Further escalation in the Russian Federation's aggression against Ukraine

Doc. 15631: compendium of written amendments | Doc. 15631 | 12/10/2022 | Final version

Compendium index

Amendment 3 Amendment 6 Amendment 8 Amendment 9 Amendment 10 Amendment 11 Amendment 1 Amendment 4 Amendment 2 Amendment 5 Amendment 7 Amendment 12 Amendment 13 Amendment 14

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1Eight months have elapsed since the Russian Federation launched a large-scale invasion of Ukraine. This brutal and inhumane aggression is provoking immense suffering, destruction and displacement, to a level unseen in Europe since the Second World War. This aggression must be unequivocally condemned as a crime in itself, as a violation of international law and as a major threat to international peace and security.

2In the past few weeks, the Russian Federation has taken political, military and rhetorical steps which indicate a further escalation of the aggression. Marred by blatant intimidation of voters and held on the front lines of an ongoing armed conflict, the so-called referendums held in the Ukrainian regions of Donetsk, Kherson, Luhansk and Zaporizhzhia between 23 and 27 September 2022 are a travesty, in contravention of international law and contrary to any substantive and procedural standards for holding referendums. They must be considered null and void and with no legal or political effects.

• Amendment 8

12 October 2022

Tabled by Mr Dmytro NATALUKHA, Ms Olena KHOMENKO, Ms Yuliia OVCHYNNYKOVA, Mr Pavlo SUSHKO, Mr Sergiy VLASENKO, Ms Yevheniia KRAVCHUK

In the draft resolution, paragraph 2, second sentence, after the words "23 and 27 September 2022", add the words:

",illegally supported and voted for by the Russian Duma,"

3Similarly, the attempted annexation of these regions by the Russian Federation is an affront to international law. The Parliamentary Assembly strongly condemns this blatant attempt to incorporate territory belonging to another sovereign State through force and coercion and reiterates its firm support for the sovereignty, independence and territorial integrity of Ukraine within its internationally recognised borders. The Assembly recalls that the Russian Duma had voted in favour of the invasion and annexation of Crimea, and notes with great concern that it also validated these more recent illegal attempted annexations. This is further demonstration that the Russian Duma cannot be treated like an equal partner among free and fairly elected parliaments of democratic countries.

• Amendment 9
• Amendment 10

12 October 2022

Tabled by Mr Dmytro NATALUKHA, Ms Olena KHOMENKO, Ms Yuliia OVCHYNNYKOVA, Mr Pavlo SUSHKO, Mr Sergiy VLASENKO, Ms Yevheniia KRAVCHUK

In the draft resolution, paragraph 3, last sentence, replace the word "demonstration" with the following word:

"attestation"

12 October 2022

Tabled by Mr Dmytro NATALUKHA, Ms Olena KHOMENKO, Ms Yuliia OVCHYNNYKOVA, Mr Pavlo SUSHKO, Mr Sergiy VLASENKO, Ms Yevheniia KRAVCHUK

Votes: 102 in favor 0 against 3 abstentions

In the draft resolution, at the end of paragraph 3, add the following words:

"and that the Russian political parties that have previously voted for illegal decisions encroaching on the sovereignty and territorial integrity of Ukraine and other countries shall be treated and recognised as groups and entities that facilitate terrorism."

4While continuing its illegal occupation and militarisation of the power plant in Zaporizhzhia, the leadership of the Russian Federation has increased threats of nuclear warfare. In addition to being abhorrent and reckless, such threats are in breach of international law and incompatible with the responsibilities of a nuclear power holding a permanent seat in the United Nations Security Council.

• Amendment 6
• Amendment 11

12 October 2022

Tabled by Mr Serhii SOBOLIEV, Mr Oleksii GONCHARENKO, Ms Oleksandra USTINOVA, Mr Sergiy VLASENKO, Ms Yuliia OVCHYNNYKOVA, Mr Oleksandr MEREZHKO, Mr Dmytro NATALUKHA

In the draft resolution, paragraph 4, first sentence, before the words "power plant in Zaporizhzhia", add the following word:

"nuclear"

12 October 2022

Tabled by Mr Dmytro NATALUKHA, Ms Olena KHOMENKO, Ms Yuliia OVCHYNNYKOVA, Mr Pavlo SUSHKO, Mr Sergiy VLASENKO, Ms Yevheniia KRAVCHUK

In the draft resolution, at the end of paragraph 4, add the following words:

"which the Russian Federation, as with its membership of the United Nations, occupies without any legal grounds, but merely by misappropriating the membership and seat of the former USSR, without any formal legal procedure."

