Zelenskyy wants to ratify the Rome Statute: why does Ukraine need it?
15 August 2024 22:00
President of Ukraine Volodymyr Zelenskyy has submitted a draft law to the Verkhovna Rada on the ratification of the Rome Statute. This was reported by "Komersant Ukrainian" with reference to the the draft card of the on the website of the Verkhovna Rada.
According to the president, ratification of the Rome Statute will provide better opportunities to prosecute Russians for their crimes and protect Ukrainian citizens. Moreover, participation in the work of the International Criminal Court is also part of Ukraine’s European integration.
What the draft law says
The document provides for the following
- criminalisation of crimes against humanity;
- introduction of command responsibility. This means that commanders are responsible for the war crimes of their subordinates, even if they did not commit them personally;
- increasing the sentence for the crime of aggression to life imprisonment.
It should be noted that Ukraine signed the Rome Statute on 20 January 2000, but has not yet ratified it. Even though in 2015 the need for ratification was recognised by a decision of the National Security and Defence Council.
Why Ukraine needs to ratify the Rome Statute
As explainediryna Mudra, Deputy Head of the Presidential Office, explained in her Facebook post, ratification of the Rome Statute will provide Ukraine with a number of benefits.
Firstly, Ukraine’s involvement in the ICC will increase the effectiveness of the ICC’s work in relation to Ukraine, and bring to justice those responsible for crimes committed by Russian citizens on the territory of Ukraine.
Secondly, thanks to ratification, our country will be able to
- participate in the Assembly of States Parties to the ICC and shape the ICC’s policy;
- nominate its candidate for the position of a judge;
- approve the allocation of the ICC budget to ensure proper investigation of Russian crimes in Ukraine;
- participate in the election of judges and other elected officials (including the ICC Prosecutor);
- influence the development of amendments to the Rome Statute.
In addition, the ratification of this document is another requirement for Ukraine’s European integration. A number of security agreements already signed with countries also contain provisions on the ratification of the Rome Statute, in particular, with the Netherlands and Germany. Under the terms of security agreements, Ukraine receives military, financial and diplomatic support from its partners, and in return, it conducts reforms and harmonises its legislation.
Also, Ukraine’s full participation in the ICC (which requires ratification) will simplify access for Ukrainians to the ICC’s special Trust Fund for Victims and increase the chances of obtaining compensation for victims of Russian crimes.
“Ratification of the Rome Statute of the International Criminal Court will strengthen Ukraine’s position in the international arena and will allow for better opportunities to prosecute Russians for their crimes and protect Ukrainian citizens,” Mudra concluded.
The Rome Statute: what you need to know about it
The Rome Statute is an international treaty that established the International Criminal Court in The Hague, also known as an international tribunal. The Statute is also the ICC’s charter, and among other things, it establishes the functions, structure and jurisdiction of the court.
The document was adopted at a conference in Rome in 1998, but entered into force four years later. The Rome Statute establishes the ICC as an independent international body with jurisdiction over the most serious crimes against humanity and war crimes.
The court’s jurisdiction extends exclusively to individuals, not to companies or states as a whole.
To date, 123 states have signed and ratified the Rome Statute. Among them:
- 33 African states;
- 19 Asian countries;
- 18 Eastern European countries;
- 28 countries of Latin America and the Caribbean;
- 25 Western European countries.
Another 31 states have signed the Rome Statute but have not ratified it. Two states – Burundi and the Philippines – ratified the Rome Statute but later withdrew from the ICC.
The United States and Russia subsequently withdrew their signatures to the Statute.
