Political consequences of the Russian Federation's war of aggression against Ukraine

Doc. 15797: compendium of written amendments | Doc. 15797 | 21/06/2023 | Final version

Compendium index

Amendment 1 Amendment 2 Amendment 3 Amendment 5 Amendment 4 Amendment 8 Amendment 6 Amendment 7 Amendment 9

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1Seventeen months since launching the large-scale invasion, Putin’s regime persists in its brutal war of aggression against Ukraine. After the battle of Bakhmut (August 2022 – June 2023), which has been the longest in the war and has had a huge human cost, the Ukrainian counteroffensive is currently under way. As the Ukrainians advance and liberate areas of their territory illegally occupied by the Russian Federation, it is to be feared that new evidence of war crimes will emerge. The magnitude of the consequences of the destruction of the Kakhovka Dam, on 6 June 2023, will only be known in the coming weeks. This attack, aimed at delaying the Ukrainian counteroffensive, confirms the barbarism of Putin’s war machinery and constitutes a war crime and ecocide.

2Recalling its previous resolutions and recommendations on this matter, the Parliamentary Assembly reiterates its firm condemnation of the Russian Federation’s aggression against Ukraine as a violation of international law and an act of unprecedented gravity, in itself and because of its far-reaching political, geopolitical, legal, humanitarian, environmental and economic consequences, in Europe and beyond.

3By defending the sovereignty, independence and territorial integrity of their country, Ukrainians are protecting the values of the Council of Europe, and the basic principles enshrined in the Charter of the United Nations which are the foundations of the peaceful co-existence between States. One of the main political consequences of the Russian Federation’s war of aggression against Ukraine is that it has forged a renewed bond amongst democracies in support of Ukraine.

4The 4th Summit of Council of Europe Heads of State and Government, held in Reykjavik on 16-17 May 2023, is the expression of this unity around common values, of the resolve to support Ukraine for as long as it takes, and the willingness to ensure that the Russian Federation and its leaders are held to account for their crime of aggression and other manifold wrong-doings. The Assembly welcomes the strong stance taken by European political leaders in Reykjavik, supports the Summit’s Final Declaration and will participate in its follow up within its remit, competencies, and outreach.

5The Reykjavik’s Final Declaration sets the tone in unequivocal terms: for the Council of Europe and its member States, supporting Ukraine should be a political imperative. To turn this commitment into a reality, it is of the utmost importance to step up assistance to Ukraine, complete and give effective implementation to a comprehensive system of international accountability of the Russian Federation, tackle legal gaps and loopholes in the sanction system and isolate diplomatically the aggressor regime.

6For Council of Europe member States, supporting Ukraine is important not only as an issue of rule of law and international justice but also to protect democratic security and stability in Europe. Not only has the Russian Federation brought back to Europe a devastating war of aggression but it has also pushed the limits of what can be used as a weapon, from migrants to energy, from economic leverage to elite capture, from ecocide to kidnapping of Ukrainian children and other citizens and the Russian passportisation of Ukrainian citizens in temporarily occupied territories.

7The Russian Federation’s war against Ukraine has caused significant global consequences – first of all – food insecurity, extra high energy prices, poverty and hunger. The resources that we cannot invest to achieve the Sustainable Development Goals (SDGs) hinder global development. More than a half out of 17 goals are negatively impacted by the Russian Federation’s war. Because of the Russian Federation we will see regress in achieving the SDGs, including concerning climate.

8The reach of the hybrid war of the Russian Federation is global and is felt in all corners of Europe. The Republic of Moldova, Georgia, and the Western Balkans are subject to pronounced Russian-backed hybrid warfare methods that are designed to destabilise their democracies. The Assembly is alarmed by the extensive and unscrupulous use of disinformation, energy blackmail, economic levers, and disinformation by Russia to exacerbate existing tensions and fractures in democratic societies.