5The humanitarian situation in Ukraine remains dire. Almost 5 800 civilians are estimated to have died and one third of Ukrainians have been forced from their homes since 24 February 2022. Prisoners of war held by the Russian Federation’s armed forces or by affiliated armed groups face torture and ill-treatment, and in some cases are being tried and sentenced to death, in clear contravention of international humanitarian law. The Assembly is outraged by the discovery of mass graves in cities and towns liberated by the Ukrainian forces, and firmly condemns all war crimes.

• Amendment 3
• Amendment 1

12 October 2022

Tabled by Ms Yelyzaveta YASKO, Ms Andrea EDER-GITSCHTHALER, Ms Annicka ENGBLOM, Ms Carmen LEYTE, Mr Bernard FOURNIER, Ms Nathalie SERRE, Mr Aleksander POCIEJ, Mr Frank SCHWABE, Mr John HOWELL, Mr Ian PAISLEY, Mr Bob van PAREREN, Ms Fiona O'LOUGHLIN, Ms Oleksandra USTINOVA, Ms María Valentina MARTÍNEZ FERRO, Mr Pablo HISPÁN, Mr Eerik-Niiles KROSS, Mr George PAPANDREOU, Ms Maria JUFEREVA-SKURATOVSKI, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Sergiy VLASENKO, Mr Oleksii GONCHARENKO, Ms Krista BAUMANE, Mr Kimmo KILJUNEN, Ms Khatia DEKANOIDZE, Mr Ian LIDDELL-GRAINGER, Mr Oleksandr MEREZHKO

In the draft resolution, paragraph 5, after the third sentence, add the following sentence:

"The Assembly calls on the Russian Federation to allow humanitarian missions of the UN, International Committee of the Red Cross, Council of Europe or any other international organisation or member State to facilitate the exchange of prisoners of war and the release of political prisoners".

12 October 2022

Tabled by Mr Ahmet YILDIZ, Mr Mehmet Mehdi EKER, Mr Haluk KOÇ, Mr Ahmet Ünal ÇEVİKÖZ, Ms Emine Nur GÜNAY, Mr Halil ÖZŞAVLI, Mr Ziya ALTUNYALDIZ, Ms Sena Nur ÇELİK KANAT, Mr Ahmet BÜYÜKGÜMÜŞ, Mr Zeki Hakan SIDALI, Ms Serap YAŞAR, Ms Arzu ERDEM, Mr Aleksander POCIEJ, Mr Kamil AYDIN, Mr Oleksii GONCHARENKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yuliia OVCHYNNYKOVA, Mr Yuriy KAMELCHUK, Ms Olena KHOMENKO, Mr Pavlo SUSHKO

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

"The Assembly welcomes the exchange of prisoners in Istanbul at the initiative of Türkiye."

Explanatory note

The paragraph refers to the situation of prisoners of war. Adding this sentence to the paragraph will be appropriate and useful to have a complete picture of this humanitarian issue and also to be a leading example and a ray of hope for the future.

6The continued use of long-range artillery by the Russian military to hit towns and cities across Ukraine has caused massive destruction and death. On 10 October 2022, a barbaric set of missile attacks targeted several Ukrainian cities, hitting public squares, playgrounds and residential buildings. With these indiscriminate attacks, Russia aims to advance its terrorist policy to suppress the will of Ukrainians to resist and defend their country and provoke maximum harm to civilians. The role of the illegitimate Lukashenko regime in helping the Russian Federation’s aggression against Ukraine must not be forgotten. The recent announcement that Belarusian troops would deploy alongside Russian ones is deeply concerning and must be widely condemned.

7Meanwhile, the climate in the Russian Federation is one of increasing repression. The authorities have implemented a far-reaching crackdown on civil liberties based on intimidation and open persecution, with the goal to provoke a state of terror in the general public for political purposes. Democratic figures are being repressed or killed, the system of opposition parties has been destroyed, the judiciary is not independent and many media and civil society organisations, such as Memorial International, have been closed down. Despite the many draconian measures passed in recent years, anti-war demonstrations and protests have been breaking out across the country. Amongst the most prominent public figures being persecuted for voicing criticism against the war is Vladimir Kara-Murza, who has been detained since April 2022. On 10 October 2022, the Assembly was honoured to award Mr Kara-Murza with the 2022 Václav Havel Prize, affirming support for his courage and determination to create a peaceful, democratic Russia.

