MINISTERS’ DEPUTIES

Notes on the Agenda

CM/Notes/1497/10.2

29 April 2024[1]

1497th meeting, 30 April 2024 10 Legal questions   10.2 Core Group on the establishment of a Special Tribunal for the crime of aggression of the Russian Federation against Ukraine Preparation of the next meeting Item prepared by the GR-J at its meeting on 29 April 2024 Reference documents DLAPIL Non-paper of 27 February 2024, GR-J(2024)13, DD(2024)132 , DD(2024)150, DD(2024)151

 

Action To adopt the draft decisions below.

The Rapporteur Group on Legal Co-operation (GR-J), at its meeting on 29 April 2024, discussed the outcome of the written procedure launched on 23 April 2024 which was opposed by only one delegation. The Chair noted a very large majority in favour of transmitting the draft decisions to the Deputies for adoption the following day and, having consulted the Chair of the Deputies, decided to proceed accordingly.

Financing assured: YES

DRAFT DECISIONS

The Deputies

Recalling that, in the Reykjavík Declaration, the member States of the Council of Europe welcomed international efforts to hold to account the political and military leadership of the Russian Federation for its war of aggression against Ukraine;

Recalling that, on 23 February 2024, the Deputies commended the progress towards the establishment of a special tribunal for the crime of aggression 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;

Taking note of the meetings of the Core Group on options for the establishment of a tribunal on the crime of aggression against Ukraine, where its participants expressed an interest in exploring the possibility of establishing a special tribunal by an agreement between the Council of Europe and Ukraine;

Recalling that the cross-regional support for any accountability mechanism set up by a regional organisation is also crucial and requires the necessary and continued efforts by the Council of Europe and its international partners;

Recalling that, under Article 15.a of the Statute of the Council of Europe, the Committee of Ministers shall consider the action required to further the aim of the Council of Europe, including the conclusion of conventions or agreements;

1.         authorised the Secretary General to prepare any necessary documents to contribute to consultations within the Core Group on a possible draft Agreement between the Council of Europe and the Government of Ukraine on the Establishment of a Special Tribunal for the Crime of Aggression against Ukraine, including its Statute, and on a possible draft enlarged partial agreement governing the modalities of support to such a Tribunal, its financing and other administrative matters;

2.         requested the Secretary General to report regularly to the Deputies on the progress of work and of these consultations;

3.         agreed to consider any possible next steps in this process, as and when appropriate, taking account of any proposals that may be made by the Secretary General.