• Amendment 1

21 June 2023

Tabled by Mr Oleksii GONCHARENKO, Mr Normunds DZINTARS, Ms Ieva BRANTE, Mr Bob van PAREREN, Mr Arkadiusz MULARCZYK, Ms Katarzyna SÓJKA, Mr Oleksandr MEREZHKO, Mr Markus WIECHEL

In draft resolution, paragraph 8, third sentence, after the words "energy blackmail", add the following words:

", nuclear blackmail,"

Explanatory note

Russia has been using both energy and nuclear blackmail in its foreign policy.

9In addition, the aggression and the resulting new geopolitical context magnify security risks because of their impact on the functioning of multilateral mechanisms aimed at preventing and resolving conflicts, including those established under the auspices of the Organization for Security and Co-operation in Europe (OSCE).

10At the same time, hard security is a grave concern. The Russian leadership has brandished reckless threats of nuclear warfare and has increased the risk of nuclear accidents involving the Zaporizhzhia nuclear power plant, which is illegally under Russian control. The Assembly welcomes the visit of a delegation of the International Atomic Energy Agency (IAEA) to the site on 15 June 2023 and calls for its recommendations to be fully executed.

• Amendment 2

21 June 2023

Tabled by Mr Oleksii GONCHARENKO, Mr Normunds DZINTARS, Ms Ieva BRANTE, Mr Bob van PAREREN, Mr Arkadiusz MULARCZYK, Ms Katarzyna SÓJKA, Mr Oleksandr MEREZHKO, Mr Markus WIECHEL

In draft resolution, paragraph 10, after the second sentence, add the following sentence:

"The Russian Federation uses the occupation of the Zaporizhzhia nuclear power plant for blackmail purposes in contravention of the Convention on Nuclear Safety and the safeguards regime of the International Atomic Energy Agency (IAEA), of which Russia is a member."

Explanatory note

Self-explanatory

11The Assembly is deeply concerned by the deployment of Russian tactical nuclear weapons in Belarus, which started in May 2023, and by reports that the deployment of strategic weapons may be under consideration. Similarly, the Assembly deeply regrets the withdrawal of the Russian Federation from the Conventional Armed Forces in Europe (CFE) Treaty, a cornerstone of European security and stability and of conventional arms control architecture.

• Amendment 3

21 June 2023

Tabled by Mr Oleksii GONCHARENKO, Mr Normunds DZINTARS, Ms Ieva BRANTE, Mr Bob van PAREREN, Mr Arkadiusz MULARCZYK, Ms Katarzyna SÓJKA, Mr Oleksandr MEREZHKO, Mr Markus WIECHEL

In draft resolution, paragraph 11, after the first sentence, add the following sentence:

"As Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), both Russia and Belarus are in violation of their non-transfer and non-possession obligations, under Articles 1 and 2 of that treaty, respectively."

Explanatory note

Self-explanatory

12Europe can only be durably at peace if Russia becomes a democracy and loses its military potential to attack its neighbours. Thus, engagement and co-operation should be strengthened with Russian forces and civil society who aspire to a democratic change in Russia, who share the values of the Council of Europe, and who support the sovereignty, independence and territorial integrity of Ukraine. Similarly, the Belarusian democratic forces and their leader, Sviatlana Tsikhanouskaya, as well as other forces ready to rise up against Lukashenka’s regime in Belarus deserve the full support of the Council of Europe and its member States.

• Amendment 5
• Amendment 4

21 June 2023

Tabled by Mr Oleksii GONCHARENKO, Mr Normunds DZINTARS, Ms Ieva BRANTE, Mr Arkadiusz MULARCZYK, Ms Katarzyna SÓJKA, Mr Oleksandr MEREZHKO, Mr Markus WIECHEL, Ms Iwona ARENT

In draft resolution, paragraph 12, at the end of the second sentence, add the following words:

"as well as those advocating for the principle that Russia, as a State, provide full compensation to Ukraine once the war is over, and endorsing the idea that the Russian regime should face an international tribunal for its actions."