• Amendment 4

12 October 2022

Tabled by Mr Aleksander POCIEJ, Ms Ria OOMEN-RUIJTEN, Ms Annicka ENGBLOM, Ms Andrea EDER-GITSCHTHALER, Ms Carmen LEYTE, Mr Bernard FOURNIER, Ms Nathalie SERRE, Ms Ingjerd Schie SCHOU, Mr Emanuelis ZINGERIS, Mr Max LUCKS, Mr Julian PAHLKE, Mr Iulian BULAI, Mr John HOWELL, Mr Ian PAISLEY, Mr Bob van PAREREN, Ms Fiona O'LOUGHLIN, Ms Yelyzaveta YASKO, Mr Asim MOLLAZADA, Ms Oleksandra USTINOVA, Ms María Valentina MARTÍNEZ FERRO, Mr Pablo HISPÁN, Mr Ian LIDDELL-GRAINGER, Mr George PAPANDREOU, Mr Eerik-Niiles KROSS, Ms Maria JUFEREVA-SKURATOVSKI, Ms Mariia MEZENTSEVA-FEDORENKO, Mr Sergiy VLASENKO, Mr Oleksii GONCHARENKO, Ms Dora BAKOYANNIS, Mr Anastasios CHATZIVASILEIOU, Lord George FOULKES, Mr Zsolt NÉMETH, Mr Piero FASSINO, Ms Minna REIJONEN, Mr Oleksandr MEREZHKO, Ms Boriana ÅBERG, Ms Maria-Gabriela HORGA, Ms Linda Hofstad HELLELAND, Mr Serhii SOBOLIEV, Ms Khatia DEKANOIDZE, Mr Antonio GUTIÉRREZ LIMONES, Ms Krista BAUMANE, Mr Kimmo KILJUNEN, Ms Foteini PIPILI, Ms Christiana EROTOKRITOU

Votes: 56 in favor 27 against 10 abstentions

In the draft resolution, at the end of paragraph 7, add the following sentences:

"The Assembly calls on the Russian authorities for the immediate release of Vladimir Kara-Murza. The Assembly also calls for a review of cases of other political prisoners opposed to Putin, in the Russian Federation and in other countries, and for their release (including Mikheil Saakashvili, Ukrainian citizen and former president of Georgia)."

8President Putin’s announcement of a partial mobilisation on 21 September 2022 is yet another sign of escalation, which has created tensions in the country. Protests at draft centres have at times turned violent, and hundreds of thousands of Russian men have attempted to flee the country to avoid a potential callup. The apparent deliberate attempt by the Russian authorities to disproportionately focus their mobilisation campaign on ethnic minority groups, including the population of Dagestan and Crimean Tatars who are mobilised in the Ukrainian territories temporarily occupied by Russia, is of great concern to the Assembly. It is also unacceptable that detainees across Russia are being sent to fight in Ukraine.

9The unleashing of a war of aggression by a permanent member of the United Nations Security Council poses a challenge to global governance. The Assembly deeply regrets that on 30 September 2022 the United Nations Security Council was not able to adopt a resolution condemning the recent referendums due to the Russian Federation’s veto, notwithstanding no other negative votes. In this context, the Assembly notes the increasing support for a reform of the United Nations Security Council and welcomes a greater role for the United Nations General Assembly including in issues relating to maintaining international peace and security.

10The Assembly reiterates its full support for Ukraine and emphasises the importance for the international community to work together for the country’s recovery and long-term peaceful and prosperous future. At the same time, the Assembly calls for a comprehensive system to hold the Russian Federation and its leadership accountable for this aggression and the violations of international human rights and international humanitarian law committed in this context.

