CYIL vol. 14 (2023)

CYIL 14 (2023) ESTABLISHMENT OF THE REGISTER OF DAMAGE AS A RESPONSE OF THE COUNCIL … to 2009), in the UN Mission in Kosovo (in 2007) and in the Coalition Provisional Authority in Baghdad (in 2004). He also did his military service in the Czech Army and studied at the Charles University Law School in Prague, J. W. Goethe University Law School in Frankfurt am Main and at the University of Michigan Law School in Ann Arbor. 1. Introduction There is no doubt that Europe woke up to a very different world in the morning of February 24, 2022: to a world, where a permanent member of the UN Security Council manifestly violates the UN Charter, namely the prohibition on the use of force, and where the foundations of international order are challenged. As such, the aggression of the Russian Federation against Ukraine created a “stress test” for the international order, in particular for the international organizations that form its key pillar. The UN played its role through the political condemnation of this aggression by the resolution of the UN General Assembly (hereinafter, the “UNGA”) 2 adopted by a convincing majority of 141 States. The International Criminal Court (hereinafter, the “ICC”) started to investigate new crimes under international law committed in the territory of Ukraine. The EU passed various sanctions against the Russian Federation and its leadership. The Council of Europe – compared to its reaction to the previous aggression of the Russian Federation against Ukraine in 2014, when its Parliamentary Assembly (hereinafter, the “PACE”) only limited rights of representation and participation of the Russian delegation 3 – took a decisive action this time. The Committee of Ministers Deputies (hereinafter, the “CMD”) decided, already on the second day of the invasion, to suspend the Russian Federation from its rights of representation in the Council of Europe in accordance with Article 8 of its Statute 4 , since it was clear that the Russian Federation had seriously violated its obligations under Article 3 of the Statute stating that “[e]very member of the Council of Europe must accept the principles of the rule of law”. The “key principle of the rule of law” at the international level, that was violated by the Russian Federation, was the prohibition on the use of force. As the Russian invasion against Ukraine continued and the first news on war crimes committed by the Russian armed forces spread around the world, the CMD took without further delay another bold step. On March 16, 2022, following a positive opinion of the PACE adopted a day earlier, the Russian Federation was expulsed from the Council of Europe. 5 Subsequently, on September 16, 2022, the Russian Federation ceased to be the High Contracting Party of the European Convention for the Protection of Human Rights and Fundamental Freedoms which meant also the end of jurisdiction of the European Court of Human Rights for possible violations by the Russian Federation after this date. The expulsion of the Russian Federation from the “family” of States based on the rule of law had a strong symbolic significance, mainly for three reasons. First of all, the Council of Europe has been so far the only international organization that expelled the Russian 2 The UNGA Resolution A/RES/ES-11/1, adopted on March 2, 2022, Aggression against Ukraine. 3 The PACE Resolution 1990 (2014), adopted on April 10, 2014, Reconsideration on the substantive grounds of the previously ratified credentials of the Russian Federation. 4 The Decisions of the CMD CM/Del/Dec(2022)1426ter/2.3, adopted on February 25, 2022, Situation in Ukraine – Measures to be taken, including under Article 8 of the Statute of the Council of Europe. 5 The Resolution of the CMD CM/Res(2022)2, adopted on March 16, 2022, on the cessation of membership of the Russian Federation to the Council of Europe.

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