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Russia's war of aggression against Ukraine: fundamental principles of international law must not be set aside in peace negotiations, says PACE committee

Parliamentary Assemby - Council of Europe

15/05/2025
Legal Affairs and Human Rights

The Committee on Legal Affairs and Human Rights, meeting on 13 May in Paris, categorically reaffirmed indisputable legal and human rights considerations related to the Russian Federation's war of aggression against Ukraine. It stated that certain fundamental principles of international law, such as the inviolability of borders and the non-recognition of territorial acquisitions resulting from the use of force, "must not be set aside in any ongoing or future peace negotiations".

Among these legal considerations, the committee affirms in particular that the Russian war against Ukraine constitutes an act of aggression in violation of Article 2(4) of the UN Charter, and that Ukraine is exercising its inherent right to self-defense in accordance with Article 51 of the same Charter. It added that the illegal annexation of Crimea and other Ukrainian territories temporarily occupied by Russia could not be recognised.

Furthermore, the draft resolution adopted by the committee, based on the report by Eerik-Niiles Kross (Estonia, ALDE), underlines that the political and military leadership of Russia, Belarus, and North Korea have committed a crime of aggression against Ukraine, which entails individual criminal responsibility of the leaders concerned, including Heads of State and Government.

The draft resolution also states that the multiple attacks and atrocities committed by Russian forces and their allies against Ukraine and its people "amount to war crimes, including grave breaches of the Geneva Conventions and international humanitarian law, as well as crimes against humanity when perpetrated as part of a widespread and systematic attack against the civilian population." "None of these crimes can be subject to any form of amnesty or any statute of limitations under international law," the parliamentarians said.

According to the committee, Russia "must bear the legal consequences of all its internationally wrongful acts committed in and against Ukraine," including by making reparation for all the damage caused by such acts to Ukraine and its people. In this context, it highlighted the critical role of the Register of Damage for Ukraine, established under the auspices of the Council of Europe, as the first operational element of an international compensation mechanism.

The parliamentarians welcomed the adoption by the Core Group participants of the Lviv Statement of 9 May 2025, expressing political support for the draft legal texts necessary for the establishment of the Special Tribunal for the Crime of Aggression against Ukraine within the framework of the Council of Europe. They called on the Core Group participants and all member states to move towards the establishment of this tribunal without delay, irrespective of the progress of any peace negotiations.

Finally, the committee urged Russia to immediately cease the practice of enforced disappearances, unlawful detention of Ukrainian civilians, systematic use of torture against civilians and prisoners of war, and deportation and forcible transfer of Ukrainian children. "Member states must increase pressure on Russia to comply with its international obligations, including through increased sanctions and in the context of any peace talks or negotiations," it concluded.