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Legal and human rights aspects of the Russian Federation’s aggression against Ukraine

Doc. 16193: compendium of written amendments | Doc. 16193 | 24/06/2025 | Revised version

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly reaffirms its unwavering support for Ukraine and its people and its commitment to the independence, sovereignty, unity and territorial integrity of Ukraine within its internationally recognised borders, including Crimea and all the other Ukrainian territories temporarily occupied by the Russian Federation since 2014 and beyond. It reiterates its strongest condemnation of the illegal, unprovoked and unjustified war of aggression of the Russian Federation against Ukraine and the wide array of atrocities, violations of human rights and international humanitarian law committed by Russian authorities, including the continued indiscriminate attacks on civilians, residential areas and civilian infrastructure; enforced disappearances and deportations; unlawful detentions and the use of torture; extrajudicial executions of prisoners of war; rape and other forms of sexual violence; the deportation and forced transfer of Ukrainian children; and the destruction of the Ukrainian cultural and religious heritage.

In the draft resolution, paragraph 1, second sentence, replace the words "forced transfer" with the following words:

"forcible transfer"

Explanatory note

To align with the terminology used in international humanitarian law (e.g. Geneva Conventions, ICC Rome Statute)

2The Assembly notes that under the administration of President Donald Trump, the United States of America has significantly shifted its foreign policy, particularly in its relations with Ukraine and the Russian Federation, including its position on the legal and political characterisation of the Russian war of aggression. The United States, alongside the Russian Federation and the latter’s allies, voted against a United Nations General Assembly Resolution of 24 February 2025 condemning the aggression and calling for a comprehensive, just and lasting peace and the need to ensure accountability. The Assembly deeply regrets this position. It is also concerned about the growing disengagement of the new US administration from efforts towards accountability for Ukraine, as evidenced by its withdrawal from the Core Group on the Establishment of a Special Tribunal for the Crime of Aggression against Ukraine and the International Centre for the Prosecution of the Crime of Aggression against Ukraine based in The Hague. It further notes with concern that the reduction of US foreign aid by the new administration has resulted in the suspension of several critically important justice and accountability projects related to Ukraine, including those concerning co-operation with the Ukrainian prosecuting authorities.

In the draft resolution, paragraph 2, first sentence, replace the words "legal and political characterisation" with the following words:

"legal and political assessment."

Explanatory note

For clarity and precision

In the draft resolution, at the end of paragraph 2, insert the following sentence:

"The Assembly is also deeply concerned about sanctions imposed by the United States on the International Criminal Court, as they significantly hinder the prosecution of international crimes, including those committed in Ukraine as a result of the Russian aggression."

Explanatory note

Self-explanatory

3This shift has happened in the context of the bilateral talks that the United States has held with both the Russian Federation and Ukraine, aimed at achieving a permanent ceasefire in Ukraine and the launch of peace negotiations. While the Assembly welcomes the United States’ commitment in this process to help achieve the exchange of prisoners of war, the release of civilian detainees and the return of forcibly transferred Ukrainian children, it notes that Ukraine’s proposal for a renewable and unconditional 30-day ceasefire, supported by the United States, was not accepted by the Russian Federation, which continues to conduct missile, guided bomb and drone attacks against Ukrainian residential areas and civilian infrastructure almost every day. In March alone, at least 164 Ukrainian civilians were killed and 910 injured by Russian attacks – a 50% rise from February figures.

In the draft resolution, at the end of paragraph 3, insert the following sentence:

"From January to May, a total of 664 Ukrainian civilians were killed and 3 425 were injured."

