Russian war of aggression against Ukraine: the need to ensure accountability and avoid impunity
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 9 April 2025 (15th sitting) (see Doc. 16152, report of the Committee on Legal Affairs and Human Rights,
rapporteur: Mr Iulian Bulai). Text adopted
by the Assembly on 9 April 2025 (15th sitting).See
also Recommendation 2294
(2025).
1. More than eleven years after its
start, the illegal, unprovoked and unjustified war of aggression
of the Russian Federation against Ukraine continues to rage, causing
endless damage and suffering to Ukraine and its people. Many wrongful
acts committed by the Russian Federation, including the act of aggression
itself, the attempted annexation of Ukrainian territories and the
attempt to commit genocide against the Ukrainian nation – as evidenced, inter alia, by the deportation of
Ukrainian children, the systematic destruction of cultural identity and
the targeted mass killings of civilians – violate erga omnes obligations and peremptory
norms of general international law. Thus, these acts affect not
only Ukraine but the entire international community and entail a duty
for all States to co-operate in order to bring such serious breaches
of international law to an end and to avoid impunity. Failure to
ensure accountability for these acts would undermine the multilateral
order based on international law, creating the preconditions for
their repetition in the future, and would cause a serious threat to
the maintenance of international peace and security.
2. Recalling its previous
Resolutions
2436 (2022),
2482 (2023) and
2556 (2024), the
Parliamentary Assembly expresses its full support for all the existing
accountability mechanisms that address the consequences of the aggression:
the Ukrainian prosecuting and judicial authorities; the prosecuting
and judicial authorities of other States on the basis of universal
jurisdiction; the International Criminal Court (ICC); the European
Court of Human Rights; and other bodies such as the United Nations
Independent International Commission of Inquiry on Ukraine and the
International Centre for the Prosecution of the Crime of Aggression against
Ukraine.
3. The Council of Europe, with the Assembly as its driving force,
has worked tirelessly for the establishment of a more comprehensive
system of accountability and justice for Ukraine, including through
the creation of the Register of Damage Caused by the Aggression
of the Russian Federation against Ukraine (the Register) at the Reykjavik
Summit in 2023, the proposal for the establishment of a special
tribunal for the crime of aggression against Ukraine and the participation
in the consultations of the Core Group on the Establishment of a
Special Tribunal for the Crime of Aggression against Ukraine, actions
aimed at securing the return of Ukrainian children, including the
appointment of a Special Envoy of the Secretary General and, most
recently, participation in the negotiations on the setting-up of
an international claims commission.
4. During talks with the administration of the United States
of America in March 2025, Ukraine expressed readiness to accept
the US proposal to enact an immediate, interim thirty-day full ceasefire,
which can be extended by mutual agreement of the parties, and which
is subject to acceptance and concurrent implementation by the Russian
Federation. Ukraine accepted the US proposal without additional
conditions, and the Russian Federation should accept it without
additional conditions. In addition to addressing issues such as
a partial ceasefire on energy and critical infrastructure facilities
and safe navigation in the Black Sea, the agreement reached between
the United States and Ukraine from 23 to 25 March 2025 in Riyadh
reaffirmed the commitment to concrete humanitarian security measures
aimed at reducing harm to civilians and facilitating dialogue. While
Ukraine has demonstrated its good faith and readiness to uphold
these commitments, the Russian Federation has repeatedly violated
the agreed terms of partial ceasefire and continued its military attacks
against Ukraine, including missile strikes on civilian infrastructure,
which have resulted in civilian casualties, particularly in Kyiv,
Kharkiv and Kryvyi Rih, as well as other cities and regions, further
demonstrating its lack of willingness to engage in genuine peace
efforts. The Assembly welcomes the US commitment and considers that
any peace negotiations must unconditionally address the human dimension
of the war, including the release of unlawfully detained civilians
by the Russian Federation and mutual release and repatriation of all
prisoners of war, according to the formula “all for all”, as well
as the safe return and reintegration of children unlawfully deported
to the Russian Federation and Belarus or forcibly transferred to
the Ukrainian territories temporarily occupied by the Russian Federation.