Explanatory note

Self-explanatory

21 June 2023

Tabled by Mr Oleksii GONCHARENKO, Mr Normunds DZINTARS, Ms Ieva BRANTE, Mr Bob van PAREREN, Mr Arkadiusz MULARCZYK, Ms Katarzyna SÓJKA, Mr Oleksandr MEREZHKO, Mr Markus WIECHEL

Votes: 30 in favor 39 against 13 abstentions

In the draft resolution, after paragraph 12, insert the following paragraph:

"In light of Russia’s imperial history, the Council of Europe should acknowledge the rights of ethnic minorities within Russia who have been subject to colonisation. It is crucial to effectively empower minority representatives, safeguard the right of these minorities to self-determination, and promote inclusive dialogue with their representatives in order to advance Russia’s democratic progress."

Explanatory note

Self-explanatory

13Since the last time the Assembly debated the war of aggression, a number of peace initiatives have been launched. In this regard, the Assembly reiterates its position laid down in its Resolution 2463 (2022) “Further escalation in the Russian Federation's aggression against Ukraine” that any peace talks can only take place on the conditions set by Ukraine. It highlights, in this regard, that the Reykjavik Declaration expresses full support for the principles for a just and lasting peace as outlined in President Zelenskyy’s Peace Formula.

14As the Reykjavik Declaration points out, there cannot be peace without accountability. The Assembly therefore welcomes the establishment of the Registry of Damage Caused by the Aggression of the Russian Federation Against Ukraine. It shall continue to pursue its efforts in view of the establishment of an international compensation mechanism and a Special Tribunal for the Crime of Aggression to prosecute the political and military leadership of the Russian Federation, as requested by the Assembly in several texts and most recently in Resolution 2482 (2023) “Legal and human rights aspects of the Russian Federation’s aggression against Ukraine”. The Assembly welcomes the launch of the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA).

15The Assembly points out that international accountability must extend to all private military companies, proxies and allies linked to the Russian Federation who are committing crimes and illegal acts on the territory of Ukraine, including the Wagner Group and the military forces of Ramzan Kadyrov. A Red Notice (Warrant) should be issued by Council of Europe member States against the leaders and members of these international terrorist groups.

16Supporting Ukraine also requires curtailing the Kremlin’s ability to finance its war of aggression. A large coalition of countries and the European Union have imposed an unprecedented range of diplomatic, financial and economic restrictive measures against the Russian Federation and should continue making joint efforts to increase sanction pressure and international isolation of the violating State. The existence of loopholes in the sanction system, however, and the development of various techniques of sanction avoidance by the Russian Federation and private companies – especially involving third countries – have considerably reduced its effectiveness. The Assembly believes that the international community should address this problem with resolve and without any further delay. The issue of Council of Europe member States helping Russia circumvent sanctions should be examined by the Assembly Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) in its work. In addition, helping Russia bypass sanctions should be a circumstance precluding future candidates to join the Council of Europe.

17The Assembly condemns the biased and misleading narratives being spread by the Russian Federation, and amplified by some countries, about the war of aggression and the restrictive measures introduced against Putin’s regime. The Assembly considers that Council of Europe member States should be proactive in countering this pervasive misinformation and disinformation.

18In light of the above considerations, as regards accountability, the Assembly:

18.1welcoming that 45 States and the European Union have already joined or indicated their intention to join the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine, invites the largest possible number of countries to join;

18.2calls on the countries represented in the Conference of Participants of the Register of Damage to clarify in the Register’s Rules on admissibility that the Register applies also to acts committed by private military groups, paramilitary groups and other military groups fighting for the Russian Federation, including the Wagner Group and Kadyrov’s forces;

18.3calls on member States and other States having custody of the Russian Federation’s assets to establish an international mechanism for compensation, making use of confiscated assets to pay for war damages to Ukraine without delay;

18.4calls on member States of the Core Group on the establishment of a Special Tribunal for the crime of aggression against Ukraine to accelerate their negotiations to set up a Special international criminal tribunal for the crime of aggression against Ukraine, and calls on additional States to join the Core Group;

18.5welcomes the launch of the International Centre for the Prosecution of the Crime of Aggression against Ukraine;

18.6invites parliaments of Council of Europe member States to designate the Wagner Group and Kadyrov’s Guard as terrorist organisations and to call for the full accountability of all those military and paramilitary groups who participate in the Kremlin’s aggression against Ukraine;