4The Assembly notes with utmost concern that certain US representatives have suggested that the Russian Federation’s unlawful seizure of Ukrainian territories through its war of aggression should be accepted and de jure recognised as part of a future peace agreement. In this context and in light of the rapidly evolving situation, the Assembly declares that certain fundamental principles of international law must not and cannot be set aside or undermined in any ongoing or future negotiations. It refers to all its previous resolutions addressing the legal and political consequences of the Russian full-scale aggression against Ukraine and recalls that all States are under the obligation to respect international law. The inviolability of borders and the non-recognition of territorial acquisitions resulting from the use of force are core tenets of international law and the foundations of the rules-based international order. These principles are enshrined in the Charter of the United Nations, the Helsinki Final Act of 1975, the Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations (United Nations General Assembly Resolution 2625, 1970) and numerous other international instruments. The pursuit of peace must be and can only be based on justice and international co-operation, in line with the Preamble to the Statute of the Council of Europe (ETS No. 1). The Assembly therefore categorically reaffirms the following undisputable legal and human rights considerations related to the Russian war of aggression and calls on all member and observer States as well as relevant European institutions and international partners to ensure that any peace talks or negotiations respect them:
4.1the Russian Federation war against Ukraine constitutes an act of aggression in violation of Article 2(4) of the Charter of the United Nations;
4.2Belarus has allowed the Russian Federation to use its territory to perpetrate an act of aggression against Ukraine, which amounts in itself to an act of aggression;
4.3North Korea has deployed troops to fight alongside Russian forces against Ukraine, therefore participating in the act of aggression against Ukraine;
4.4Ukraine is exercising its inherent right to self-defence in accordance with Article 51 of the Charter of the United Nations;
4.5the political and military leadership of the Russian Federation, Belarus and North Korea have committed and continue to a crime of aggression against Ukraine, which entails individual criminal responsibility for the leaders concerned irrespective of their official position, including Heads of State and Government;

In the draft resolution, paragraph 4.5, replace the words "continue to a crime of aggression against Ukraine” with the following words:

"continue to be complicit in the crime of aggression against Ukraine"

Explanatory note

Ensuring grammatical and legal accuracy

4.6the illegal annexation of Crimea and other Ukrainian territories temporarily occupied by the Russian Federation as a result of the aggression since 2014 is a serious breach of jus cogens norms and as such cannot be recognised. In fact, such a recognition in itself, and any coercion of Ukraine to recognise these annexations would be a violation of international law;

In the draft resolution, at the end of paragraph 4.6, insert the following sentence:

"and will lead to a further deterioration in the protection of human rights and fundamental freedoms, especially given that, as recalled in the Assembly Opinion 300 (2022), victims of Russian violations of international law still have no access to effective remedies within the national legal framework of the Russian Federation"

Explanatory note

Self-explanatory

In the draft resolution, after paragraph 4.6, insert the following paragraph:

"in violation of international humanitarian law, the Russian Federation continues the colonisation of the occupied territories by encouraging hundreds of thousands of its own citizens to participate in it, including through federal programs such as "Zemsky Teacher," "Zemsky Doctor," and "Zemsky Cultural Worker." These initiatives are part of the aggressor State’s policy aimed at the forcible change of the demographic composition of the population and significantly complicate processes of de-occupation and the restoration of peace. Such actions represent a violation of the international obligations of the Russian Federation and a separate war crime, and should have legal consequences."

24 June 2025

Tabled by the Committee on Legal Affairs and Human Rights

Votes: 78 in favor 0 against 3 abstentions

In amendment 18, replace the words ", including through federal programs such as "Zemsky Teacher," "Zemsky Doctor," and "Zemsky Cultural Worker"" with the following words:

"and to relocate to occupied territories through federal programmes"

4.7the multiple and continued attacks and atrocities committed by Russian forces, its allies and proxies against Ukraine and its people amount to war crimes, including grave breaches of the Geneva Conventions and international humanitarian law, as well as crimes against humanity when perpetrated as part of a widespread and systematic attack against the civilian population, for which individual perpetrators must be held accountable;
4.8the Russian Federation is committing some of the acts that constitute an element of genocide under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and its rhetoric justifying the war of aggression reveals a genocidal intent to destroy the Ukrainian nation;

In the draft resolution, paragraph 4.8, after the words "the Ukrainian nation", insert the following words:

"as such"

Explanatory note

In accordance with the language of the Genocide Convention (1948)

In the draft resolution, at the end of paragraph 4.8, insert the following sentence:

"The Assembly urges the Independent International Commission of Inquiry and the International Criminal Court (ICC) to further examine these patterns with a view to possible prosecutions under the Convention on the Prevention and Punishment of the Crime of Genocide."

