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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1490/2.3 |
23 February 2024 |
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1490th meeting, 21 and 23 February 2024 2.3 Consequences of the aggression of the Russian Federation against Ukraine |
Decisions
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 war of aggression against Ukraine,
Recalling that at their 4th Summit held in Reykjavík on 16 and 17 May 2023, the Heads of State and Government of the Council of Europe expressed their resolve to stand united against Russia’s war of aggression against Ukraine and their full support to Ukraine and its people,
Conscious that the Russian Federation’s full-scale aggression against Ukraine, now entering its third year, is 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,
Noting with appreciation the global solidarity with Ukraine and the steps taken towards ensuring accountability for serious violations of international law, including investigating all allegations of war crimes, crimes against humanity and genocide, committed as a result of the Russian aggression against Ukraine,
Stressing the urgent need to ensure a comprehensive system of accountability for serious violations of international law arising out of the Russian aggression in order to avoid impunity, prevent further violations and ensure just and lasting peace,
Recalling United Nations General Assembly Resolution A/RES/ES-11/5, “Furtherance of remedy and reparation for aggression against Ukraine”, (14 November 2022), and Resolution A/RES/ES-11/6 “Principles of the Charter of the United Nations underlying a comprehensive, just and lasting peace in Ukraine” (16 February 2023),
Recalling the Resolution of the European Court of Human Rights on the consequences of the termination of the Russian Federation's membership of the Council of Europe in the light of Article 58 of the European Convention on Human Rights, according to which the Court remains competent to deal with applications against the Russian Federation concerning actions and omissions liable to constitute a violation of the Convention which occurred up to 16 September 2022,
Acknowledging the ongoing severe impact of the Russian Federation’s full-scale aggression against Ukraine, on human lives, civilian infrastructure, the environment, cultural heritage and the regional security architecture,
Commending the ongoing assistance provided by the Council of Europe to Ukraine, including through the Action Plan “Resilience, Recovery and Reconstruction” 2023-2026, in particular in dealing with war crimes and other 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 the Russian aggression against Ukraine,
The Deputies
1. reiterated their condemnation in the strongest possible terms of the continued unlawful aggression of the Russian Federation against Ukraine and renewed the call on the Russian Federation to immediately cease the aggression and withdraw completely and unconditionally its occupation forces from the territory of Ukraine;
2. reiterated their unwavering commitment to the independence, sovereignty and respect for the territorial integrity of Ukraine within its internationally recognised borders and non-recognition of attempted illegal annexation by the Russian Federation of any parts of the Ukraine’s territory, including the Autonomous Republic of Crimea and the city of Sevastopol;
3. reiterated their firm support for Ukraine and its people, emphasising their commitment to stand with Ukraine for as long as it takes, echoing the principles for a just and lasting peace as outlined in President Zelenskyy’s Peace Formula;
4. strongly condemned all violations of human rights law and international humanitarian law, including indiscriminate attacks against civilians and civilian infrastructure 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. welcomed the setting up of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine and the forthcoming launch of the process of submission of claims, which is foreseen during the Restoring Justice for Ukraine Ministerial Conference to be held on 2 April 2024 in The Hague, and reiterated that this is intended to constitute the first component of a comprehensive international compensation mechanism;
6. commended the progress towards the establishment of a special tribunal for the crime of aggression, underscoring the international efforts to hold the political and military leadership of the Russian Federation accountable for its war of aggression against Ukraine and expressed their willingness to examine possible options to ensure that the Council of Europe provides expert and technical support for the establishment and, as appropriate, operation of such a special tribunal and provides a platform for further diplomatic efforts in this regard;
7. urged the Russian Federation to immediately release all civilians forcibly transferred or unlawfully deported to its territory or to areas it temporarily controls or occupies, and ensure the immediate return to Ukraine of children who have been unlawfully transferred and deported, in line with the Declaration on the situation of the children of Ukraine; condemned in the strongest terms their forcible placement under custody or adoption by Russian citizens, and violations of their dignity and rights; called on all relevant stakeholders, including international organisations continuing their work in the Russian Federation and Belarus to actively participate in identifying the current locations of the unlawfully deported and transferred Ukrainian children and to provide assistance with their safe return;
8. welcomed the launch of a Council of Europe Consultation Group on the Children of Ukraine with a view to facilitating dialogue and the exchange of information between States, the European Union and the relevant international organisations on policies regarding Ukrainian children residing in Council of Europe member States;
9. recognised the important role of the Committee of Ministers, the Parliamentary Assembly and the Congress of Local and Regional Authorities in formulating a robust response of the Council of Europe to Russia’s war of aggression against Ukraine and in setting an ambitious support and accountability agenda;
10. condemned the illegal conduct of so-called elections by the Russian Federation within the internationally recognised borders of Ukraine in autumn 2023 and the plans for Russian presidential elections in March 2024 in the temporarily occupied regions of Ukraine, stressing that such actions constitute a further infringement on Ukraine’s sovereignty and territorial integrity, thereby contravening international law and undermining both international peace and security and the rights of citizens;
11. condemned the attempts of the Russian Federation to prosecute judges and prosecutors of the International Criminal Court involved in the issuing of arrest warrants against President Vladimir Putin and Ms Maria Lvova-Belova, Commissioner for Children's Rights to the President of the Russian Federation, considering that any such retaliatory action constituted a flagrant interference with judicial independence and the mandate of the ICC, as well as any other groundless attempts to prosecute officials of Council of Europe member States;
12. decided to resume consideration of the issues above at their forthcoming meetings, closely following the implementation of the Reykjavík Declaration adopted at the 4th Summit of Heads of State and Government of the Council of Europe.