Why has Ukraine ratified the Rome Statute? UBA held a discussion with representatives of the Presidential Office, the Ministry of Foreign Affairs and the Ministry of Justice (VIDEO)
On Wednesday, August 21, the Ukrainian Bar Association held an online event “Ratification of the Rome Statute: Questions and Answers”.
It is symbolic that the event took place on the day of the ratification of this international treaty by the Verkhovna Rada of Ukraine. At the same time, for the Rome Statute to finally enter into force for Ukraine, and for Ukraine to become the 125th state member of the International Criminal Court, the Parliament must still adopt a separate implementing law.
As part of the discussion, representatives of the Office of the President of Ukraine, the Ministry of Foreign Affairs and the Ministry of Justice answered the most frequently asked questions about the ratification of the Rome Statute of the ICC, in particular:
- Why is Ukraine ratifying the Rome Statute?
- Are there any risks associated with ratification for Ukrainians?
- What are the consequences of ratification for the investigation of international crimes?
Iryna Mudra, Deputy Head of the Office of the President of Ukraine, outlined the main reasons why Ukraine decided to ratify the Rome Statute:
- Protection of the Ukrainian military. Ms. Mudra emphasized that, contrary to popular belief, the Rome Statute does not create any additional risks for Ukrainian defenders, as the ICC can already prosecute Ukrainian citizens for actions committed since November 21, 2013. In order to find a compromise between the reservations of the military and the need to send a strong image signal to the world, Ukraine supplemented the ratification of the Rome Statute with a declaration under Article 124 of the Statute. According to this declaration, for 7 years after ratification, the ICC will not have jurisdiction over war crimes if the alleged crime was committed by Ukrainian citizens or on its territory.
- Ukraine's commitments related to EU accession and implementation of security agreements. According to Iryna Mudra, the ratification of the Rome Statute will determine whether Ukraine will be a full-fledged participant in international relations in terms of criminal justice.
- The need to punish Russian war criminals. According to Ms. Mudra, after Ukraine ratifies the Rome Statute, it will be more difficult for other ICC member states to refuse to cooperate and execute arrest warrants for Russian war criminals.
- The need to defend Ukraine's interests in the ICC. The ratification of the Rome Statute turns our country into a full-fledged member of the International Criminal Court, which allows us to participate in the work of the Assembly of States Parties to the ICC, submit issues for its consideration, approve the budget allocation, participate in the selection of judges, prosecutors and other elected officials of the Court, influence the development of amendments to the Rome Statute, etc. In particular, starting from December 2025, the issue of granting the ICC jurisdiction to punish the highest Russian leadership for the crime of aggression against Ukraine will be considered, and Ukraine as a state party will be able to be a leader in the process of discussing these changes to the Rome Statute, Ms. Mudra noted.
“As of now, we have all the responsibilities and risks, but we have no rights at the ICC, so ratification should correct this situation. By seizing the initiative and gaining a voice among the ICC member states, Ukraine strengthens its position and protects its citizens from persecution,” summarized Iryna Mudra.
She also emphasized that Ukraine's full participation in the ICC will make it easier for Ukrainians who have suffered from Russian crimes to access the Court's special trust fund for victims.
The speakers of the event also were:
- Anton Korynevych, Ambassador at Large of the Ministry of Foreign Affairs of Ukraine;
- Zakhar Tropin, Director of the Department of International Cooperation and Representation of the Ministry of Justice of Ukraine;
- Mykola Yurlov, Deputy Director of the Department of International Cooperation and Representation of the Ministry of Justice of Ukraine.
The discussion was moderated by Inna Liniova, the UBA International Operations Advisor.
The event was attended by lawyers, public figures and journalists — 150 people in total. The audience had the opportunity to ask questions to the speakers.
The Ukrainian Bar Association will continue to act as a platform for discussing the most pressing legal issues.
Below you can watch the video of the event (you can use the automatic translation subtitles feature offered by the YouTube player)