4.9none of these crimes can be subject to any form of amnesty or any statute of limitations under international law;
4.10the International Criminal Court (ICC) has full jurisdiction to investigate and prosecute war crimes, crimes against humanity and genocide committed on Ukrainian territory by Russian forces, its allies and proxies, and States Parties to the ICC Statute have an unconditional obligation to co-operate with the ICC in the context of these proceedings, including by enforcing any arrest warrants issued against Russian or other suspects;
4.11the Russian Federation has committed multiple and grave violations of the European Convention on Human Rights (ETS No. 5) in Ukraine since the occupation and annexation of Crimea in 2014 and in the context of the full-scale aggression until 16 September 2022, when it ceased to be a Party to the Convention. Russia has a continuing and unconditional obligation to implement the judgments of the European Court of Human Rights finding these violations, including by adopting the required general measures and paying just satisfaction;

In the draft resolution, paragraph 4.11, replace the words after "full-scale aggression" with the following words:

". Referring to the Decision of the Committee of Ministers of the Council of Europe (CM/Del/Dec(2025)1521/H46-29), the Assembly stresses that although the Russian Federation ceased to be a High Contracting Party to the European Convention on Human Rights on 16 September 2022, it remains bound by its obligations under the Convention, including the duty to implement judgments of the European Court of Human Rights, particularly the judgment in the case of Ukraine v. Russia (re Crimea). The Assembly urges the Russian authorities to immediately implement all measures specified by the Committee of Ministers that are related to the administrative practice of torture, enforced disappearances, unlawful transfer of civilians, large-scale expropriation of property and other numerous violations resulting from the occupation of Crimea by the Russian Federation."

Explanatory note

Updated with reference to Committee of Ministers

4.12the Russian Federation has breached many other treaties under international human rights law, including the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the United Nations Convention on the Rights of the Child;

24 June 2025

Tabled by Ms Sophia CHIKIROU, Ms Gabrielle CATHALA, Mr Emmanuel FERNANDES, Ms Laura CASTEL, Mr George LOUCAIDES

Votes: 82 in favor 0 against 1 abstention

In the draft resolution, after paragraph 4.12, insert the following paragraph:

"The Russian Federation has also been condemned by the European Court of Human Rights for acts of torture and inhuman treatment committed against its own citizens, particularly internal dissenters such as Azat Miftakhov, for exemple in the case Kozayev and Others v. Russia of 14 September 2023."

Explanatory note

This amendment seeks to recall that the Russian authorities also repress their internal opponents and have been sanctioned accordingly, including by rulings of the European Court of Human Rights (e.g., the case Kozayev and Others v. Russia of 14 September 2023).

24 June 2025

Tabled by the Committee on Legal Affairs and Human Rights

Votes: 73 in favor 6 against 3 abstentions

In amendment number 28, replace the words "particularly internal dissenters such as Azat Miftakhov, for exemple in the case Kozayev and Others v. Russia of 14 September 2023" with the following words:

"who challenge the war of aggression of the Russian Federation in Ukraine"

4.13the Russian Federation must bear the legal consequences of all of its internationally wrongful acts committed in and against Ukraine, including by making reparation for all the damage caused by such acts to Ukraine and its people, as recognised in the United Nations General Assembly Resolution A/RES/ES-11/5 of 14 November 2022 and in accordance with the principles of State responsibility;
4.14the repurposing of the frozen Russian State assets, in Council of Europe member States and non-member States, would constitute lawful countermeasures against the Russian Federation, as they would be intended to induce the aggressor to cease its unlawful behaviour and to fulfil its obligation to make reparations;
4.15according to international democratic standards, elections cannot be held under martial law and President Zelenskyy is the legitimate President of Ukraine until elections can lawfully be held.

In the draft resolution, delete paragraph 4.15.

Explanatory note

This deletion prevents martial law in Ukraine from being presented as an acceptable guarantee of democratic stability. Under martial law, fundamental freedoms are suspended (ban on demonstrations, absence of regular elections, etc.).

