of war who are in its power (Article 122 of
Geneva Convention III) and to appoint a mixed medical commission to
examine sick and wounded prisoners of war (Article 112). At the
same time, the Russian authorities have effectively barred relatives
of Ukrainian prisoners of war from requesting information from the
ministry of defence by requiring the use of the Russian State portal,
which is in fact only accessible to Russian citizens because of
authentication requirements tied to State-issued Russian credentials.
In addition, the Russian Federation has so far rejected initiatives
by other States to assume the role of protecting powers, although
it is a duty provided for in Article 5 of the Protocol Additional
to the Geneva Conventions of 12 August 1949, and relating to the
Protection of Victims of International Armed Conflicts (Protocol
I), and it is impeding access to most of its detention facilities
by the personnel of the International Committee of the Red Cross
(ICRC), the United Nations Human Rights Monitoring Mission in Ukraine
(HRMMU), the United Nations Independent International Commission
of Inquiry on Ukraine, the Ukraine Monitoring Initiative of the
Office for Democratic Institutions and Human Rights of the Organization
for Security and Co-operation in Europe (OSCE/ODIHR) and other international
monitoring mechanisms. However, the Russian Federation is already
under an international legal obligation to fully co-operate with
all international monitoring bodies and to remove any obstacles
to their monitoring activities, notably in areas covered by the
judgment of the European Court of Human Rights of 25 June 2024 in
the case of Ukraine v. Russia (re Crimea),
pursuant to the decision of the Committee of Ministers of the Council
of Europe CM/Del/Dec(2025)1521/H46-29 of 6 March 2025.
5. The Russian Federation’s highest political and military leadership
is aware of the vicious mistreatment of Ukrainian prisoners of war,
including threats, verbal and physical abuse, sexual violence, torture
and summary executions. As of February 2025, the HRMMU had verified
the execution of 71 Ukrainian prisoners of war and recorded the
death of at least 21 prisoners of war in custody. While the real
figures are currently unknown, they are certainly much higher. Of
the 454 released Ukrainian prisoners of war interviewed by the HRMMU,
95% provided accounts of torture or inhuman and degrading treatment
throughout all stages of captivity. In general, the evidence gathered
by international mechanisms, independent media and civil society investigations
suggests that the inhuman and degrading treatment of Ukrainian prisoners
of war is not confined to specific detention facilities but is widespread
and systematic. This indicates that not only are the Russian authorities
failing to take any effective preventative measures, but that they
are mandating a policy of inhuman and degrading treatment of prisoners
of war. Moreover, the Russian Federation has recently introduced
a legal framework granting exemption from criminal liability for
crimes under international law to individuals enlisting in the Russian
armed forces. This legal framework is recognised by the Office of
the United Nations High Commissioner for Human Rights (OHCHR) as
a violation of the Russian Federation’s obligations to investigate war
crimes and serious violations of international human rights law,
and to prosecute alleged perpetrators.
6. Ukrainian prisoners of war are at risk of inhuman and degrading
treatment, torture and even execution from the moment they are captured
on the battlefield, and subsequently during their transport, transit
and imprisonment in detention facilities, both in the temporarily
occupied territories of Ukraine and in the Russian Federation. They
are also at risk of being convicted on trumped-up charges or simply
for having taken part in hostilities and for exercising Ukraine’s
right to self-defence under the Charter of the United Nations, in proceedings
that violate fair trial guarantees.
7. In stark contrast, the situation of Russian prisoners of war
is generally well documented, as the ICRC and other international
monitoring bodies have unfettered access to the facilities where
they are held. Overall, Ukraine is complying with its obligations
under international human rights law and humanitarian law. Reports of
summary executions, torture or ill-treatment of Russian prisoners
of war must nevertheless be properly investigated and the perpetrators
must be held accountable.
