C Explanatory memorandum by Ms Rian
Vogels, rapporteur for opinion
1 Introduction
1. I would like to congratulate
Ms Yelizaveta Yasko (Ukraine, EPP/CD) for her report, which addresses
a very topical issue and raises awareness of the dramatic situation
of Ukrainian prisoners of war held in Russian captivity. I agree
that the well-documented instances of summary executions, widespread
and systematic torture, and the ill-treatment that Ukrainian prisoners
of war are routinely subjected to, require an urgent international
response.
2. Despite the political focus of Ms Yasko’s report, I appreciate
its accurate references to the applicable norms of international
humanitarian law, in particular those contained in the Third Geneva
Convention relative to the Treatment of Prisoners of War. The ICRC
is mandated under the Third Geneva Convention to have access to
prisoners of war and to monitor their treatment. Despite its unquestionable
mandate, Russian authorities have systematically denied the ICRC
and other international monitors access to Ukrainian prisoners of
war in at least 186 confirmed detention sites across Russia. According
to the Ukrainian Defence Intelligence Directorate, this blockade
is reinforced by the creation of fake humanitarian organisations
in Russia that impersonate the ICRC, further obstructing legitimate
oversight and facilitating the concealment of conditions in which
Ukrainian prisoners of war are held.
Note Having regard to the above, I fully
support the conclusions of Ms Yasko’s report and her accurate recommendations.
3. I also appreciate the rapporteur’s reference, in the explanatory
memorandum, to the work of the Register of Damage Caused by the
Aggression of the Russian Federation against Ukraine, which has
already opened several categories of claims directly applicable
to prisoners of war. Although the focus of the report is on the release
of prisoners of war, I find it vital to also consider their support
after their return to Ukraine, particularly within the framework
of holding the Russian Federation accountable for their suffering.
4. My proposed amendments to the draft resolution are intended
to strengthen it and ensure its accuracy. Pursuant to Article 122
of the Third Geneva Convention, upon the outbreak of a conflict
and in all cases of occupation, each belligerent party “shall instate
an official Information Bureau for prisoners of war who are in its
power”. Although this provision does not regulate the nature, composition
and working methods of the national information bureau, it stipulates
that the bureau should have the necessary capacity to carry out
its humanitarian tasks efficiently.
Note The amendments seek to clarify that,
while the Russian Federation formally established a national information
bureau, it operates ineffectively and reinforces the national policy
of holding the Ukrainian prisoners of war
de
facto incommunicado.
2 Explanatory notes
2.1 Amendment A (to
the draft resolution)
5. This amendment intends to further
increase the accuracy of the report and acknowledge that the Russian
Federation did formally establish a national information bureau,
although its operation appears to be focused on ensuring only the
appearance of compliance with the Third Geneva Convention. There
are no publicly available details regarding the operation of the
Russian National Information Bureau (RNIB) and there are reports
alleging that the Russian authorities are deliberately instrumentalising
the procedure for the transmission of information to increase the
suffering of relatives of Ukrainian prisoners of war.
Note By contrast, Ukraine established
its National Information Bureau of Ukraine for Prisoners of War,
Forcibly Deported and Missing Persons in March 2022.
Note According
to the observations of the mission of experts established under the
Moscow Mechanism of the Organization for Security and Co-operation
in Europe (OSCE),
Note the Russian Federation
stated in August 2022 that it had established a national information
bureau in line with the Third Geneva Convention in February 2022.
This information was also included in a press release of the ICRC, published
in February 2024.
Note There is no publicly available information
on its operation and most Ukrainian prisoners of war are held incommunicado.
For the sake of accuracy, I propose an amendment better reflecting this
state of affairs.
2.2 Amendment B (to
the draft resolution)
6. The amendment is a logical
consequence of Amendment A. It also refers to civilian detainees,
whose treatment is governed by the Fourth Geneva Convention relative
to the Protection of Civilian Persons in Time of War. The OSCE Moscow
Mechanism report established that there is currently no regular
channel of communication through which the Russian Federation would
fulfil its information obligations vis-à-vis Ukraine, foreseen in
Article 137 of the Fourth Geneva Convention. Experts concluded that
the RNIB does not have a mandate to cater for civilian detainees,
which in turn negatively affects the search for missing persons.
Note
2.3 Amendment C (to
the draft resolution)
7. The amendment aims to clarify
that the obligation to release and repatriate prisoners of war –
set out in Article 118 of the Third Geneva Convention relative to
the Treatment of Prisoners of War – applies only after the cessation
of active hostilities. While I agree that accelerating this process
would be desirable, particularly to uphold the human dignity of
prisoners of war and their families, I propose to make clear that
such acceleration is not a legal obligation under this Convention.