5The Assembly strongly supports the position of the Council of Europe Commissioner for Human Rights to make human rights the guiding principle for all current and future peace efforts. His human rights roadmap for a just, lasting and effective peace for Ukraine encompasses accountability, including the establishment of a special tribunal for the crime of aggression against Ukraine, reparation and redress for victims, the release of prisoners of war and civilian detainees, the return of Ukrainian children and the tracing of missing persons, the protection of people in temporarily occupied territories and reconstruction, among others.

In the draft resolution, before paragraph 5, insert the following paragraph:

"The Assembly notes that internationally recognised borders constitute an essential element of the rules-based international order. Since 2014, numerous individuals – both citizens of the Russian Federation and of other States – have unlawfully crossed Ukraine’s State borders, including through unauthorised visits to temporarily occupied territories such as Crimea, Mariupol, Donetsk, and Luhansk. Among such citizens are pro-Kremlin celebrities such as Russian producer Valeriy Prigozhin and singer Valeriya, American actor Steven Seagal, and others. Such actions represent a violation of Ukraine’s sovereignty and territorial integrity and should have legal consequences."

Explanatory note

Unauthorised visits to temporarily occupied Ukrainian territories constitute violations of Ukraine’s sovereignty and international law, and should lead to legal or sanctions-based consequences.

24 June 2025

Tabled by the Committee on Legal Affairs and Human Rights

Votes: 86 in favor 4 against 1 abstention

In amendment 2, replace the words "represent a violation of Ukraine’s sovereignty and territorial integrity and" with the following words:

"in support of the Russian war of aggression"

In the draft resolution, before paragraph 5, insert the following paragraph:

"The Assembly expresses its concern about the prolonged application of martial law in Ukraine and its consequences for civil society and democratic life. It emphasises that institutional stability cannot be guaranteed through a permanent state of emergency. In this regard, it deplores the lack of independence of the judiciary and the mass arrests carried out under Article 111-1 of the Ukrainian Criminal Code."

Explanatory note

This amendment proposes wording that affirms a principled stance consistent with the values of the Council of Europe: even in wartime, fundamental rights cannot be indefinitely suspended. Too many violations of democratic, judicial, and human rights have been observed under Ukrainian martial law.

In the draft resolution, before paragraph 5, insert the following paragraph:

"The Assembly expresses its concern over the Russian “shadow fleet”, which enables the circumvention of international sanctions and generates billions of dollars in illicit revenue for the Russian Federation through opaque oil exports. Estimates suggest that the Russian Federation earns 10 to 12 billion dollars per month from oil exports by its “shadow fleet”."

Explanatory note

Self-explanatory

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

"The Assembly also recalls the constitutional role of the Ukrainian National Human Rights Institution (NHRI), in monitoring, documenting, and advocating for redress for gross human rights violations. Its effective involvement in peace and accountability processes is essential to ensuring a victim-centred and human rights-compliant approach."

6In this context, the Assembly refers to its Resolution 2598 (2025) “Russian war of aggression against Ukraine: the need to ensure accountability and avoid impunity” (paragraphs 9 and 10) and welcomes the adoption by the Core Group participants of the Lviv statement of 9 May 2025, expressing political support for the draft legal texts for the establishment of the special tribunal for the crime of aggression against Ukraine within the framework of the Council of Europe. This step will pave the way for the Committee of Ministers of the Council of Europe to adopt in due course the necessary decisions for the setting up of the Tribunal. While noting that a compromise may have had to be reached on certain issues such as personal immunities, which may fall short of the Assembly’s own demands and existing rules of international law, the Assembly hopes that the final Statute will enable the special tribunal to effectively investigate, prosecute and punish those who bear the responsibility for the crime of aggression. The special tribunal is an essential part of a comprehensive system of accountability for Ukraine and for the international legal order, which will fill an existing gap and deter future aggressions by the same or other aggressive regimes.
7The Assembly underlines that any future peace negotiations aimed at ending the Russian Federation’s aggression against Ukraine must include a comprehensive and just system of reparations for the damage caused. Redress for victims is essential for lasting peace and reconciliation. In this context, the Assembly highlights the critical role of the Register of Damage for Ukraine, established under the auspices of the Council of Europe, as the first operational element of an international compensation mechanism. The Register represents a vital step in documenting the damage, loss and injury resulting from the aggression and in laying the groundwork for a future claims process. In line with its previous resolutions, it considers that the Register of Damage and the comprehensive compensation mechanism should cover claims relating to the damage caused since February 2014 and not only from 24 February 2022.

