6. The Assembly notes that several countries holding Russian sovereign assets have frozenapproximately US$300 billion in Russian State assets. The frozen Russian State financial assets must bemade available for the reconstruction of Ukraine. States holding these assets should co-operate and transferthem to an international compensation mechanism. Under international law, States possess the authority toenact countermeasures against a State that has seriously breached international law. Now is the time forCouncil of Europe member States to move from sanctions to countermeasures. The Assembly further notesthat countermeasures are intended to induce the offending State to cease its unlawful behaviour or to complywith its obligations arising from that conduct, such as paying compensation for damages caused. TheAssembly emphasises that the legitimacy of the recommended countermeasures remains unassailable withinthe framework of sovereign immunity.

7. The Assembly acknowledges the long-standing influence of certain Russian individuals, also referred toas oligarchs, in both domestic and international politics, shaped by their control over key industries andsubstantial assets abroad. This enabled them to influence various stakeholders in the European countries.Since the beginning of the Russian Federation’s aggression against Ukraine in 2014, a number of enterprisesowned by these individuals have been co-operating with the Russian military-industrial complex. Given thisfact, the European Union, G7 countries and Australia introduced the “Russian Elites, Proxies & OligarchsTask Force” (“REPO Task Force”) in March 2022. The Assembly believes that the member States have towork on a similar mechanism to be able to address this issue.

8. The Assembly recognises the endeavours of the member States in imposing sanctions on Russianindividuals and enterprises who collaborate with the Russian military-industrial complex, particularly those inheavy industries that facilitate the production of various types of lethal weaponry. The Assembly believes thatthe member States should devise mechanisms for monitoring potential violations of the sanction regime,freezing such assets, and subsequently transferring them to the international fund for the reconstruction ofUkraine, all while upholding the principles of international law and respecting private property rights.

9. The Assembly believes that creating, under the auspices of the Council of Europe, an internationalcompensation fund as well as a compensation mechanism, as a separate international instrument mandatedto examine and adjudicate claims and/or pay compensation for damage, loss or injury caused by the RussianFederation’s internationally wrongful acts in or against Ukraine, would provide a structured way to assess andcompensate for the damages suffered by various stakeholders because of Russian Federation’s illegalinvasion of Ukraine. This compensation mechanism should cover a range of losses, including but not limitedto infrastructure damage, environmental impacts, economic losses incurred by companies and investors, andthe costs associated with hosting and supporting those who have been displaced by the aggression, inUkraine and outside.

10. The Assembly acknowledges that Russian politicians, propagandists, oligarchs and other warcollaborators have amassed significant wealth through their close ties to Vladimir Putin’s regime, and havebeen trying to influence the internal politics of the European countries, which makes them accomplices in theRussian Federation’s aggression against Ukraine. To ensure the personal liability of a particular individual,measures such as freezing and confiscating the assets and their allocation to the reconstruction of Ukraineshould be applied. Bearing in mind that certain countries have already introduced new legislation or amendedthe existing one, and in adherence to principles of private property and international law, the member Statesare encouraged to develop legislation and legal mechanisms to confiscate these assets.

11. As the already established Register of Damage undertakes the laborious process of recordingUkrainian losses in preparation for an international claims process, countries that have frozen Russian assetsshould transfer those assets to an international compensation fund. An international commission for theexamination of claims for the damages recorded in the register should be created to effectively address theclaims process.

12. In light of these considerations, the Assembly:

12.1. calls on Council of Europe member States and eligible non-member States to join the Registerof Damage if they have not yet done so;

respect, the Assembly recalls the 2001 Articles on Responsibility of States for Internationally Wrongful Acts, the 2005 UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, and the United Nations General Assembly Resolution A/RES/ES-11/5 of 14 November 2022 “Furtherance of remedy and reparation for aggression against Ukraine”, which recognises the need for the establishment of an international mechanism for reparation.

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