The Ukrainian Parliament recently ratified the Rome Statute, paving the way for the country’s official accession to the International Criminal Court (ICC).
This decision, welcomed by Amnesty International, marks an important step in the quest for justice for the crimes under international law perpetrated during the Russian invasion. However, Ukraine’s reservations about the ICC’s jurisdiction raise concerns about the integrity of the judicial process. Erika Guevara Rosas, Executive Director of Research, Advocacy, Policy and Campaigns at Amnesty International, reacted positively to the announcement. “Ukraine’s ratification of the Rome Statute is a significant development, demonstrating the government’s commitment to accepting the obligations of ICC member states. It represents a crucial step towards justice for victims of crimes committed during the Russian-Ukrainian conflict,” she said.
However, a controversial point accompanies this ratification: Ukraine has introduced a declaration stipulating that it will not, for seven years, accept the ICC’s jurisdiction over war crimes allegedly committed by its nationals. According to Guevara Rosas, this limitation “contravenes the fundamental principles of international justice”. It could also complicate current and future ICC proceedings, creating legal uncertainty and a possible hindrance to the investigation of crimes committed in Ukraine. Amnesty International therefore calls on Ukraine to reconsider this position. “Justice cannot be selective. Although ratification is a step in the right direction, it is imperative that Ukraine renounce this restriction in order to guarantee the integrity of the ICC’s efforts and to fully respect the principles of international justice,” stressed Guevara Rosas.
The Ukrainian Parliament ratified the Rome Statute on August 21, almost 24 years after signing it in 2000. This decision follows two previous statements in which Ukraine recognized the ICC’s jurisdiction to investigate crimes committed on its territory from November 2013. However, the new national law includes a reference to article 124 of the Statute, which allows a state to exclude the ICC’s jurisdiction over war crimes for a period of seven years, a provision that has been widely criticized and rarely used. Although this clause was deleted by the States Parties to the Statute in 2015, it remains in force until the corresponding amendment has been ratified.
Amnesty International strongly opposes the use of this exception, believing that it runs counter to the fundamental aim of the Rome Statute: to combat impunity for war crimes. Ukraine will officially become a member of the ICC within 60 days of depositing its instrument of ratification with the United Nations. However, until the issue of jurisdiction over war crimes is fully resolved, the effectiveness of international prosecutions in Ukraine could remain compromised.
