Ukraine ratifies the Rome Statute: why it is important

The Ukrainian president has submitted a draft law on ratification of the Rome Statute and its amendments to the Verkhovna Rada. Today the Verkhovna Rada of Ukraine ratified the Rome Statute of the International Criminal Court.

281 deputies voted in favour. By doing so, Ukraine fulfils one of the requirements of European integration, Ukrainians who suffered from Russian aggression will have simplified access to the ICC Trust Fund, which will give them a chance to receive compensation. Kiev will be able to participate in the election of ICC judges and nominate its candidates.

With the ratification of the Rome Statute, Ukraine has made another step towards EU accession, the head of the MHS Kuleba commented on the ratification

By taking this step, Ukraine demonstrates its unwavering commitment to strengthening international justice. Ukraine is already effectively co-operating with the ICC to ensure comprehensive accountability for Russian atrocities committed during the Russian aggression," the Minister stressed.

Prosecutor General Andriy Kostin also spoke about the ratification of the Rome Statute:

A historic moment. Parliament has passed a bill on ratification of the Rome Statute of the International Criminal Court.

Ukraine has been recognising the jurisdiction of the Court for more than 10 years. Ukrainian prosecutors co-operate with the ICC on a daily basis. Now we will have a voice in the decisions that determine its activities.

For Russia, disregarding the law and morality is a deliberate policy. Ukraine, on the other hand, is defending itself and taking all measures to comply with the norms and principles of international law. Today we have once again proved our commitment to the values of the free world.

Why is this necessary?

1. Punishment of Russian criminals:
   Ukraine's participation in the ICC will increase the effectiveness of this court in matters concerning crimes committed by Russian citizens on the territory of Ukraine. Ukraine will be able to actively influence the prioritisation of its cases before the ICC. Arrest warrants have already been issued for a number of high-ranking Russian officials, including Putin, Shoigu and Gerasimov. Ukraine's full participation in the ICC will speed up investigations and open new cases, helping to ensure fair punishment for all those responsible.

2. Protecting Ukraine's interests at the ICC:
   Ratification will allow Ukraine to participate in the ICC Assembly of States Parties, shape the court's policies, nominate its candidates for judges, and approve the allocation of the court's budget, which will ensure that crimes committed in Ukraine are properly investigated. It will also provide an opportunity to influence the election of ICC judges and prosecutors and to participate in the drafting of amendments to the Rome Statute, which is important for the protection of the Ukrainian military.

3. European integration and fulfilment of international obligations:
   Ratification of the Rome Statute is part of Ukraine's obligations under the Association Agreement with the EU and a necessary step for accession to the bloc. It is also a condition of a number of international agreements signed by Ukraine, including treaties with the Netherlands and Germany. The move will reaffirm Ukraine's commitment to its international obligations.

4. Compensation for affected Ukrainians:
   Ukraine's full participation in the ICC will make it easier for citizens to access the special ICC Trust Fund for Victims and increase the chances of receiving compensation for crimes committed by the Russian occupiers.

5. Protection of Ukrainian military personnel:
   Ratification will not pose a risk for the prosecution of the Ukrainian military, as Ukraine has already accepted the jurisdiction of the ICC since 21 November 2013. Furthermore, under the principle of complementarity, the ICC can only intervene if national courts are unable or unwilling to investigate international crimes.

Ukraine ratified the Rome Statute with an Article 124 declaration, which will limit the ICC's jurisdiction over war crimes against Ukrainian citizens for 7 years after ratification.

Background

The Rome Statute of the International Criminal Court is an international treaty that established the International Criminal Court. It was adopted at a diplomatic conference in Rome on 17 July 1998 and entered into force on 1 July 2002.