The Russian Federation’s aggression against Ukraine: ensuring accountability for serious violations of international humanitarian law and other international crimes
Reply to Recommendation
| Doc. 15645
| 18 October 2022
- Author(s):
- Committee of Ministers
- Origin
- Adopted at the 1445th meeting
of the Ministers’ Deputies (5 October 2022). 2022 - Fourth part-session
- Reply to Recommendation
- : Recommendation 2231
(2022)
1. The Committee of
Ministers has carefully considered Parliamentary Assembly
Recommendation 2231 (2022) on “The Russian Federation’s aggression against Ukraine:
ensuring accountability for serious violations of international
humanitarian law and other international crimes”. It has forwarded
the text to the Committee of Legal Advisers on Public International
Law (CAHDI), the Steering Committee for Human Rights (CDDH) and the
European Committee on Crime Problems (CDPC) for information and
possible comments.
2. The Committee informs the Assembly that an event on “Ensuring
coherence in accountability for the Russian aggression against Ukraine:
the ad hoc Special Tribunal for the crime of aggression against
Ukraine and the Compensation Commission for Ukraine” was organised
by the Permanent Representation of Ukraine to the Council of Europe
and was held under the auspices of Ireland’s Presidency of the Committee
of Ministers, with the participation in person of the Deputy Minister
of Justice of Ukraine, on 12 September 2022. At this event, Ukraine’s
proposal to establish an ad hoc Special Tribunal for the punishment
of the crime of aggression against Ukraine was presented to delegations,
as well as its proposal for an international mechanism of compensation
for damages caused by the Russian military invasion of Ukraine and
seizure of Russian assets abroad.
3. Following a discussion of the proposals at their 1442nd meeting
on 14 and 15 September 2022, the Deputies adopted the following
decisions:
“Reiterating their
unwavering commitment to the independence, sovereignty and territorial
integrity of Ukraine within its internationally recognised borders;
Noting that the Russian Federation
bears responsibility for the act of aggression against Ukraine and that
it is under an obligation in international law to ensure immediate
and unconditional cessation of this aggression, that it should provide
guarantees of its non-repetition and must ensure full reparation
for the damage, loss or injury, whether material or moral, caused
by Russia’s violations of international law;
Referring to the principle
that accountability should be comprehensive and in co-ordination
with the work of the International Criminal Court, and to the priorities
established during, respectively, the high-level Ukraine Accountability
Conference in The Hague on 14 July 2022 and the Ukraine Recovery
Conference held in Lugano on 4-5 July 2022,
The Deputies
1. reaffirmed the need for
a strong and unequivocal international legal response to the aggression against
Ukraine, permitting no place for impunity for serious violations
of international law, emphasising that legal responsibility of the
perpetrators of such violations is of utmost importance;
2. stressed the urgent need
to ensure a comprehensive system of accountability for serious violations
of international law arising out of the Russian aggression against
Ukraine in order to avoid impunity and to prevent further violations;
3. noted with interest the
Ukrainian proposals to establish an ad hoc special tribunal for
the crime of aggression against Ukraine and a comprehensive international
compensation mechanism, including, as a first step, an international
register of damage;
4. welcomed ongoing efforts,
in co-operation with Ukraine, to secure accountability for the crime
of aggression against Ukraine and to secure full reparation for
the damage, loss or injury caused by Russia’s violations of international
law in Ukraine;
5. called on the member States
and the Council of Europe to remain actively seized of the matter and
actively engage in further developing a comprehensive system of
accountability in accordance with the standards of international
law, including the European Convention on Human Rights;
6. decided to resume examination
of the issues above at forthcoming meetings.”Note
4. When resuming examination of the above issues at forthcoming
meetings, the Committee of Ministers will bear in mind the specific
elements highlighted in the Assembly’s recommendation (paragraphs
2.1 to 2.4) and will keep the Assembly informed of any further developments.
