Beginning January 1, 2025, Ukraine will enjoy the full rights and obligations of membership, including participation in the ICC’s governance and judicial processes.
1. Significance of Ukraine’s Accession
Full Membership:
From January 1, 2025, Ukraine gains the same status as all existing ICC member states. It can propose amendments to the Rome Statute, vote on budgetary matters, and participate in elections for ICC judges and the ICC Prosecutor.Symbolic Step:
A Ukrainian flag has now been placed among the flags of other ICC member states at the Court’s headquarters. ICC spokesperson Fadi El-Abdallah expressed hope that Ukraine’s ratification will inspire other nations to join, moving closer to the Rome Statute’s ideal of “universality” in international criminal justice.
2. New Rights and Obligations
Decision-Making Influence:
As a member, Ukraine can help shape the future of the Court by voting on amendments, budget allocations, and the election of key ICC officials such as judges, the Prosecutor, and Deputy Prosecutors.Financial Contributions:
Like other ICC member states, Ukraine must begin contributing to the Court’s budget, proportionate to its economy and population. The ICC’s total annual budget is approximately 190 million euros, shared among states on a sliding scale.Prohibition of Retroactive Cases:
Although Ukraine has recognized the ICC’s jurisdiction in recent years, its formal ratification does not entail an entirely new investigation. Prior declarations had already enabled the ICC Prosecutor to open cases involving events in Ukraine.
3. On the Possibility of a Ukrainian Judge
Nomination Rights:
Ukraine can nominate a candidate for ICC judge. However, any nominee must meet rigorous ICC standards, including deep expertise in international or criminal law, eligibility for the highest judicial positions at home, and at least one of the ICC’s working languages (English or French).Election Process:
Every three years, the ICC elects a portion of its judges. Ukraine may submit a nomination in any such election. The Assembly of States Parties (ASP) then votes on which candidates will serve as ICC judges.
4. Scope of the ICC’s Mandate in Ukraine
Jurisdiction Over Individuals:
The ICC prosecutes specific individuals for war crimes, crimes against humanity, and genocide. It does not charge states but can investigate crimes on the territory or by nationals of member states if they fall within the ICC’s jurisdiction.Independent Investigations:
Decisions on opening cases belong to the ICC Prosecutor, who evaluates information, collects evidence, and may request arrest warrants or summonses. Although Ukraine and other states can submit referrals or provide evidence, they cannot initiate ICC prosecutions themselves.Existing Investigation:
Even prior to formal membership, Ukraine recognized the Court’s jurisdiction regarding certain events. An investigation into the situation in Ukraine was already underway, and further charges could follow if the Prosecutor deems them warranted by evidence.
5. Timeline and Next Steps
Immediate Effect:
Ukraine’s formal accession takes effect on January 1, 2025. After that date, it is fully integrated into the ICC framework, with the ability to vote on key decisions and shape the Court’s policies.Ongoing Commitments:
Ukraine now must fulfill responsibilities such as cooperating with the ICC’s investigations, sharing information, executing arrest warrants, and partaking in ICC budgeting. This also includes the obligation to ensure domestic laws align with the Rome Statute.Wider Impact:
ICC spokesperson El-Abdallah underscored that Ukraine’s decision sends a strong signal of trust in the ICC. He expressed hope that other states not yet party to the Rome Statute would follow suit, fostering a collective fight against impunity worldwide.
6. Conclusion
Ukraine’s membership in the ICC represents a milestone in the country’s commitment to international criminal justice. By joining the Rome Statute, Ukraine gains a decisive role in shaping the ICC’s processes and strategies, including budget, amendments, and judicial appointments. At the same time, Ukraine undertakes financial and legal obligations aligned with international standards. With an ongoing ICC investigation into alleged crimes on Ukrainian soil, this step reflects Ukraine’s support for accountability and the rule of law at the global level.