In the draft resolution, at the end of paragraph 7, insert the following sentence:

"Discussions on mechanisms for contributing to a future compensation fund must be intensified, taking into account the potential of repurposing Russian frozen assets."

Explanatory note

Self-explanatory

8Recalling its previous Resolution 2573 (2024), the Assembly is appalled by the numerous findings of international mechanisms and independent media investigations, which continue to provide evidence of the systematic use of torture against Ukrainian prisoners of war and detained civilians held in the Russian Federation or in the temporarily occupied territories of Ukraine. It takes note of the March 2025 report of the United Nations Independent International Commission of Inquiry on Ukraine, which concluded that enforced disappearances and torture have been conducted by Russian authorities as part of a widespread and systematic attack against the civilian population and pursuant to a co-ordinated State policy, therefore amounting to crimes against humanity. The report found that the most brutal forms of torture were used during interrogations, including severe beatings, electric shocks, burns, strangling, suffocation, hanging, rape and other forms of sexual violence. A recent media investigation by Forbidden Stories has also shed light on the prison system established by the Russian Federation for Ukrainian civilian detainees, revealing that torture and ill-treatment are systematic in at least 26 detention centres.

24 June 2025

Tabled by Ms Sophia CHIKIROU, Mr Emmanuel FERNANDES, Ms Gabrielle CATHALA, Ms Laura CASTEL, Mr George LOUCAIDES

Votes: 90 in favor 0 against 0 abstention

In the draft resolution, after paragraph 8, insert the following paragraph:

"The Assembly expresses solidarity with Russian citizens facing repression for denouncing the war against Ukraine. It demands the immediate release of all political prisoners imprisoned in the Russian Federation due to their opposition to this war."

Explanatory note

While the resolution addresses crimes committed by Russia in Ukraine, it is crucial not to overlook the human rights violations perpetrated by the Russian regime against its own population opposing the war.The Assembly has a duty to support these Russian prisoners of conscience.

9According to the figures of the Ukrainian authorities, 4 552 persons have been released from Russian captivity since 24 February 2022, including 173 Ukrainian civilians. 186 locations where Ukrainian civilians and prisoners of war are detained, both in the Russian Federation and in the occupied territories, have been identified. The current number of missing persons, including both prisoners of war and civilians, is estimated by the Ukrainian Ministry of Internal Affairs at 74 000. At the same time, the International Committee of the Red Cross (ICRC) has documented around 50 000 cases of missing persons, without distinguishing by nationality. It has visited more than 3 000 prisoners of war in captivity on both sides, but specific figures for civilian detainee visits are not available. While the exact number of Ukrainian civilians held in captivity by the Russian Federation is difficult to determine, the Assembly considers that the practice of detention of Ukrainian civilians by the Russian Federation without any legal grounds is per se unlawful, arbitrary, in violation of international humanitarian law and amounts to war crimes and crimes against humanity. It therefore urges the Russian Federation to immediately and unconditionally release all unlawfully detained Ukrainian civilians. In the meantime, the ICRC should have immediate, safe and unimpeded access to all facilities where Ukrainian civilians are being detained, both in the temporarily occupied territories and in the Russian Federation, in line with Article 143 of the Fourth Geneva Convention (GCIV).

In the draft resolution, paragraph 9, replace the first sentence with the following sentence:

"According to the figures from the Ukrainian authorities, 5 757 individuals have been returned from Russian captivity since 24 February 2022, including 294 Ukrainian civilians."

In the draft resolution, at the end of paragraph 9, insert the following sentence:

"The Assembly supports the establishment of an international civilian protection mechanism involving the Ukrainian National Human Rights Institution (NHRI) and other relevant institutions, tasked with monitoring and publicly reporting on the treatment of civilians in occupied territories and places of detention."