5. The Assembly takes note of the ongoing negotiations between
Ukraine and the United States regarding a possible agreement on
mineral resources. It underlines the importance of ensuring that
any such agreement is consistent with Ukraine’s commitments to European
Union integration, particularly concerning economic sovereignty
and adherence to European Union competition and single market rules.
6. The Assembly underscores that the cessation of temporary protection
status for Ukrainians should be contingent upon the establishment
of a lasting, just and comprehensive peace in Ukraine. Premature termination
of this status based solely on a ceasefire or temporary truce may
expose Ukrainians to continued risks and instability. Therefore,
the Assembly urges member States to ensure that any modifications
to protection status are based on verifiable and lasting peace agreements,
thereby safeguarding the well-being and security of displaced Ukrainians.
7. The Assembly considers that the continuation or revival of
the Nord Stream 1 and 2 pipelines project is unacceptable. Such
actions would increase Europe’s dependence on Russian energy resources,
undermining the European Union’s energy security and contradicting
its strategic objective of diversifying energy supply sources. The
Assembly calls on all member States to oppose any efforts to resume
the project, emphasising the importance of unity and resilience
against energy-related geopolitical pressures.
8. The Assembly stresses that any possible future peace negotiations
must not compromise the commitment to hold the Russian Federation
and those responsible for its crimes and violations of international law
fully accountable. In line with
Resolution 2588 (2025) “European
commitment to a just and lasting peace in Ukraine”, the Assembly
considers that, in order to be lasting and comprehensive, peace
must be just and based on the principles of international law, including
respect for territorial integrity and sovereignty, and human rights.
Any final settlement must not result in impunity.
9. In this context, the Assembly welcomes the successful outcome
of the core group’s meeting in Strasbourg from 19 to 21 March 2025
and the finalisation of the necessary legal documents for the establishment
of the special tribunal for the crime of aggression against Ukraine
within the framework of the Council of Europe, after almost two
years of consultations. The agreed texts include a draft bilateral
agreement between Ukraine and the Council of Europe, the special
tribunal’s draft statute and a draft enlarged partial agreement
on the management of the special tribunal. The three documents have
now been submitted for political consideration in Ukraine and in
the States participating in the core group. Participation in the
enlarged partial agreement will be open to non-member States, therefore
ensuring cross-regional support and international legitimacy. The
Assembly considers that the model of the special tribunal envisaged
by the core group, with the participation of international judges
and the application of international law, contains features that
make it sufficiently international. By establishing such a tribunal,
the Council of Europe will not only support its member State, Ukraine,
in its efforts to ensure accountability, but will also uphold the
international legal order, on the premise that “the pursuit of peace
based upon justice and international co-operation is vital for the
preservation of human society and civilisation”, as recalled in
the preamble to its Statute (ETS No. 1).
10. The Assembly expresses its hope that the final texts on the
special tribunal will address some of its demands stated in previous
resolutions, including with regard to functional immunities, the
definition of the crime of aggression, trials
in
absentia, the right to a fair trial and co-operation
with the ICC. With regard to the temporal scope of its jurisdiction,
the Assembly refers to its
Resolutions
2482 (2023) and
2556 (2024) and reiterates
that the full-scale invasion launched on 24 February 2022 constitutes
a continuation of the war of aggression by the Russian Federation
against Ukraine that began on 20 February 2014. Any compromise reached
on other issues should be understood as not undermining the ability
of the special tribunal to effectively investigate and punish the
crime of aggression and should be without prejudice to the current
state and future development of international law. The Assembly
stresses that the special tribunal’s jurisdiction should extend
to the alleged crimes of aggression committed by the so-called Belarusian
leadership, as well as the military and political leadership of
North Korea.
