MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2023)1457/2.3

22 February 2023

1457th meeting, 22 February 2023

 

2.3 Consequences of the aggression of the Russian Federation against Ukraine

Preparation of the 1457bis meeting

 

Reference document

DD(2023)54-rev

 

Decision

The Deputies approved the following decisions on the “Consequences of the aggression of the Russian Federation against Ukraine” and agreed to transmit them to their 1457bis meeting (24 February 2023) for adoption without debate:

“Recalling that, on 16 March 2022, the Committee of Ministers decided to exclude the Russian Federation from the Council of Europe as a result of its aggression against Ukraine, such aggression being in flagrant contradiction with the ideals and principles which are the common heritage of member States of the Council of Europe and in violation of international law;

Underlining that the Russian Federation bears the sole responsibility for depriving persons under its jurisdiction of the protection afforded by the European Convention on Human Rights, as from 16 September 2022, while reiterating the unconditional obligation of the Russian Federation to fully execute the final judgments of the Strasbourg Court;

Stressing 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;

Recalling United Nations General Assembly Resolution ES-11/5, “Furtherance of remedy and reparation for aggression against Ukraine”, A/RES/ES-11/5 (14 November 2022);

Commending the assistance provided by the Council of Europe to Ukraine, including through the Action Plan “Resilience, Recover and Reconstruction” (2023-2026), in dealing with alleged crimes and human rights violations in the context of the war of aggression and affirming the key role the Council of Europe can play in ensuring comprehensive accountability for Russian aggression against Ukraine;

Conscious that the full-scale aggression by the Russian Federation against Ukraine is entering its second year and emphasising that support for Ukraine and accountability for Russian aggression against Ukraine shall be high on the agenda of the 4th Summit of Heads of State and Government of the Council of Europe to be held in Reykjavik, Iceland, on 16 and 17 May 2023,

The Deputies

1.         reiterated their condemnation in the strongest terms of the continued aggression of the Russian Federation against Ukraine and expressed their full support to Ukraine and their solidarity with its people;

2.         called on the Russian Federation to immediately cease the aggression, withdraw completely and unconditionally its occupation forces from the territory of Ukraine, and release all abducted civilians, including children and all those forcibly transferred to the territory of the Russian Federation against their will;

3.         commended the courage and determination of the Ukrainian people and its leadership in their fight to defend the sovereignty, territorial integrity and freedom of Ukraine and reiterated their unwavering commitment to the independence, sovereignty and respect for the territorial integrity of Ukraine within its internationally recognised borders;

4.         strongly condemned all violations of human rights law and international humanitarian law, including attacks against civilians and civilian objects (including civilian infrastructure) in Ukraine and cultural and religious heritage, and reiterated their decision to make sure that the Council of Europe mobilises all its instruments to ensure the Russian Federation’s full accountability for violations of human rights;

5.         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, including for the crime of aggression the prosecution of which is of interest to the international community as a whole, expressed support for the development of an international centre for the prosecution of the crime of aggression against Ukraine (ICPA) in The Hague, and emphasised that individual legal responsibility of the perpetrators of such violations is of utmost importance;

6.         welcomed ongoing international efforts, in co-operation with Ukraine, to ensure accountability for the crime of aggression against Ukraine through the possible establishment of an appropriate mechanism for this purpose, and to ensure full reparation for the damage, loss or injury caused by Russia’s violations of international law in Ukraine, including through the establishment of a compensation mechanism;

7.         recognised the urgent need for a register to record and document evidence and claims for damage, loss or injury as a result of Russian aggression against Ukraine and invited the Secretary General to present modalities, including on complementarity with existing mechanisms, so that further consideration can be given to the possible establishment and functioning of such a register, in co-operation with Ukraine, under the auspices, or with the assistance, of the Council of Europe;

8.         commended all those helping to gather evidence and to investigate serious violations of international law and called on the member States and the Council of Europe to contribute to further developing a comprehensive system of accountability in accordance with the standards of international law, including the European Convention on Human Rights;

9.         decided to resume consideration of the issues above at forthcoming meetings.”