18.7supports the investigation of the situation in Ukraine by the International Criminal Court and calls on all States Parties to the Rome Statute to execute the arrest warrants issued by the Court; asks the Court to issue arrest warrants against the members and leaders of the above mentioned Wagner and Kadyrov Groups;

• Amendment 8

21 June 2023

Tabled by Ms Olena KHOMENKO, Mr Serhii SOBOLIEV, Ms Yuliia OVCHYNNYKOVA, Mr Sergiy VLASENKO, Ms Yevheniia KRAVCHUK, Ms Iryna KONSTANKEVYCH

In the draft resolution, after paragraph 18.7, insert the following paragraph:

"welcomes the adoption of the Ljubljana-Hague Convention on International Cooperation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and Other International Crimes and urges the Council of Europe member States to ratify it as soon as possible to deliver justice to the victims of those crimes;"

18.8supports the call to enable supply of additional capabilities, including by means of re-export, for the self-defence purposes of Ukraine.

19With a view to strengthening Europe’s democratic security and resilience against soft and hybrid security threats, the Assembly calls on Council of Europe member States to:

19.1enhance co-operation and political dialogue with countries and regions that are particularly exposed to the Russian Federation’s interference, bilaterally, through the Council of Europe and through the international platforms they belong to;

19.2redouble efforts to promote the further European integration of Ukraine, the Republic of Moldova, Georgia, Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, Serbia and Kosovo*;*Throughout this text, all reference to Kosovo, whether to the territory, institutions or population shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

• Amendment 6

21 June 2023

Tabled by Mr Oleksii GONCHARENKO, Ms Ieva BRANTE, Mr Bob van PAREREN, Mr Oleksandr MEREZHKO, Mr Markus WIECHEL, Ms Iwona ARENT

In the draft resolution, after paragraph 19.2, insert the following paragraph:

"enhance co-operation with the peoples of the North Caucasus, starting by establishing a dialogue with the government of the Chechen Republic of Ichkeria in exile;"

Explanatory note

Peoples of the North Caucasus have been subject to Russia's imperial policy and influence for decades, therefore, it is important to provide them with a chance to speak for themselves.

19.3step up international co-operation to fend off interference by the Russian Federation in their democratic processes and introduce a whole of society approach to building societal resilience against disinformation and misinformation;

19.4step up diplomatic efforts to isolate the Russian Federation and Belarus as its accomplice in the war of aggression against Ukraine internationally and deprive them of support;

19.5counter the false narratives about the war of aggression and the sanction system spread by the Russian Federation, its allies and partners;

19.6set up a platform to reflect on mechanisms for conflict prevention and resolution in Europe, taking into account the new geopolitical context.

20The Assembly also calls on Council of Europe member States that are NATO members to support the Ukrainian membership in NATO.

21As regards assistance to the reconstruction and democratic governance of Ukraine, the Assembly:

21.1calls on all member States of the Council of Europe Development Bank to rapidly subscribe to the capital increase, approved in 2022, to endow the Bank with the means to pursue its support to Ukraine and to neighbouring countries hosting Ukrainian refugees;

21.2calls on the widest number of countries and the European Union to contribute to the Action Plan for Ukraine “Resilience, Recovery and Reconstruction” 2023-2026 and make resources available to ensure the long-term democratic resilience of Ukraine.

22Also welcoming that the 11th package of sanctions to be adopted by the European Union aims at enhancing the effectiveness of the system of restrictive measures, the Assembly:

22.1calls on countries aspiring to join the European Union, including its own member States, to ensure strict alignment with decisions taken under the European Union Common Foreign and Security Policy;

22.2calls on European Union member States, in the course of such negotiations, to support robust deterrent measures and the introduction of secondary sanctions;

22.3invites the European Union to expand efforts to withhold financial assistance to those who support the Kremlin in its war of aggression. This should include also financial assistance which is provided to third countries, including in the context of partnership and co-operation agreements;

22.4calls on the parliaments of Council of Europe member States to withdraw from the pending ratification of free trade agreement (PDS) between the European Union and the Republic of Cuba;

22.5encourages Council of Europe member States to introduce full-scale political and economic sanctions against the Iranian regime;

22.6supports the sanctions against the Russian Federation introduced by the United States of America.