8. In
Resolution 2562
(2024) “An urgent call to Europe and its partners: envisioning
immediate and long-term policy solutions in support of the displaced
people of Ukraine”, the Parliamentary Assembly stated the need to
urgently address the issue of Ukrainian prisoners of war and, in
Resolution 2573 (2024) “Missing persons,
prisoners of war and civilians in captivity as a result of the war
of aggression of the Russian Federation against Ukraine”, it resolved
to remain seized of this issue. The Assembly welcomes the exchanges
of prisoners of war, which can be crucial in the context of a possible
peace process. It also reaffirms the need for all possible future
peace negotiations to address unconditionally the issue of the mutual
release and repatriation of all prisoners of war, in accordance
with the formula “all for all”, as already expressed in its
Resolution 2598 (2025) “Russian
war of aggression against Ukraine: the need to ensure accountability
and avoid impunity”. Nevertheless, the Assembly also considers that
the situation of prisoners of war is of such urgency that it must
be addressed immediately by all parties concerned, irrespective
of developments related to a ceasefire and peace negotiations. 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
Protocol I to the Geneva Conventions, entailing individual criminal
responsibility.
9. The Assembly calls on European non-governmental organisations
and civil society to raise awareness of the plight of Ukrainian
prisoners of war in order to increase political and diplomatic pressure
on the Russian Federation.
10. The Assembly calls on the international community to unequivocally
contribute to and intensify the efforts aimed at achieving the mutual
release and repatriation of all prisoners of war, so that the rights
and dignity of all prisoners of war, their families and loved ones
are fully respected and upheld, while having regard to Geneva Convention
III. The Assembly encourages the ICRC to offer its good offices
to the parties to the conflict and apply a more proactive and innovative
approach in general to ensuring compliance with international humanitarian
law in the current environment.
11. The Assembly also welcomes and concurs with the recommendations
already made by the OHCHR in various reports, and with the recommendations
made by the OSCE/ODIHR in its interim reports on reported violations
of international humanitarian law and international human rights
law in Ukraine.
12. Against this background, and building on the recommendations
of the OHCHR and the OSCE/ODIHR, the Assembly calls on the Russian
Federation to:
12.1 respect and
ensure full compliance with international human rights law and humanitarian
law, notably with regard to the treatment of prisoners of war;
12.2 immediately cease the summary execution, torture, ill-treatment,
verbal and psychological abuse of and sexual violence against prisoners
of war;
12.3 cease the prosecution of captured Ukrainian servicepersons
for the mere fact of having directly participated in hostilities
and for having exercised Ukraine’s right to self-defence under the
Charter of the United Nations, and refrain from violating their
right to a fair and regular trial;
12.4 conduct impartial and thorough investigations into all
cases of death in custody, summary execution, torture, inhuman and
degrading treatment, sexual violence and verbal and psychological abuse
of prisoners of war, and ensure that the perpetrators are held accountable,
including those within the chain of command;
12.5 ensure that the ICRC and other relevant international
monitoring mechanisms have unimpeded access to all the places of
detention where prisoners of war are being held and are allowed
confidential interviews with them;
12.6 ensure that all the conditions of detention relating to
the prisoners of war as set out in Geneva Convention III are fully
respected, by establishing dedicated places of internment, including
prisoner-of-war camps and temporary and permanent transit camps,
providing adequate food, water, medical care and legal assistance,
and allowing prisoners of war to exercise their right to communicate
with their families and loved ones;
12.7 appoint a mixed medical commission to examine wounded
and sick prisoners of war and make decisions on their repatriation,
in line with Geneva Convention III;
12.8 ensure that an efficient, functional and transparent official
information bureau is established, with a mandate to cater for both
prisoners of war and civilian detainees who are in its power;
12.9 engage constructively and without delay in negotiations
to approve candidates for neutral members of the Ukrainian Mixed
Medical Commission pursuant to Annex II to Geneva Convention III;
12.10 repeal any legislative provisions that grant impunity
to members of the armed forces of the Russian Federation for committing
crimes under international law;
12.11 provide regularly to the ICRC and the competent Ukrainian
authorities all relevant information that would otherwise be transmitted
to the appointed protecting power, in accordance with international humanitarian
law.