10The Assembly has repeatedly condemned the deportation of Ukrainian children to the Russian Federation and Belarus, and the forcible transfer of Ukrainian children to the Ukrainian territories temporarily occupied by the Russian Federation. These practices violate international humanitarian law (Geneva Convention IV and Additional Protocol I) and the United Nations Convention on the Rights of the Child, and constitute war crimes, crimes against humanity and an element of the crime of genocide. According to the “Children of War” platform run by the Ukrainian Government, as of May 2025, 19 546 children had been deported or forcibly transferred, and only 1 293 have returned. A recent report by the Yale School of Public Health Humanitarian Research Lab of the showed how Russian Federation-flagged military transport planes under the direct control of Vladimir Putin’s office transported groups of children from the occupied Donetsk and Luhansk oblasts and how Russian-controlled databases obfuscated these children’s identities, including their nationality, in order to facilitate their placement and to conceal the government’s program of coerced adoption and fostering. The operation was initiated by Vladimir Putin and his subordinates with the intention of “russifying” children from Ukraine. The Assembly believes that any future peace negotiations should address the situation and define the conditions for the return and reintegration of Ukrainian children, in accordance with the principle of the best interests of the child.

In the draft resolution, paragraph 10, replace the third sentence with the following sentence:

"According to information from the Ukrainian Government, as of May 2025, 19 546 children had been deported or forcibly transferred, and only 1 366 have been returned. "

Explanatory note

Updated the number of returned children (according to the information from the Bring Kids Back initiative). Noted that the return of children must be unconditional. Mentioned the role of Belarus. Expanded on militarization programs.

In the draft resolution, paragraph 10, third sentence, replace the words "only 1 293" with the following words:

"only 1 324"

In the draft resolution, paragraph 10, replace the last sentence with the following sentences:

"On 10 June, during a meeting of the Security Council of the Russian Federation, Vladimir Putin announced the implementation of numerous educational programs based on so-called traditional values, including the fulfilment of military duty — a policy that, among other consequences, contributes to the militarisation of Ukrainian children in the occupied territories. The Assembly further notes that according to credible sources, as of 14 August 2024, at least 3 500 Ukrainian children from Russian-occupied territories of Ukraine had been forcibly transferred through or into Belarus, where these children were subjected to a Russian political, military, and religious indoctrination program. This transfer was carried out under a direct order from Alexander Lukashenko. The Assembly believes that any future peace negotiations should address this situation and calls for the immediate and unconditional return and reintegration of Ukrainian children, in accordance with the principle of the best interests of the child."

In the draft resolution, at the end of paragraph 10, insert the following sentence:

"The Assembly underscores the critical role of the Ukrainian National Human Rights Institution (NHRI) as the independent children’s rights protection institution, in ensuring the identification, safe return, legal protection, and reintegration of deported or forcibly transferred Ukrainian children."

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

"The Assembly is gravely alarmed by the Russian Federation’s policy of ethnic cleansing in the temporarily occupied territories of Ukraine, carried out through forced displacement, deportation, and violent assimilation. Presidential Decree No. 159 of 20 March 2025 obliges Ukrainian citizens in these areas to accept Russian citizenship by 10 September 2025 or face expulsion, effectively offering no choice but assimilation or deportation. Such measures violate the Fourth Geneva Convention, the Rome Statute of the International Criminal Court, and the UN Convention on the Prevention and Punishment of the Crime of Genocide. Acts such as banning the Ukrainian language in schools, imposing Russian curricula, and systematically erasing Ukrainian cultural identity have been extensively documented by the United Nations and amount to crimes under international law. In view of the Russian Federation’s consistent disregard for its obligations as an occupying power, the Assembly calls for the immediate establishment of an independent international monitoring mission, preferably under the auspices of the United Nations, to observe and report on the human rights situation in the occupied territories of Ukraine. This mission must be empowered to prevent further violations, document evidence, and support efforts to ensure accountability for those responsible."

