Ukraine prepares to join the International Criminal Court

Ukraine is taking an important step towards becoming a member of the International Criminal Court (ICC), a milestone in the advancement of global justice. Election go through National and International Human rights group. Ukraine’s government should ensure continued membership while removing legal restrictions that could shelter war criminals.

On August 21, 2024, the Ukrainian parliament approved a law, which was subsequently signed by President Zelensky on August 24, providing for the ratification of the Rome Statute, the founding treaty of the International Criminal Court. Article 124Allows the government to limit the jurisdiction of the courts War crimes It is valid for seven years after approval.

“Zelensky supports the will of the Ukrainian parliament to become a full member of the International Criminal Court, which is a positive step in building a global system of accountability for the most serious crimes,” Zelensky said. Liz Evanson“However, the limitations of the law risk allowing perpetrators to escape justice and fall short of the level of commitment that would be expected from full ICC membership.”

Ukraine needs to take more steps to join the court. The ratification law will only come into force after parliament passes the relevant bill, also submitted by President Zelensky, which involves incorporating the Rome Statute into Ukraine’s national legislation. The Ukrainian government will then need to formally deposit the instrument of ratification with the United Nations in New York. After 60 days, the Rome Statute will enter into force for Ukraine on the first day of next month.

The treaty officially came into force 10 years after Ukraine accepted it. Court Jurisdiction, on a specific basis, by two statementUkraine’s previous acceptance of jurisdiction is the basis for the court’s ongoing investigation, which has so far Yield Russian President Vladimir Putin and six others charged with war crimes Crimes against humanity.

Ukraine will become the 125th member of the International Criminal Court. Armenia ratification in 2023. This would mark another important step for the Court in making the treaty universal and influential, which is crucial for establishing Global system to end impunity Human Rights Watch said: Full Member of the CourtUkraine will join the Treaty and become a member of the Assembly of States Parties to the Court, with the right to participate in the election of the Prosecutor and judges of the International Criminal Court, the formulation of the Court’s budget, and efforts aimed at strengthening the Court’s effective performance of its duties, including strengthening national support. Ratification of the Treaty is also a necessary condition for Ukraine’s accession to the European Union.

The reference in Article 124 of the Law raises Concerns Human Rights Watch said Ukraine is committed to ensuring that all victims have access to justice. The law is designed to avoid the court’s jurisdiction over war crimes because they are allegedly committed by Ukrainian nationals. This limitation could be achieved if the government files a so-called Article 124 declaration after approval.

Only two other ICC member states—France and Colombia—have used the clause, and both have now rescinded or are no longer in force. In 2015, the ICC Assembly of States Parties adopted an amendment to remove Article 124 of the Rome Statute, but the amendment has not been ratified by enough member states to enter into force.

While the text of the bill seeks to exclude Ukrainian nationals from the Court’s jurisdiction, Article 124 refers to war crimes “committed by nationals of (a Contracting State) or on its territory.” No other state has attempted to use Article 124 in this way. The Court has jurisdiction over war crimes, crimes against humanity and genocide committed on its territory by nationals of a Contracting State or by other states that have accepted the Court’s authorization.

Ukraine’s attempt to protect its own nationals while maintaining the ICJ’s jurisdiction over other countries is at least inconsistent with the spirit of the Rome Statute, which seeks to apply the rule of law equally. The selective accountability approach has fueled growing criticism of the ICJ. Double standards of the country Human Rights Watch said the U.S. government’s disrespect for international law risks undermining the credibility of the global system.

ICC member states should call on Ukraine to take the necessary steps to ratify the treaty without violating Article 124. The EU should insist that, in the context of Ukraine’s accession to the EU, ratification of the treaty is possible without making an Article 124 declaration. Action should also be taken quickly Ratify the 2015 amendments that will permanently delete Article 124 of the Treaty.

Human Rights Watch said that despite these limitations, Ukraine’s decision to actively pursue membership of the ICC sends a strong signal about the importance of the ICC, which is facing multiple threats and attacks on its staff. Issue arrest warrant Targeting the ICC Prosecutor and six ICC judges release An arrest warrant has been issued for President Vladimir Putin. Russian lawmakers have also issued Laws criminalizing collaboration and the International Criminal Court.

Recently, Karim Khan, the prosecutor of the International Criminal Court Announce On May 20, the U.S. House of Representatives said it was seeking arrest warrants for two senior Israeli officials and three Hamas leaders. Passed A bill that would impose sanctions on court officials. Israeli Prime Minister Benjamin Netanyahu called on governments to prevent the court from issuing arrest warrants. The ICC’s 94 member states have Declared In the face of these threats, they have “unwaveringly” supported the court.

Under the so-called “principle of complementarity,” the ICC can only exercise jurisdiction when a state is unwilling or unable to investigate and prosecute these serious crimes. Ensuring fair trials for serious violations is first and foremost the responsibility of the state whose nationals are suspected of committing them.

Instead of limiting the jurisdiction of the ICC, Ukraine should prioritize efforts to fully align its domestic legislation with the Rome Statute and international law, including by incorporating provisions to effectively investigate and prosecute genocide, crimes against humanity, and war crimes in domestic courts, and ensure that the country’s domestic criminal system is complementary to the ICC. The Ukrainian parliament should swiftly review, strengthen, and adopt implementing legislation to ensure that the ratification process moves forward.

“While this long-awaited ratification should be cause for celebration, the restrictions introduced in the law send a worrying message that Ukraine wants to pick and choose who will stand trial for serious crimes,” Evenson said. “There is still time for Ukraine to insist on equal justice and ratify the statute without restrictions.”