• Amendment 2

12 October 2022

Tabled by Mr Ahmet YILDIZ, Mr Mehmet Mehdi EKER, Mr Haluk KOÇ, Mr Ahmet Ünal ÇEVİKÖZ, Ms Emine Nur GÜNAY, Mr Halil ÖZŞAVLI, Mr Ziya ALTUNYALDIZ, Ms Sena Nur ÇELİK KANAT, Mr Ahmet BÜYÜKGÜMÜŞ, Mr Zeki Hakan SIDALI, Ms Serap YAŞAR, Ms Arzu ERDEM, Mr Aleksander POCIEJ, Mr Kamil AYDIN, Mr Oleksii GONCHARENKO, Ms Mariia MEZENTSEVA-FEDORENKO, Ms Yuliia OVCHYNNYKOVA, Mr Yuriy KAMELCHUK, Ms Olena KHOMENKO

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

"The Black Sea blockade was over after the Black Sea Grain Initiative brokered by Türkiye and UN. This deal has been a contribution to the solution of the global grain and food crisis and its continuation is important for the sustainability of global food security. The Assembly, therefore, invites member States to continue providing political support for the efficient implementation and prolongation of this process".

Explanatory note

The grain corridor will assist Ukraine in exporting its grain stocks and foodstuff, and also the country's recovery, which is referred to in paragraph 10.

11In the light of the above considerations, while reiterating its relevant resolutions and recommendations adopted since the beginning of the large-scale aggression, the Assembly calls on Council of Europe member States to:

11.1reiterate their unwavering support for the independence, sovereignty and territorial integrity of Ukraine, within its internationally recognised borders;

• Amendment 5

12 October 2022

Tabled by Mr Indrek SAAR, Ms Anne-Mari VIROLAINEN, Ms Larysa BILOZIR, Ms Iryna KONSTANKEVYCH, Mr Pierre-Alain FRIDEZ

In the draft resolution, at the end of paragraph 11.1, add the following words:

"and that any peace talks can only take place on the conditions set by Ukraine".

11.2unequivocally condemn the so-called referendums held in the Ukrainian regions of Luhansk, Donetsk, Zaporizhzhia and Kherson between 23 and 27 September 2022, and to refrain from recognising any effects of them;

11.3condemn the Russian Federation’s attempted annexation of the regions of Luhansk, Donetsk, Zaporizhzhia and Kherson as a violation of international law and a major threat to international peace and security, and to avoid recognising any effects of it;

11.4be firm and united in exerting a policy of maximum pressure on the Russian Federation to immediately cease its aggression;

11.5support financially the reconstruction of Ukraine;

• Amendment 12

12 October 2022

Tabled by Ms Oleksandra USTINOVA, Mr Ian LIDDELL-GRAINGER, Ms Yelyzaveta YASKO, Ms Ria OOMEN-RUIJTEN, Mr Eerik-Niiles KROSS

Votes: 92 in favor 7 against 3 abstentions

In the draft resolution, at the end of paragraph 11.5, add the following words:

"and provide necessary air defense systems"

11.6ensure a comprehensive system of accountability for serious violations of international law arising from the Russian Federation’s aggression against Ukraine actively co-operating with the Ukrainian authorities on this issue, and, in this context:

• Amendment 7

12 October 2022

Tabled by Ms Maria JUFEREVA-SKURATOVSKI, Mr Indrek SAAR, Ms Thórhildur Sunna ÆVARSDÓTTIR, Mr Eerik-Niiles KROSS, Ms Yelyzaveta YASKO, Mr Serhii SOBOLIEV, Mr Ian LIDDELL-GRAINGER, Mr Aleksander POCIEJ

Votes: 79 in favor 2 against 1 abstention

In the draft resolution, after paragraph 11.6, insert the following paragraph:

"Declare the Russian Federation a terrorist regime".

11.6.1speed up the establishment of a Special (ad hoc) International Tribunal to prosecute the crime of aggression against Ukraine;

11.6.2establish a system to examine the measures to ensure and secure accountability;

• Amendment 13

12 October 2022

Tabled by Mr Dmytro NATALUKHA, Ms Olena KHOMENKO, Ms Yuliia OVCHYNNYKOVA, Mr Pavlo SUSHKO, Ms Yevheniia KRAVCHUK

In the draft resolution, at the end of paragraph 11.6.2, add the following words:

"for Russia's violations and abuses of human rights and international humanitarian law"

11.6.3set up a comprehensive international compensation mechanism, including an international register of damage and actively co-operate with the Ukrainian authorities on this issue.