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

"The Assembly strongly condemns the militarisation and political indoctrination of Ukrainian children in territories temporarily occupied by the Russian Federation, recognising these acts are severe violations of the rights of the child and a form of attack against education, both in content and in quality, as well as against childhood itself. Such actions include the systematic introduction of military ideology into education, forced participation in military-patriotic organizations, rewriting educational programs to align with the occupying State’s political and military agendas, and discrimination against children and educators based on political beliefs. The Assembly urges immediate cessation of these practices and calls for their documentation and monitoring by relevant international bodies, including the Special Rapporteur on the Right to Education and the Office of the Special Representative of the UN Secretary-General for Children and Armed Conflict. The Assembly further encourages the International Criminal Court to initiate proceedings under the Rome Statute to prosecute these multiple violations as war crimes and crimes against humanity, and call on the States that are Parties to the Rome Statute which are parties to actively support programs focused on psychosocial rehabilitation and reintegration of the affected children, as well as educational initiatives promoting peace, tolerance, and critical thinking to counteract indoctrination efforts."

Explanatory note

Self-explanatory

11The Assembly expresses its deep concern at the support provided by Iran and China to the Russian Federation. Iran has supplied the Russian Federation with ballistic missiles and drones, many of which have been used in indiscriminate attacks against civilian objects in Ukraine, in what can be described as complicity in the Russian Federation’s violations of international law. Ukrainian authorities have confirmed the detention of Chinese nationals fighting alongside Russian forces, allegedly as irregular combatants. In addition, Chinese companies have reportedly assisted the Russian Federation’s military drone production by providing access to restricted components and helping to circumvent international sanctions.
12In light of these considerations, the Assembly:
12.1urges the Core Group participants and all member States to move towards the establishment of the special tribunal for the Crime of Aggression against Ukraine without delay, by adopting the necessary decisions to finalise the legal instruments for the establishment of the special tribunal, irrespective of the progress of any peace negotiations;
12.2calls on other States, in particular observer States and States whose parliament enjoys observer or partner for democracy status with the Assembly, to join the future enlarged partial agreement and support the special tribunal;
12.3calls on all member States, observer States and other States to support and contribute to the work of the Register of Damage for Ukraine, as well as to the ongoing work to establish a Claims Commission for Ukraine and a compensation fund for Ukraine, and to ensure that reparations remain a core component of any peace settlement;
12.4calls on all member States, European institutions and international partners to increase their assistance to the Office of the Prosecutor General of Ukraine and existing international accountability mechanisms, as well as civil society projects working on Ukraine, to compensate the negative impact of the US aid freeze;
12.5invites the ICC and its Office of the Prosecutor to consider adding new charges, including crimes against humanity and genocide, in connection with the unlawful detention, enforced disappearance and torture of Ukrainian civilian detainees and with the deportation and forcible transfer of Ukrainian children, as part of the investigation into the situation in Ukraine;

In the draft resolution, replace paragraph 12.5 with the following paragraph:

"invites the ICC to consider adding new charges, including crimes against humanity and genocide, in connection with the unlawful detention, enforced disappearance and torture of Ukrainian civilian detainees and with the deportation and forcible transfer and re-education of Ukrainian children, as part of the investigation into the situation in Ukraine, as well as invites States that are Parties to the Rome Statute of the International Criminal Court to strengthen political, legal and material support for the Court, in particular regarding bolstering the Office of the Prosecutor of the ICC in Kyiv;"

Explanatory note

The work of investigators and prosecutors should be safeguarded from political interference This reflects the understanding that only the Court and its organs possess the mandate and competence to set investigative priorities, to take decisions regarding the issuance of the relevant arrest warrants

In the draft resolution, after paragraph 12.5, insert the following paragraph:

"Calls on member States and observer States to refrain from suspending or impeding processes of international accountability relating to crimes committed in the context of the aggression against Ukraine, including through the United Nations Security Council".

12.6calls on member States, observer States and other States whose legislation provides for universal jurisdiction to investigate and prosecute war crimes, crimes against humanity and genocide committed in the context of the ongoing war of aggression, including crimes related to the enforced disappearance and torture of Ukrainian civilian detainees and the deportation and forcible transfer of Ukrainian children, and encourages those States that do not provide for universal jurisdiction to introduce such a possibility into their legislation;

In the draft resolution, paragraph 12.6, replace the words "and forcible transfer" with the following words:

"forcible transfer and re-education"