11. The Assembly warmly welcomes the launch in The Hague, from
24 to 26 March 2025, of formal negotiations on an international
treaty to establish a claims commission for Ukraine within an intergovernmental negotiation
committee, with the participation of more than 50 States from different
continents and the European Union. This is an important step towards
the establishment of the second component of a comprehensive compensation
mechanism, as repeatedly called for by the Assembly in its previous
resolutions and as foreseen in the Statute of the Register of Damage.
The Assembly considers that the best model for establishing such
a commission would be an open Council of Europe convention, which
could ensure the necessary cross-regional support while benefitting
from the leadership and expertise of the Organisation in this area.
12. With regard to the enforcement of the compensation for the
damage caused by the aggression, the Assembly notes that as a result
of the Russian Federation’s full-scale invasion of Ukraine, the
total cost of reconstruction and recovery in Ukraine over the next
ten years, as of 31 December 2024, has been estimated to be €506
billion. It further recalls that several Council of Europe member
and non-member States decided to immobilise approximately US$300
billion in Russian State assets, as part of the sanctions adopted
in response to the full-scale invasion. However, it notes with concern
that the decision to freeze an important part of these assets will
expire unless renewed every six months by the Council of the European
Union, thus allowing the Russian Federation to use the return of
these assets to financially sustain its war against Ukraine, as
well as its attack on European security and the international legal
order.
13. In the light of these considerations, as regards the special
tribunal for the crime of aggression against Ukraine, the Assembly:
13.1 calls on all States and international
partners that have participated in the core group to reach a final
political agreement on the draft texts (the draft bilateral agreement
between Ukraine and the Council of Europe, the special tribunal’s
draft statute and the draft enlarged partial agreement) without
delay and pursue the establishment of the special tribunal irrespective
of the evolution of any peace negotiations;
13.2 calls on the Secretary General of the Council of Europe
and the Government of Ukraine to conclude the bilateral agreement
for the establishment of the special tribunal once the necessary
internal proceedings have been completed, including the necessary
and swift authorisation by the Committee of Ministers;
13.3 calls on all States and international partners that have
participated in the core group to join the enlarged partial agreement
once it is established and to provide the special tribunal with
the necessary tools and resources, including sufficient financial
contributions, highly qualified judges and staff, and co-operation
agreements, in particular on witness protection programmes, enforcement
of sentences and release of persons acquitted or convicted;
13.4 calls on other member States, observer States and other
States to consider becoming members of the future enlarged partial
agreement.
14. With regard to other international crimes, such as genocide,
crimes against humanity and war crimes, including enforced disappearance,
the Assembly:
14.1 welcomes Ukraine’s
recent ratification of the Rome Statute of the ICC;
14.2 expresses its full support to the ongoing investigations
into the situation in Ukraine by the Office of the Prosecutor of
the ICC and calls on all member States and other States to co-operate
with the ICC and enforce the arrest warrants issued against Russian
suspects, including Vladimir Putin, should any of these suspects
come within their jurisdiction;
14.3 condemns any attempts by States not party to the Rome
Statute to sanction the ICC and its staff, which may result in the
obstruction of its work and lack of co-operation by some States
parties;
14.4 invites all member States and other like-minded States
to increase their assistance to the Office of the Prosecutor General
of Ukraine and existing international accountability mechanisms,
as well as accountability projects of non-governmental organisations
(NGOs) in Ukraine, by pooling resources and filling the gap left
by the new US administration’s decision to withdraw from certain
accountability projects and suspend international aid;
14.5 commends the work of the prosecuting authorities and courts
of member States in investigating crimes committed in Ukraine on
the basis of the principle of universal jurisdiction, such as the
recent conviction of a Russian citizen for war crimes in Ukraine
by a court in Finland, and invites all member States whose legislation
provides for universal jurisdiction to do the same, in close co-operation
with the Ukrainian authorities and the ICC or, where appropriate,