23Believing that an effective framework to address sanction avoidance should rest on the following elements, the Assembly calls on Council of Europe member and observer States and the European Union to take them into account:

• Amendment 7

21 June 2023

Tabled by Mr Oleksii GONCHARENKO, Mr Normunds DZINTARS, Mr Bob van PAREREN, Mr Erkin GADIRLI, Mr Domagoj HAJDUKOVIĆ, Ms Ieva BRANTE

Votes: 82 in favor 0 against 2 abstentions

In the draft resolution, before paragraph 23, insert the following paragraph:

"The anti-war movement in the Russian Federation calls on the member States who have passed "Magnitsky laws" and the European Union to add those responsible for the prosecution of Vladimir Kara-Murza to the list of persons subject to targeted sanctions."

Explanatory note

Self-explanatory

23.1creating strategic European economic autonomy from Russian oil and gas that are used for Russian imperialistic geopolitical purposes;

23.2introducing measures to reduce the resale of Russian oil and gas to Europe via third countries;

23.3expanding the list of individuals and entities targeted by the restrictive measures in the Russian Federation and third countries;

23.4identifying the major categories of entities and individuals which play a significant role in sanction avoidance, such as banks, insurance companies, financial advisers, financial institutions, transport and logistics companies, ports, and service companies;

23.5setting up effective mechanisms to monitor sanctions compliance, for instance a dedicated Task Force;

23.6introducing and implementing secondary sanctions, and monitoring compliance with them;

23.7setting up a public Register of companies and individuals working for Russian interests;

23.8setting up a public Register of companies and individuals involved in sanctions avoidance;

23.9introducing international guidelines for financial institutions to assess risks carefully for customers and transactions prone to sanction avoidance. These guidelines would require heightened scrutiny when dealing with individuals or entities operating in jurisdictions known for evading sanctions;

23.10strengthening co-operation and harmonising sanctions efforts amongst like-minded countries, in order to avoid loopholes;

23.11enforcing robust tracking and verification systems to prevent sanctioned goods and materials from entering global markets through indirect channels, including by conducting regular audits and collaborating with industry partners to ensure compliance throughout the supply chain;

23.12introducing significant financial penalties for sanction avoidance;

23.13introducing criminal liability for the deliberate assistance by individuals and groups of individuals for the purpose of evading sanctions;

23.14considering the establishment of a pan-European body with the authority to investigate and prosecute persons involved in sanctions avoidance. Such a body (Task Force), like the Register of the States and entities, banks and firms that are circumventing sanctions, should be established as soon as possible and it should work in parallel with the Register of Damage;

23.15introducing monetary incentives for whistle-blowers reporting specific details of sanction avoidance.

24As regards its own work, the Assembly:

24.1resolves to establish channels of dialogue and co-operation with Russian forces and civil society who aspire to a democratic change in Russia, who share Council of Europe values, and who support the sovereignty, independence and territorial integrity of Ukraine, including the Russian Action Committee;

24.2encourages further reflection on the issue of sanctions against the Russian Federation.

• Amendment 9

21 June 2023

Tabled by Ms Olena KHOMENKO, Mr Serhii SOBOLIEV, Mr Oleksii GONCHARENKO, Ms Yuliia OVCHYNNYKOVA, Mr Sergiy VLASENKO, Ms Yevheniia KRAVCHUK, Ms Iryna KONSTANKEVYCH

Votes: 79 in favor 0 against 2 abstentions

In the draft resolution, after paragraph 24.2, insert the following paragraph:

"reiterates its concern that the inability of the United Nations and its Security Council to counter the Russian aggression because of an abuse of the right to veto is an existential threat to the international rule-based order and the democratic security of Council of Europe member States. In this respect, the Assembly supports all efforts and discussions seeking to unblock the situation at the United Nations and enabling it to deliver on its mandate."