Ukraine: Ratify Rome Statute, Ensure Accountability For Atrocity Crimes

(KYIV, August 15, 2024) — The Parliament of Ukraine should vote to ratify the Rome Statute and become a full member of the International Criminal Court (ICC), Fortify Rights said today. A vote on whether Ukraine should become the 125th ICC Member State is expected to occur in the Verkhovna Rada—the Ukrainian Parliament—later this month.

“Full ICC membership is the logical next step for accountability in Ukraine,” said Vyacheslav Likhachev, Human Rights Associate at Fortify Rights. “Ukrainian authorities have already recognized the jurisdiction of the ICC for more than a decade, since the very beginning of Russian aggression. Ratifying the Rome Statute would send a strong signal of Ukraine’s commitment to international accountability for atrocity crimes.”

On August 15, the Ukrainian president submitted to the parliament two bills related to the ratification of the Rome Statute, the ICC’s founding treaty: one on ratification of the statute and another to harmonize Ukraine’s domestic legal framework with the Rome Statute.

Ukraine’s journey towards ratification of the Rome Statute began on January 20, 2000, when Ukraine signed the Rome Statute and, in 2016, amended its Constitution, allowing for its full ratification.

Since the start of Russian aggression in Ukraine, Ukrainian authorities have further deepened their cooperation with the ICC, twice accepting the court’s jurisdiction. On April 9, 2014, Ukraine accepted the ICC’s jurisdiction under Article 12(3) of the Rome Statute pertaining to acts committed in Ukraine from November 21, 2013, to February 22, 2014. On September 8, 2015, Ukraine extended the court’s jurisdiction to focus on alleged crimes committed throughout Ukraine from February 20, 2014, onwards. Article 12(3) of the Rome Statute allows non-ICC member states to accept the jurisdiction of the Court.

Applying this jurisdiction, on March 17, 2023, ICC judges issued arrest warrants for President Vladimir Putin and Maria Alekseyevna Lvova-Belova, Russia's Children’s Rights Commissioner, accusing them of the war crimes of “unlawful deportation of population and…unlawful transfer of population from occupied areas of Ukraine to the Russian Federation, in prejudice of Ukrainian children.” On June 24, 2024, the ICC also issued arrest warrants for former Russian Defense Minister Sergei Shoigu and Deputy Defense Minister Valery Gerasimov, for responsibility for war crimes related to missile strikes by Russian forces against the Ukrainian electric infrastructure from October 2022 through March 2023.

“The ICC is one of the only avenues to bring Russia’s leaders to justice for their crimes in Ukraine,” said Vyacheslav Likhachev. “Rome Statute ratification provides the best opportunity for Ukrainians to see justice for the horrific crimes committed against them.”

For several years, Ukrainian civil society organizations have advocated for Ukraine to ratify the Rome Statue. In that time, the Ukrainian government has made some progress in aligning domestic legislation with international law. In 2022, for example, Ukraine adopted changes in its Criminal Code, allowing for cooperation with the ICC.

Ratifying the Rome Statute will further harmonize Ukrainian national legislation with international law, said Fortify Rights. It would require Ukraine to incorporate the court’s definitions of war crimes, genocide, and crimes against humanity into its domestic legal framework, closing gaps related to the scope and prosecution of these serious crimes. Ratifying the Rome Statute would also strengthen protections for survivors of atrocities, including through compensation, restitution, and rehabilitation, which are not fully addressed in Ukrainian law.

“Protecting the interests of survivors and relatives of victims is as important as punishing the perpetrators,” said Vyacheslav Likhachev. “Ratification of the Rome Statute serves both Ukrainian national interests and the interests of justice.”

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