Thank you, Chairs,
I have the honour to speak on behalf of the following EU Member States: Austria, Belgium, Bulgaria, Croatia, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Cyprus, and also, on behalf of the following participating States that joined this statement: Ukraine, Albania, Andorra, Bosnia and Herzegovina, Georgia, Iceland, Liechtenstein, Moldova, Montenegro, Norway, North Macedonia and San Marino.
1. Chairs, the European Union and its Member States commend the French FSC Chairpersonship and the Swiss Chairpersonship-in-Office for holding this important Security Dialogue on the OSCE Code of Conduct on Politico-Military Aspects of Security and the particular focus on Treatment of Prisoners of War, Obligations and Responsibilities, a topic which merits continuous discussion here. We also thank the keynote speakers for their insightful perspectives.
2. The Code of Conduct is a fundamental and unique OSCE document providing normative, ethical and political standards to guide all participating States. Its strength lies in addressing both inter-state matters and intra-state mechanics controlling armed forces, including ensuring democratic control and parliamentary oversight. It is crucial to emphasise that the commitments outlined in the Code of Conduct over 30 years ago remain vital, and all participating States have a responsibility to implement them in both letter and spirit.
3. In this context, Russia’s war of aggression against Ukraine is contradictory to its engagement in the Code of Conduct, and violates international law, including international humanitarian law, and the core principles of this organisation contained in the Helsinki Final Act.
4. Against this backdrop, we underline that agreeing to paragraph 31 of the Code of Conduct, participating States have assumed responsibility to ensure that their armed forces personnel exercise command authority in accordance with relevant national as well as international law and are made aware of their individual accountability under those laws.
5. The Code unequivocally stipulates that no order may be given that is contrary to national or international law. Moreover, the responsibility of superiors does not exempt subordinates from any of their individual responsibilities.
6. Furthermore, paragraph 34 of the Code specifies that each participating State will ensure that its armed forces are, in peace and in war, commanded, manned, trained and equipped in ways that are consistent with the provisions of international law and its respective obligations and commitments related to the use of armed forces in armed conflict.
7. In addition to the Code of Conduct, this Organisation also has other tools directly applicable in the context of today’s topic. As also identified in your concept note, the Moscow Mechanism Report on possible violations and abuses of international humanitarian and human rights law, war crimes and crimes against humanity, related to the treatment of Ukrainian POWs by the Russian Federation of September 2025 mentions that the Russian Federation systematically denies combatant status to members of the Ukrainian armed forces, and those hors de combat POW-protection, designating them ‘persons detained for countering the special military operation.’
8. The report found systematic violations of IHL and IHRL of Ukrainian POWs, including arbitrary killings and executions, torture, ill-treatment, denial of fair trial rights, and unsafe detention and transfer conditions. The report states that executions often follow upon surrender, that public statements by Russian officials encourage summary executions and foster impunity, and that the arbitrary killings in detention reflect a systematic pattern. As the report indicated, these violations may constitute war crimes and, in some cases, crimes against humanity. We are very concerned by the Mission’s conclusions and request accountability, reparations, and continued international monitoring to ensure respect for international law and the rights of Ukrainian POWs. We call on Russia to abide by its international obligations in the treatment of those still detained.
9. ODIHR’s interim reports also make crucial contributions to documenting violations of IHL and IHRL related to the treatment of Ukrainian prisoners of war. The most recent report from December 2025 highlights that all POWs interviewed by ODIHR reported being subjected to torture, indicating its widespread and systematic use by the Russian authorities.
10.We reiterate that, all participating States have to comply to all their international obligations, including regarding IHL and IHRL, as well as implement their OSCE commitments on human rights and the rule of law. We remind all participating States of the commitments they have made to abide by the principles of the Code of Conduct.
Thank you, Chairs