• Amendment 14

12 October 2022

Tabled by Mr Dmytro NATALUKHA, Ms Olena KHOMENKO, Ms Yuliia OVCHYNNYKOVA, Mr Pavlo SUSHKO, Mr Sergiy VLASENKO, Ms Yevheniia KRAVCHUK

Votes: 97 in favor 0 against 1 abstention

In the draft resolution, after paragraph 11.6.3, insert the following paragraph:

"recognise Russian political parties that have previously voted for illegal decisions encroaching on the sovereignty and territorial integrity of Ukraine, and other countries, as groups and entities that facilitate terrorism".

12Given the unprecedented gravity of the Russian Federation’s aggression as a threat to international peace and security, the rules-based international order, international law and the most basic values which are the foundation of the Council of Europe, the Assembly appeals to the Heads of State and Government of Council of Europe member States to gather in the fourth Summit in the history of the Organisation and put the issue of accountability of the Russian Federation, as well as support to Ukraine, high on the agenda of the Summit.

13Furthermore, while reiterating its previous recommendations addressed to the Russian Federation since the outbreak of its aggression against Ukraine, the Assembly calls on the Russian Federation to:

13.1cease its aggression against Ukraine immediately and unconditionally;

13.2completely and unconditionally withdraw its occupying forces, including its military and proxies, from the territory of Ukraine within its internationally recognised borders;

13.3withdraw its troops from the territory of Georgia and the Republic of Moldova;

13.4comply strictly with its obligations under international law, international human rights law and international humanitarian law, including with regard to the treatment of prisoners of war;

13.5immediately stop attacks against civilians, including indiscriminate attacks against populated areas, targeted killings and abductions, torture, rape and sexual violence, and investigate all allegations of such crimes;

13.6fully withdraw from all Ukraine’s nuclear facilities, stop and refrain from making them the target of any military activity and co-operate fully with the International Atomic Energy Agency to ensure their safety and security;

13.7stop threatening recourse to nuclear weapons and commit not to use them;

13.8stop using energy as a blackmail tool;

13.9stop supporting hacking attacks on democratic countries and their institutions;

13.10stop interfering with electoral processes and refrain from financing anti-European activities of extremist pro-Russian parties and movements in democratic countries;

13.11co-operate with the investigations and proceedings that have been established by the International Criminal Court and the International Court of Justice and comply with their decisions;

13.12co-operate with UN treaty bodies, submitting reports and information to them when required to do so, allowing country visits and complying with their recommendations;

13.13co-operate with the Commission of Inquiry on Ukraine and the Special Rapporteur on human rights in Russia, which have been set up by the Human Rights Council, and comply with their recommendations;

13.14comply with the recommendations set out by the Moscow Mechanism of the Organization for Security and Co-operation in Europe (OSCE), and laid down in the reports on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes Against Humanity Committed in Ukraine (1 April-25 June 2022) and on Russia’s Legal and Administrative Practice;

13.15co-operate with proceedings before the European Court of Human Rights, implement outstanding judgements and those which the Court will adopt for acts committed before 16 September 2022;

13.16adopt without delay effective general measures to address the structural and systemic problems identified by the European Court of Human Rights and the Committee of Ministers with regard to freedom of assembly, freedom of expression and the right to liberty in the Russian Federation, including by repealing or amending laws that have only exacerbated such problems, including the laws on “foreign agents”, “undesirable organisations”, “extremism” and “fake information on the Russian military”;

13.17co-operate with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), as long as the Russian Federation remains a Party to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126), and allow the monitoring of the reported political prisoners’ state of health and conditions of detention pending their release or re-examination of their cases.

14The Assembly asks the OSCE to continue to evaluate, through the Moscow Mechanism or other appropriate tools, the violations of international humanitarian and human rights law, war crimes and crimes against humanity committed in Ukraine; the human rights situation in the Russian Federation; and the Russian Federation's aggression against Georgia and the Republic of Moldova.

15In the light of the gravity of the international situation, the Assembly calls on international organisations to consider appropriate measures to avoid that the Russian regime uses staff of Russian nationality as a vehicle to support the Russian Federation's aggression against Ukraine, spread false information and Russian narratives about it and to influence these organisations' political decisions.

16As regards its own work, the Assembly should continue to follow developments relating to the Russian Federation’s aggression against Ukraine.