in the framework of the European Union Agency for Criminal Justice
Cooperation (Eurojust);
14.6 calls on all States to ensure that the Russian Federation
and Belarus are held accountable for their systemic use of torture
and other forms of ill-treatment to which Ukrainian prisoners of
war, Ukrainian civilians and political prisoners in the Russian
Federation and temporarily occupied Ukrainian territories, as well
as political prisoners in Belarus, have been and are being subjected,
by having recourse to the dispute settlement mechanism stipulated
in Article 30, paragraph 1, of the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
15. With regard to the international compensation mechanism for
the damage caused by the aggression, the Assembly:
15.1 welcomes the opening by the
Register of seven new categories of claims, including with respect to
missing immediate family members, sexual violence, torture or inhumane
or degrading treatment and serious personal injury;
15.2 welcomes the engagement of the Register with NGOs present
in Ukraine and other countries, as well as national authorities
and international partners, including through the Register’s Civil
Society Coordination Platform, and encourages the Register to continue
to intensify its outreach campaign to potential claimants;
15.3 condemns the designation by the Russian Federation of
the Register as an “undesirable organisation”;
15.4 welcomes the launch of formal negotiations on a treaty
to establish a claims commission for Ukraine and calls on all member
States participating in these negotiations to work swiftly towards
the establishment of an international claims commission and to support
the option of an open Council of Europe convention that would ensure
cross-regional participation and make full use of the Organisation’s
expertise;
15.5 calls on the participants and associate members of the
Register to extend the eligibility of claims to include those dating
back to 2014, rather than limiting it to claims from 24 February
2022. This broader scope would ensure that all victims of the Russian
aggression, including those affected by the annexation of Crimea,
the war in the east of Ukraine and other acts of aggression, can
seek justice and compensation. It is essential for the Register
to accurately reflect the full extent of the Russian Federation’s
actions over the past decade.
16. Finally, as regards frozen Russian assets, the Assembly, reaffirming
its
Resolutions 2434 (2022),
2482 (2023),
2539 (2024),
2556 (2024) and
2588 (2025):
16.1 welcomes the decision of the
European Union institutions to direct extraordinary revenues stemming
from immobilised Russian State assets for Ukraine as well as the
G7’s decision to offer Ukraine a US$50 billion loan secured through
revenues stemming from the immobilised Russian State assets;
16.2 welcomes the adoption of resolutions by the French National
Assembly and the European Parliament calling for the repurposing
of frozen Russian State assets, and calls on the parliaments of
all member States to adopt similar resolutions and to urge their
governments to take resolute action;
16.3 calls on Council of Europe member and non-member States
currently holding immobilised Russian State assets, pending the
creation of an international compensation fund, to immediately take any
such measures that might be necessary to:
16.3.1 transfer
these assets to an international trust fund, as an extraordinary,
lawful and proportionate response to the Russian Federation’s ongoing
violation of obligations arising under peremptory norms of general
international law and its outright refusal to make reparation for
the damage caused to Ukraine and its people;
16.3.2 ensure that any State or non-State entity suffering possible
negative consequences of the transfer of these assets is properly
protected and, if necessary, compensated for any directly associated
losses;
16.3.3 ensure that the transferred assets are invested and managed
for the ultimate benefit of the victims of the aggression, first
and foremost the State of Ukraine and its citizens, pending final distribution;
16.4 calls on the European Union, its member States and other
States to maintain and strengthen the current sanctions against
the Russian Federation, its allies, entities and individuals supporting
or benefitting from the aggression, until the Russian Federation
ceases its aggression against Ukraine and complies with its international
obligations;
16.5 calls on the European Union, its member States and other
States to introduce and strengthen secondary sanctions against individuals,
entities and jurisdictions facilitating the circumvention of sanctions
imposed in response to the Russian Federation’s aggression;
16.6 calls on the member States and European Union institutions
to impose sanctions on the NLMK Group (PAO Novolipetsk Steel, LLC
VIZ-Stal, JSC Stoylensky Mining and Beneficiation Complex) and others,
due to their ongoing co-operation with Russia’s defence industry.
