Ukraine commits to ICC with Rome Statute ratification
By Law News
Ukraine made a significant stride toward international accountability with President Volodymyr Zelensky's signing of a law to ratify the Rome Statute, the treaty that established the International Criminal Court (ICC)
This move positions Ukraine to become the 125th State Party of the ICC, a development that strengthens the country's commitment to prosecuting grave international crimes and cooperating with the ICC's judicial processes.
Dr. Mark Ellis, Executive Director of the International Bar Association (IBA), emphasised the importance of Ukraine's progress. "We cannot overstate the significance of Ukraine’s commitment to join the ICC. For many Ukrainians advocating for justice since 2014, this represents a major victory. Ukraine’s accession will enhance its legal framework and its ability to collaborate within the Rome Statute system," Dr. Ellis stated.
Currently, the ICC has jurisdiction over the situation in Ukraine through two declarations made in 2014 and 2015. This jurisdiction has already led to several arrest warrants, including one for Russian President Vladimir Putin. Additionally, Ukraine is actively prosecuting war crimes domestically, reflecting its ongoing efforts to address international crimes on its own soil.
Dr. Ellis highlighted Ukraine’s alignment with the ICC’s principle of complementarity, which holds that the ICC intervenes only when national jurisdictions are unable or unwilling to prosecute crimes. “Ukraine's commitment to prosecuting war crimes domestically is in line with ICC principles. The ICC will act as a court of last resort, and we trust that Ukraine will continue to handle most cases within its own legal system,” he said.
The IBA continues to support Ukraine's legal reforms and efforts to uphold high standards of justice. As a future State Party, Ukraine will gain voting rights on the ICC’s judges and budget and will contribute to policy discussions shaping the ICC’s work. However, the IBA has noted the importance of Ukraine passing implementing legislation to fully integrate Rome Statute crimes into its legal system.
An important aspect of the ratification includes a reservation under Article 124 of the Statute, which temporarily exempts Ukraine from ICC jurisdiction over war crimes committed by its nationals for seven years. Kate Orlovsky, Director of the IBA ICC & ICL Programme, stressed the need for Ukraine to ensure its implementing legislation meets high standards to support long-term domestic proceedings.
The Rome Statute will come into effect for Ukraine on the first day of the month following the 60th day after the law is deposited with the Secretary-General of the United Nations. This will occur once the Verkhovna Rada, Ukraine’s Parliament, adopts the implementing legislation currently under review.