13. The Assembly also calls on Ukraine to ensure that it continues
to act in full compliance with the Geneva Conventions and that any
violations of international human rights law and humanitarian law
committed by its armed forces or civilian authorities are promptly
and properly investigated.
14. The Assembly acknowledges the crucial role of those countries
involved in facilitating the ongoing exchanges of prisoners of war
between Ukraine and the Russian Federation, such as Türkiye and
the United Arab Emirates, and expresses its deep gratitude to their
governments for these efforts.
15. Based on the example of the countries involved in the exchange
of prisoners of war between Ukraine and the Russian Federation,
the Assembly calls on all States to:
15.1 support political negotiations to facilitate and encourage
an acceleration of the mutual release and repatriation of prisoners
of war;
15.2 provide additional resources to the Central Tracing Agency
Bureau of the ICRC and the United Nations Working Group on Enforced
or Involuntary Disappearances to enhance their capacity to locate and
verify the status of missing Ukrainian prisoners of war;
15.3 improve information sharing and co-ordination among relevant
stakeholders with a view to identifying mediating States that could
assume the role of protecting power, as per the Geneva Conventions,
and facilitate the establishment of channels for dialogue and political
negotiation;
15.4 promote the establishment of a structured, permanent mechanism,
negotiated and agreed upon by all interested parties, and possibly
co-ordinated by the ICRC, to enable the prompt, secure and regular
identification, tracing, mutual release and repatriation of all
prisoners of war, paying special attention to the seriously wounded
and sick;
15.5 provide political, financial, material and technical support
for the establishment of such a mechanism;
15.6 consider the identification of a neutral country where
prisoners of war could be safely and temporarily placed before their
repatriation.
16. The Assembly stands in solidarity with the families of the
Ukrainian prisoners of war, who are enduring immense psychological
suffering: in most cases, they are not allowed to communicate with
their loved ones and they are often not even aware of their fate
and whereabouts. The Assembly also recognises the need to provide
medical, psychological and administrative assistance and vocational
training to returned Ukrainian prisoners of war, to ensure their
rehabilitation and full reintegration into Ukrainian society. The
Assembly therefore calls on all States to provide financial aid
and technical expertise to the ongoing initiatives supporting the
families of Ukrainian prisoners of war and the returned Ukrainian
prisoners of war, including through the establishment of rehabilitation
centres.
17. The Assembly underlines the importance of ensuring accountability
and providing reparations to victims in order to achieve a just
and lasting peace for Ukraine. The Assembly therefore:
17.1 calls on all States that are
Parties to the Rome Statute of the International Criminal Court
(ICC) to fully support the work of the ICC in bringing the perpetrators,
the military and political authorities of the Russian Federation
to justice for war crimes and crimes against humanity, in particular
taking into account the publicly announced priorities of the Office
of the Prosecutor of the ICC about Ukraine regarding the killing
and torture of Ukrainian prisoners of war in the Volnovakha Penal
Colony No. 120 near Olenivka and in other places under Russian control,
and urges all States that have not yet done so to ratify or accede
to the Rome Statute of the ICC without delay;
17.2 calls on all States whose legislation provides for universal
jurisdiction to prosecute officials of the Russian Federation involved
in war crimes and other crimes, and encourages those States that
do not have this possibility to introduce universal jurisdiction
into their legislation.
17.3 calls on all Council of Europe member States to engage
in negotiations on expanding the mandate of the international compensation
mechanism under its auspices, in order to ensure reparations for
damage, loss or injury caused by wrongful acts under international
law in or against Ukraine before 24 February 2022, in particular
to Ukrainian prisoners of war who have suffered as a result.
18. The Assembly deeply regrets that a member State of the United
Nations Security Council, which is also responsible for war crimes,
retains its veto power, and reiterates its call for reconsideration
of the use and scope of the veto power by permanent members of the
United Nations Security Council to avoid any abuse, as stated in
its
Resolution 2581 (2025) “The
need for a renewed rules-based international order”.
