The protection of victims of arbitrary displacement

Reply to Recommendation | Doc. 15422 | 13 December 2021

Author(s):

Committee of Ministers

Origin

Adopted at the 1420th meeting of the Ministers’ Deputies (8 December 2021). 2022 - First part-session

Reply to Recommendation

: Recommendation 2197 (2021)

1. The Committee of Ministers has examined Parliamentary Assembly Recommendation 2197 (2021) on “The protection of victims of arbitrary displacement” and forwarded it to the Committee of Legal Advisers on Public International Law (CAHDI) for information and possible comments.

2. Concerning the Assembly’s recommendation (paragraph 2.1) to prepare guidelines for member States on universal jurisdiction of national courts for arbitrary displacement and other war crimes or crimes against humanity, the Committee of Ministers agrees with the assessment of the CAHDI that such a step is not opportune. Efforts have already been made by other organisations in this context, such as the various practical tools developed by the International Committee of the Red Cross (ICRC), reports of UN Secretary General and resolutions of the UN General Assembly on the matter.

3. With regard to paragraphs 2.2 and 2.3 of the Assembly’s recommendation, the Committee of Ministers recalls that States must make every effort possible to co-operate with each other in order to facilitate the investigation of war crimes and the prosecution of suspected perpetrators. In this context, the Committee of Ministers encourages member States which have not yet done so to sign and ratify the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and the Financing of Terrorism (CETS No. 198).

4. Lastly, as concerns paragraph 2.4 of the recommendation, the Committee of Ministers reminds member States that even if they are not States Parties to the International Criminal Court, they may make voluntary contributions to the Trust Fund for Victims.