Missing persons, prisoners of war and civilians in captivity as a result of the war of aggression of the Russian Federation against Ukraine / Russian war of aggression against Ukraine: the need to ensure accountability and avoid impunity
Reply to Recommendation
| Doc. 16304
| 11 December 2025
1. The Committee of
Ministers has carefully examined Parliamentary Assembly
Recommendation 2285 (2024) “Missing persons, prisoners of war and civilians in
captivity as a result of the war of aggression of the Russian Federation
against Ukraine” and
Recommendation
2294 (2025) “Russian war of aggression against Ukraine: the need
to ensure accountability and avoid impunity” and has forwarded them
to the Steering Committee on Human Rights (CDDH) and the Committee
of Legal Advisers on Public International Law (CAHDI) for information
and possible comments.
2. The Committee first and foremost assures the Assembly that
accountability for the war of aggression of the Russian Federation
against Ukraine remains one of its highest political priorities.
In this context, it would like to recall recent steps taken towards
achieving accountability and avoiding impunity.
3. First, as concerns the Register of Damage for Ukraine, the
Committee of Ministers informs the Assembly that in September 2025,
the Register officially launched two new claims categories on the forcible
transfer or deportation of children and the forcible transfer or
deportation of adults. These categories are designated for individuals
– both children and adults – who were forcibly transferred within
Ukraine or deported outside of Ukraine, caused by the Russian Federation's
internationally wrongful acts. The Committee recently examined the
Register’s annual activity report for 2024 and held an exchange
with its Executive Director.
4. As concerns a claims commission, the Ad hoc Committee on the
Establishment of a Claims Commission for Ukraine (CAHEC) prepared
a draft Convention establishing an International Claims Commission
for Ukraine, which received a favourable opinion from the Parliamentary
Assembly in October 2025. It was then approved by the Committee
of Ministers on 22 October 2025 and will be adopted and opened for
signature at a Diplomatic Conference in The Hague on 15 and16 December
2025.
5. Regarding the establishment of a Special Tribunal, a bilateral
agreement between the Council of Europe and Ukraine establishing
a Special Tribunal for the Crime of Aggression against Ukraine was
signed by the Ukrainian President and the Secretary General, as
authorised by the Committee of Ministers, on 25 June 2025. Subsequently,
the Committee of Ministers set up a Working Party on the Special
Tribunal for the Crime of Aggression against Ukraine (GT-TRIBUNAL)
which has now met four times and is making progress in examining
the draft legal instruments and preparing the decisions required
to establish the Special Tribunal within the framework of the Council
of Europe.
6. Furthermore, the Committee of Ministers informs the Assembly
that a study on the need for and feasibility of (an) additional
non-binding instrument(s) to supplement the 2011 Committee of Ministers’ Guidelines
on impunity should be completed and transmitted to the Committee
of Ministers soon. Issues for possible inclusion in revised Guidelines
or a supplementary instrument include universal criminal jurisdiction, reparations,
compensation measures and mechanisms, and targeted sanctions, as
well as interstate co‑operation.
7. On the question of missing persons, prisoners of war and civilians
in captivity as a result of the war of aggression of the Russian
Federation against Ukraine, the Committee shares the Assembly’s
deep concern over their fate and has discussed this issue regularly
in meetings of the Joint Committee.
8. The Committee of Ministers also shares the profound concern
of the Assembly over the situation of the children of Ukraine. It
refers to its reply to Parliamentary Assembly
Recommendation 2265 (2024), adopted on 7 November 2024, which indicates various
avenues of assistance in this area. As concerns the recommendation
on creating a joint registry of individuals on sanctions lists,
the Committee considers that drawing on and, where relevant, strengthening
existing mechanisms may be the most effective solution. It recalls
that the Register of Damage now has a new category of claims on
the forcible transfer or deportation of children, as mentioned above.
9. Moreover, the Committee informs the Assembly that it held
an exchange of views on 7 November 2025 with Ms Thórdís Kolbrún
Reykfjord Gylfadóttir, Special Envoy of the Secretary General on
the situation of the children of Ukraine, about her activities since
her nomination in early February 2025. It will also focus its annual exchange
with the United Nations (human rights questions), scheduled in February
2026, on “Human rights and the children of Ukraine”.
10. Finally, as concerns supervision of the execution of the judgment
in the interstate case of Ukraine v. Russia
(re Crimea), which also addresses the situation of Ukrainian
children, the Committee of Ministers will resume consideration of
this case at one of its Human Rights meetings in 2026. In that context,
it will strive to examine the state of progress of relevant investigations
and assess what kind of synergies could be established to ensure
accountability of the Russian Federation for serious human rights
violations in the Crimea.
