Russia must be held to account for aggression against Ukraine, war crimes – PACE

The document entitled "Russian war of aggression against Ukraine: the need to ensure accountability and avoid impunity" was supported by 100 deputies, one voted against, and two abstained, an Ukrinform correspondent reports.

PACE welcomed the successful completion of work on the necessary legal documents to establish a Special Tribunal for the Crime of Aggression within the framework of the Council of Europe, and also expressed hope that the final texts on the tribunal will address some of the Assembly's demands, including those regarding functional immunities, the definition of the crime of aggression, trials in absentia, the right to a fair trial, and cooperation with the ICC.

Regarding the Special Tribunal, the Assembly calls on the CoE Secretary General and the Government of Ukraine to conclude a bilateral agreement on the establishment of the Special Tribunal after completing the necessary procedures, including the necessary and rapid authorization of the Committee of Ministers.

Regarding other international crimes, such as genocide, crimes against humanity and war crimes, the Assembly expresses its full support for the investigation into the situation of Ukraine conducted by the ICC Prosecutor's Office and calls on all member States and other States to cooperate with the ICC and to execute the arrest warrants issued against Russian suspects, including Vladimir Putin. Furthermore, the Assembly condemns any attempts by States that are not parties to the ICC Statute to impose sanctions on the ICC and its staff. The document also recommends that the prosecution authorities and courts of the member states investigate crimes committed in Ukraine on the basis of the principle of universal jurisdiction. The Assembly calls on all states to ensure that the Russian Federation and Belarus are held accountable for the systematic use of torture and other forms of ill-treatment to which Ukrainian prisoners of war, Ukrainian civilians and political prisoners have been and are being subjected in the Russian Federation and in the temporarily occupied territories.

As regards the international mechanism for compensation for damage caused by aggression, the Assembly welcomed the start of formal negotiations on the conclusion of an agreement on the establishment of a Claims Commission for Ukraine and called on all member states to work swiftly on establishing an international claims commission.

The Assembly also called on CoE member states and non-member states that currently hold immobilized Russian government assets to transfer them to an international trust fund as an extraordinary, lawful and proportionate response to the Russian Federation's continued violation of its obligations. In addition, the resolution states 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.

The resolution emphasizes that as a result of Russia’s full-scale invasion of Ukraine, the total cost of reconstruction and recovery in Ukraine as of December 31, 2024 is estimated at EUR 506 billion, so Russia’s immobilized assets must be used for the needs of Ukraine, otherwise Russia may use them to further sustain its war effort, as well as to attack European security and international law.

The resolution also called for strengthening existing sanctions against Russia and its allies, and deepening secondary sanctions against individuals, legal entities, and jurisdictions that facilitate the circumvention of restrictions.

The Assembly also noted that the continuation or revival of the Nord Stream 1 and 2 pipeline projects is unacceptable for Europe, as it will increase dependence on Russian energy and undermine energy security.

As Ukrinform reported earlier, Ukraine hopes that the next two months will be the final ones for launching the work of the Special Tribunal for the Crime of Aggression, so while awaiting the Council of Europe's decision, it was necessary to clearly outline the requirements for its work that are critical for PACE.