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A. Draft resolution
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B. Draft recommendation
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Report | Doc. 16152 | 08 April 2025
Russian war of aggression against Ukraine: the need to ensure accountability and avoid impunity
Committee on Legal Affairs and Human Rights
A. Draft resolution 
(open)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 thus causing
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;
prosecuting and judicial authorities 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 (UN) 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 for Ukraine at the Reykjavik
Summit in 2023, the proposal for the establishment of a Special
Tribunal for the Crime of Aggression and the participation in the
Core Group consultations, 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 United States administration in March
2025, Ukraine expressed readiness to accept the US proposal to enact
an immediate, interim 30-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
on 23-25 March 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, resulting 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 all prisoners of war and unlawfully
detained civilians, 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), 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 between 19 and 21 March
2025 and the finalisation of the necessary legal documents for the establishment
of the Special Tribunal for the Crime of Aggression 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 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 on 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, fair
trial rights and co-operation with the ICC. With regard to the temporal scope
of its jurisdiction, the Assembly refers to its Resolution 2482
(2023) and Resolution 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.
11. The Assembly warmly welcomes the launch in The Hague, between
24 and 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 benefiting 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 cooperation
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 ICC Statute;
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 ICC 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 NGO accountability projects in Ukraine, by pooling resources
and filling the gap left by the new United States administration’s
decision to withdraw from certain accountability projects and suspend international
aid;
14.5. commends the work of 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 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 30.1 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 Damage for Ukraine 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 of Damage 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 of Damage 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.
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 benefiting 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.
B. Draft recommendation
(open)1. The Parliamentary Assembly
draws the Committee of Ministers’ attention to Assembly Resolution
… (2025) “Russian war of aggression against Ukraine: the need to
ensure accountability and avoid impunity”, which reiterates the
need to ensure a comprehensive system of accountability for all
violations of international law and international crimes committed
as a result of the aggression of the Russian Federation against Ukraine,
while stressing that any peace negotiations must not lead to impunity.
2. The Assembly refers to its Recommendation 2279 (2024) “Legal
and human rights aspects of the Russian Federation’s aggression
against Ukraine”.
3. The Assembly warmly welcomes the Committee of Ministers’ decision
of 24 February 2025, in which the Committee of Ministers expressed
its determination to continue its efforts to ensure that the Russian
Federation and those responsible for crimes and violations of international
human rights law and international humanitarian law in the context
of the aggression against Ukraine are held accountable.
4. The Assembly calls on the Committee of Ministers to work towards
the establishment of the Special Tribunal for the Crime of Aggression
against Ukraine as soon as political agreement is finally reached
among the States and partners participating in the Core Group, by:
4.1. authorising the Secretary General
to conclude the agreement for the establishment of the Special Tribunal
with the Government of Ukraine;
4.2. establishing the Enlarged Partial Agreement for the management
of the Special Tribunal for the Crime of Aggression against Ukraine
and inviting all member and observer States of the Council of Europe,
as well as other States and international organisations, to become
members.
5. The Assembly calls on the Committee of Ministers to work without
delay towards the establishment of a Claims Commission for Ukraine,
notably by setting up an ad hoc committee
for the drafting of an open Council of Europe convention.
6. The Assembly further welcomes the Committee of Ministers’
decision of 6 March 2025 in the supervision of the execution of
the judgment of the European Court of Human Rights in the interstate
case Ukraine v. Russia (re Crimea), in
which it urged the Russian Federation to restore the application
of Ukrainian law in Crimea and to investigate the grave and serious
violations of the European Convention on Human Rights (ETS No. 5)
committed in Crimea since 2014, in order to identify all those responsible
for the purposes of bringing them to justice, in particular perpetrators
of enforced disappearances and arbitrary or incommunicado detentions,
as well as their chain of command and those complicit, and to fully
engage and co-operate with any pending international investigations,
with national investigations brought under the principles of universal jurisdiction
or those pending in Ukraine, and with international inquiries and
investigative missions. In this regard, the Assembly invites the
Committee of Ministers to engage with and further explore synergies
with some of these international investigations or inquiries with
a view to ensuring accountability for the serious violations committed
by the Russian Federation in Crimea.
7. The Assembly refers to Recommendation 2265 (2024) and reiterates
its recommendation to the Committee of Ministers to create and ensure
the functioning of a joint registry of individuals who have been included
in the sanctions lists of Council of Europe member States, as well
as in the European Union’s sanctions lists, in connection with the
involvement in the deportation, forcible transfer or unjustifiable
delay in repatriation of Ukrainian children, and in the unlawful
adoption or establishment of guardianship over Ukrainian children.
The aims of such a registry would be to harmonise the sanctions
policy and to monitor and enhance the effectiveness of the imposed
restrictive measures.