With President Volodymyr Zelensky’s signing of a new law to ratify the Rome Statute – the treaty that established the International Criminal Court (ICC) – Ukraine has taken a key step towards becoming a State Party of the ICC.

Dr Mark Ellis, Executive Director of the IBA, said: ‘We cannot overstate the importance of Ukraine’s progress towards becoming the 125th State Party of the ICC. For all of the Ukrainians who have been pushing for accountability for the grave crimes committed in their country since 2014, including for Ukraine to formally join the ICC, their efforts are bearing fruit. Ukraine’s membership and the requirements for the country to implement the Rome Statute domestically will strengthen Ukraine’s legal system and its ability to cooperate within the Rome Statute system.’

Currently, the ICC has jurisdiction over the situation in Ukraine through two declarations made in 2014 and 2015. The ICC has already issued a number of arrest warrants in the Ukraine Situation, including for President Vladimir Putin of Russia. Ukraine is also conducting numerous war crimes trials domestically.

Dr Ellis further stated, ‘Ukraine’s active role in prosecuting war crimes domestically is consistent with the ICC’s principle of complementarity. This means that ICC States Parties – soon to include Ukraine – should take the lead in prosecuting crimes that may fall within their jurisdiction. The ICC remains the court of last resort and intervenes only when States Parties are unable or unwilling to do so. We do not doubt that Ukraine will continue to handle the majority of cases in its legal system. The IBA will continue to support Ukraine to ensure that these trials meet the requisite standards of fairness.’

The IBA continues to work jointly with the Ukrainian government and legal profession on multiple initiatives to support the legal system and strengthen domestic accountability for war crimes.

Ukraine’s current grant of limited jurisdiction to the ICC does not confer the rights and obligations of a State Party on Ukraine. When Ukraine becomes a State Party, as a member of the Assembly of States Parties, it will be able to nominate and vote on judges and elected officials, vote on the Court’s annual budget, and contribute to policy discussions that help shape the ICC’s work. It will also be obligated to pass implementing legislation to bring the Rome Statute crimes into Ukraine’s legal system. The IBA has produced a Guide for States Parties which addresses State Party obligations under the Rome Statute and provides detailed legislative recommendations.

Discussions will also continue about the potential impact of the law’s inclusion of an exception to the ICC’s jurisdiction under Article 124 of the Statute. This reservation, put in place by Rome Statute negotiators as a transitional measure, removes the ICC’s jurisdiction over Ukrainian nationals for war crimes for a period of seven years.

Kate Orlovsky, Director of the IBA ICC & ICL Programme, said: ‘Ukraine’s next steps are critical. Ukraine should ensure that its implementing legislation meets the highest standards possible, to support domestic proceedings that will continue for decades to come. This has become all the more important in light of the Article 124 exception, which puts additional pressure on Ukraine’s legal system to continue investigating and prosecuting war crimes that may have been committed by its own nationals.’

The Rome Statute will enter into force for Ukraine on the first day of the month after the 60th day following the date the law was deposited with the Secretary-General of the United Nations. This will happen after the Ukrainian Parliament (Verkhovna Rada) has adopted the implementing legislation, which is currently under consideration in draft form.

ENDS

Notes

1. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.

2. The IBA commenced the International Criminal Court and International Criminal Law (ICC & ICL) Programme in 2005. Since its establishment, the IBA ICC & ICL Programme has contributed to the development of international criminal justice through monitoring and analysing issues related to fairness and equality of arms at the ICC, and through conducting outreach to deepen the understanding of the place of the ICC within the broader landscape of international justice and in particular contexts. The Programme works to increase cooperation with and support for the ICC and other accountability efforts, with the goal of strengthening the Rome Statute system globally and achieving fair, effective, and accessible justice for victims of genocide, crimes against humanity, war crimes, and aggression.

   The Programme also acts as the interface between the Courts and the global legal community. As such, special focus is placed on monitoring emerging issues of particular relevance to lawyers and collaborating with key partners on specific activities to increase engagement of the legal community on ICC and ICL issues.

   Based in The Hague, the IBA ICC & ICL Programme consults and engages with court officials, state representatives, civil society organisations, academics, and international lawyers.

For further information please contact:

Kate Orlovsky
Director, The Hague Office
International Bar Association
Nassaulaan 19
2514 JT The Hague
The Netherlands

Mobile: +31 (0) 70 737 0686
Email: kate.orlovsky@int-bar.org
Website: www.ibanet.org

Romana St. Matthew - Daniel
Press Office
International Bar Association
Chancery House
53-64 Chancery Lane
London WC2A 1QS
United Kingdom

Direct Line: +44 (0)20 7842 0094
Email: romana.daniel@int-bar.org
Website: www.ibanet.org

Website page link for this news release:
Short link: https://tinyurl.com/dx2t2ekm
Full link: https://www.ibanet.org/Ukraine-solidifies-commitment-to-accountability-with-Rome-Statute-law