Ukraine: Parliament ratifies International Criminal Court Statute but “will not recognize it for crimes committed by its citizens”

ROMA – Yesterday, August 21, the Kiev Parliament approved the ratification law of the Rome Statute of the International Criminal Court, already signed in 2000. Ukraine will thus officially become a State Party to the Statute of Rome the first day of the month following the 60th day after the instrument of ratification has been deposited with the United Nations.

The appreciation. “We appreciate Ukraine’s decision to ratify the Rome Statute,” said Erika Guevara-Rosas, Director of Research and Campaigns at Amnesty International – is a fundamental step towards justice for the victims of crimes under international law committed during the war with Russia. It is also a sign of the government’s willingness to accept the rights and obligations that concern the member states of the Court”,

And the criticism. The law approved by the Ukrainian Parliament, however – as stated in a document released by Amnesty – contains a statement that, for seven years from the effective entry into force of the ratification, Ukraine “will not recognize the jurisdiction of the International Criminal Court” over war crimes “when, presumably, committed by its citizens”. “All this – + the assessment of Amnesty International – is contrary to the fundamental principles of international justice. In practice, it risks creating uncertainty in the Court’s current and future proceedings and potentially conflicting with Ukraine’s previous declarations granting the Court jurisdiction over crimes committed on its territory since 20 February 2014. Furthermore – Guevara-Rosas asks – will the exception relating to Ukrainian nationals still allow the Court to have jurisdiction over alleged war crimes committed by Russian or other nationals in Ukraine? This ambiguity could impede prompt and effective investigations by the Court”.