Explanatory note

Self-explanatory

12.7urges the Russian Federation to ensure compliance with its obligations under international law, including international humanitarian law, and immediately cease the practice of enforced disappearances, unlawful detention of Ukrainian civilians, systematic use of torture against civilians and prisoners of war, deportation and forcible transfer of Ukrainian children, to provide complete information concerning prisoners of war, Ukrainian civilians and children under its control, and to ensure the immediate, safe and unimpeded access for the ICRC to all places of detention where prisoners of war and Ukrainian civilians are being held;

In the draft resolution, paragraph 12.7, after the words "including international humanitarian law,", insert the following words:

"in consultation with the Ukrainian National Human Rights Institution (NHRI) and other national mechanisms for the prevention of torture, who must be granted secure access to relevant information and facilities"

12.8calls on member States, observer States, the European Union and international partners to provide all necessary assistance to Ukraine in its efforts to locate and secure the return of prisoners of war, unlawfully detained Ukrainian civilians and Ukrainian children, and to increase pressure on the Russian Federation to comply with its above-mentioned international obligations, including through increased sanctions and in the context of any peace talks or negotiations.

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"invites relevant international accountability mechanisms to establish a standing consultation mechanism with the National Human Rights Institution (NHRI) to ensure continued victim-focused input into all stages of the international accountability and peace processes."

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"urges member States and international partners to enhance maritime transparency, tighten flag State controls, increase insurance oversight, and implement ship-to-ship transfer tracking mechanisms to ensure that the Russian Federation does not benefit from its shadow fleet."

Explanatory note

Self-explanatory

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"calls on member and observer States to impose appropriate sanctions or legal consequences on individuals who have entered the temporarily occupied territories of Ukraine in violation of Ukrainian law and international norms."

Explanatory note

Self-explanatory

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"calls on member States as well as observer States and States whose parliaments enjoy observer or partner for democracy status with the Assembly to ensure that sanctions regimes comprehensively target the full chain of responsibility for international crimes committed against Ukrainian children by including all individuals and institutions—recorded by Ukrainian and partner States’ law-enforcement agencies—that are directly or indirectly involved in the deportation, forcible transfer, unjustified delay in repatriation, unlawful adoption or guardianship, as well as the re-education, indoctrination, and militarisation of these children. Such regimes must be consistently applied, regularly reviewed, and co-ordinated across jurisdictions to prevent enforcement gaps and circumvention. The Assembly encourages member States to harmonise efforts, including through the establishment of a mechanism for countering crimes against Ukrainian children."

Explanatory note

self-explanatory

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"calls on member States to support all existing and past initiatives aimed at documenting, investigating, and legally classifying international crimes committed in Ukraine by representatives of the Russian Federation — including the UN Independent International Commission of Inquiry in Ukraine and the OSCE Moscow Mechanism — by ensuring regular follow-up, promoting periodic assessments, and facilitating the implementation of their recommendations."

Explanatory note

Self-explanatory

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"supports the "People First" international civic initiative which advocates for the release of all individuals detained in connection with the war of aggression in Ukraine, and deported Ukrainian children. It considers this humanitarian approach, involving Ukrainian and Russian civil societies, as a valuable approach to peace-building which complements those that are solely judicial or punitive in nature."

Explanatory note

The People First initiative promotes the unconditional release of all war captives. By explicitly endorsing this initiative, the Assembly encourages a humanitarian approach focused on conflict victims, beyond punitive logic alone.

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"calls on member and observer States to impose appropriate sanctions or other countermeasures on the Russian officials who encourage the colonisation of the occupied territories of Ukraine, and to ensure that those responsible are held individually criminally accountable for this war crime."

Explanatory note

Self-explanatory

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"calls on member States as well as observer States and States whose parliaments enjoy observer or partner for democracy status with the Assembly, and their diplomatic services, as well as on the entire international community acting in good faith, to impose additional sanctions and ensure continued compliance with existing sanctions against the Russian Federation, the Republic of Belarus, North Korea and other States involved in brutal violations of international law, as well as to include in the sanctions lists individuals involved in the commission of international crimes in Ukraine. The sanctions regime must remain in place until the Russian Federation fulfils its obligations to cease its internationally wrongful acts and to remedy their consequences, including by executing the judgment of the European Court of Human Rights in the case of Ukraine v. Russia (re Crimea)."

Explanatory note

Self-explanatory