Ukraine is moving closer to ratifying the Rome Statute, a significant international treaty that established the International Criminal Court (ICC) in The Hague. President Volodymyr Zelenskyy recently submitted a draft law to the Verkhovna Rada, 24 years after Ukraine initially signed the document. This move could soon make Ukraine a full member state of the ICC, providing the country with new legal tools to address the war crimes being committed on its soil.
What Is the Rome Statute and the ICC?
The Rome Statute, signed by 120 countries in 1998 and effective since 2002, is the foundational treaty of the ICC. The ICC is responsible for investigating and prosecuting individuals accused of the gravest crimes of international concern: genocide, war crimes, crimes against humanity, and crimes of aggression. The statute clearly outlines these crimes in its text—Articles 6 through 8 bis—defining the ICC’s jurisdiction over them.
Why Has Ukraine Not Ratified the Rome Statute Until Now?
Despite signing the Rome Statute, Ukraine has not ratified it, mainly due to concerns about national sovereignty and the potential implications for Ukrainian officials and military personnel. However, Ukraine’s Association Agreement with the European Union (EU) obliges it to ratify the statute, aligning its legal framework with that of the EU member states. Notably, all EU member states have ratified the Rome Statute, as have most EU membership candidates, with the exception of Turkey and Ukraine.
Legislative Changes Accompanying Ratification
Alongside the ratification law, President Zelenskyy submitted a draft amendment to Ukraine’s Criminal Code and Criminal Procedure Code. These amendments are necessary to harmonize Ukrainian law with the ICC’s jurisdiction over the four main types of crimes it prosecutes. For example, Ukraine’s Criminal Code already includes Article 442 on genocide, but the proposed amendment would expand this to cover actions intended to destroy a group through mental harm, in line with ICC definitions.
What Will Ratification Bring to Ukraine?
Ratifying the Rome Statute will offer Ukraine several critical advantages, especially in the context of the ongoing war with Russia:
Enhanced Legal Mechanisms: Ukraine will gain access to the ICC’s full range of legal tools, allowing for more effective prosecution of Russian war crimes. While Ukraine can already engage with the ICC, ratification would provide it with direct influence over the Court’s operations, including the ability to initiate cases and prioritize its concerns.
Increased ICC Effectiveness: With full membership, Ukraine can strengthen the ICC’s efforts to prosecute Russian war criminals, enhancing the Court’s capacity to issue arrest warrants and pursue justice on behalf of Ukrainian victims.
Fulfillment of EU Obligations: Ratification will fulfill Ukraine’s commitments under the EU Association Agreement, bringing it closer to EU membership and aligning its legal system with European standards.
Greater Compensation for Victims: Ukrainian victims of war crimes may have better access to compensation through the ICC’s Trust Fund, which supports victims of crimes under the Court’s jurisdiction.
Active Participation in the ICC: Ukraine will be able to nominate judges, participate in the selection of judges, and influence the Court’s agenda, including advocating for the inclusion of ecocide as a crime under the ICC’s jurisdiction.
As Ukraine continues to navigate the challenges of wartime, ratifying the Rome Statute will provide the country with a stronger legal foundation to seek justice for the atrocities committed against its people and hold Russian perpetrators accountable on the global stage.
