Retour High-level Panel Discussion at the Press Club: Justice for Ukraine – How to hold Russia accountable for war crimes

Topic: Russia war crimes in Ukraine: How to bring them to justice?

As delivered by Marija Pejčinović Burić, Secretary General of the Council of Europe

 

Moderator,

Professor Reisinger,

EU Commission Representative, Professor Selmayr,

The Russian Federation’s brutal, illegal, and ongoing aggression against Ukraine has brought Europe’s past into Europe’s present.

All of us hoped that violence on this scale –

With all the suffering it brings –

The deaths, the rapes, the torture –

The sorrow, the loss and the long lines of refugees fleeing for safety –

All of us had hoped that these things would exist only in history –

And we dared to have confidence that this might be so.

We knew that the post-Second World War generations have an obligation to make good on the promise of “never again” –

To ensure populations that are educated, aware and active in preventing the mistakes and crimes of previous generations.

And we looked out across a continent that had constructed systems of social, economic, and political governance –

At both national and international levels –

Designed to lock peace and collaboration into our continent’s future.

One of those institutions is the Council of Europe.

For more than seven decades, its member states have worked to protect and promote human rights, democracy, and the rule of law –

On the understanding that this would forge the greater unity on which peace depends.

For most of Europe, that promise has held.

But not for Ukraine.

Russia’s aggression against that country has reminded us that for our values to mean anything –

And for our standards to apply –

We rely, first and foremost, on political will.

And if we are honest with ourselves, we must acknowledge that when it comes to Russia this political will did not break suddenly last February –

But rather splintered over a period of years –

Visible to those prepared to see it –

And leading up to the bloody violence we witness today.

The aggression is illegal in itself –

And the specific crimes committed on the ground, day in, day out, flow from the fateful decision to attack.

This is crime on a continuum.

And although we can neither reverse time –

Nor force Russia to correct course –

There will be a time when peace comes.

For that peace to be sustainable, it must be a just peace, based on accountability.

And this in turn means that the Russian Federation’s crimes must be acknowledged and addressed –

So that what damage can be repaired, is repaired –

And so that we deter further violence in the future.

A variety of organisations must play roles in achieving this.

For the Council of Europe’s part, the work has already begun.

We were quick to suspend –

And then to exclude Russia from our Organisation, in the days following last year’s attack –

Recognising that what had happened was a blatant violation of our Statute –

An affront to our values –

And a clear breach of international law.

Since then –

As part of our rock-solid determination to support Ukraine and the Ukrainian people –

We have been clear about the need for specific steps to ensure accountability for the terrible events that have taken place –

And which continue.

That is why Council of Europe experts are supporting Ukraine’s Prosecutor General in the process of investigating serious human rights violations.

That is why I have said that Organisation will play whatever role is appropriate –

Working however and with whoever required –

On any future tribunal that pursues the crime of aggression.

And that is why I have been clear about my view that the Council of Europe should establish a Register of Damage –

Supporting victims.

Recording the losses that continue to mount –

And drawing on the experience, expertise, and case law of the European Court of Human Rights –

So that we clear the way to a compensation mechanism further down the line.

Next month, Reykjavik will host our Fourth Summit of Heads of State and Government.

I hope that national leaders will take the opportunity there to agree to this approach.

Certainly, our member states are as one in supporting Ukraine.

From our joint Action Plan on Resilience, Recovery and Reconstruction which assists Ukraine now –

And in light of the changing circumstances on the ground –

Through to the financial and professional support that we are providing so that the physical, structural, and psychological needs of Ukrainian refugees are met –

In the many Council of Europe member states to which they have fled in search of safety.

These ongoing measures are not about holding the Russian Federation to account per se.

But are intended to mitigate –

As far as we can –

The injustice done by Russia to the Ukrainian people.

This too is important.

Ultimately, ensuring that war crimes are met with justice will not be easy.

But it can be done.

Post-Second World war examples show us that this is possible –

Even in circumstances where people had thought it was simply too difficult to achieve.

What is vitally important is that every country and every international organisation plays its role in making this happen –

Within their respective mandates, and in complement to one another.

Justice is the goal here.

And it is by working together that we will be best placed to deliver it.

This is the Council of Europe’s approach –

And I was glad to discuss it with President Zelenskyy earlier this month during my most recent visit to Ukraine.

There, I again saw the appalling damage inflicted on the country –

And, more importantly, the terrible suffering of civilians.

The courage and fortitude of the Ukrainian government, military and people are something to admire.

Our responsibility is to stand with them.

And I am determined that we will not fall short.

I look forward to the day when Ukraine is safe and secure –

Thriving in independence, sovereignty, and territorial integrity –

Within its internationally recognised borders.

This is what justice looks like.

And it worth every effort.

Vienna 20 April 2023
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