UKRAINE: RATIFYING THE ROME STATUTE A WELCOME STEP, BUT LIMITATIONS MUST BE ADDRESSED

Responding to the announcement that the Ukrainian parliament has voted to ratify the Rome Statute, paving the way for the country to join the International Criminal Court (ICC), Erika Guevara Rosas, Amnesty International’s Senior Director of Research, Advocacy, Policy and Campaigns, said:

“Amnesty International welcomes Ukraine’s decision to ratify the Rome Statute. Ukraine’s full membership of the ICC is vital for the effective delivery of justice for victims of international crimes committed during Russia’s invasion. It also shows the government’s determination to accept the rights and obligations incumbent on ICC member states.”

Ukraine’s parliament voted on a domestic bill, available on the Parliament’s website, which included a declaration that, for seven years after Ukraine’s ratification comes into effect, Ukraine “does not recognize International Criminal Court jurisdiction” over war crimes “when, likely, the crime was committed by its citizens”.

“Such a declaration runs contrary to core principles of international justice,” said Erika Guevara Rosas. “On a practical level, this limitation risks creating uncertainty for ongoing and future ICC proceedings. This requires resolution by the Court’s judges, as it creates a potential conflict with Ukraine’s previous declaration that granted the ICC jurisdiction over crimes committed in its territory after 20 February 2014, and raises the question as to whether an exception for Ukrainian nationals still allows the Court jurisdiction over alleged war crimes by Russian and other nationals in Ukraine. Such ambiguity might impede a prompt and effective ICC investigation into international crimes committed in Ukraine.”

“Amnesty International welcomes Ukraine’s decision to ratify the Rome Statute. Ukraine’s full membership of the ICC is vital for the effective delivery of justice for victims of international crimes committed during Russia’s invasion. 

Erika Guevara Rosas, Senior Director of Research, Advocacy, Policy and Campaigns, Amnesty International

“The people of Ukraine deserve justice, but effective justice cannot be selective. While welcoming Ukraine’s ratification, Amnesty International calls on Ukraine to urgently reconsider its intention to limit the ICC’s jurisdiction for seven years over alleged war crimes committed by its nationals, both as a matter of principle and to avoid jeopardizing crucial international justice efforts at the Court.”

Background

On 21 August, Verkhovna Rada, Ukraine’s parliament, voted to ratify the Rome Statute of the International Criminal Court (ICC). Ukraine had signed the Statute in 2000.

Ukraine had twice accepted the Court’s jurisdiction over alleged crimes under the Rome Statute occurring on its territory, pursuant to article 12(3) of the Statute. The first declaration lodged by the Government of Ukraine accepted ICC jurisdiction with respect to alleged crimes committed on Ukrainian territory from 21 November 2013 to 22 February 2014. The second declaration extended this time period on an open-ended basis to encompass ongoing alleged crimes committed throughout the territory of Ukraine from 20 February 2014 onwards.

Under Article 124 of the Rome Statute “on becoming a party to this Statute, [a State] may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to [war crimes] when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time.”

Amnesty International has long opposed the use of a declaration under Article 124 as unnecessary and going against the very purpose of the Rome Statute – to end impunity for these crimes. The organization has advocated for deletion of this exception, which was originally included in 1998 as a transitional provision and has only rarely been used. In 2015, the states parties to the Rome Statute decided by consensus to delete Article 124 and urged future member states not to use it; however, this amendment to the Rome Statute has not entered into force yet.

Ukraine will formally become a state party to the Rome Statute on the first day of the month after 60 days have elapsed since Ukraine’s ratification instrument has been deposited with the United Nations Secretary General.