From 20 to 22 April 2015, the Campaign for the Rome Statute of the ICC conducted a field mission to Kyiv to engage with Members of the newly elected Verkhovna Rada (Parliament of Ukraine) for the purpose of introducing the vision and goal of PGA, with particular reference to the fight against impunity for the most serious crimes of international concern and the ratification of the Rome Statute of the International Criminal Court (ICC), which the previous Legislature had unanimously supported in the context of the adoption of the EU-Ukraine Association Agreement in September 2014. PGA Staff utilized this mission to meet with relevant stakeholders from academia, government and civil society, especially actors involved in the Constitutional amendments’ process that may be instrumental to ratification.

At the time of this field mission, Ukraine is at a pivotal point in its legislative reform and the first constitutional amendments shall be voted on by the end of June. The amendment of Article 124 of the Constitution on judicial sovereignty would allow the ratification of the Rome Statute and remains a very important yet sensitive issue for the Ukrainian Government due to the existing conflict with separatists in the Eastern parts of the country. The PGA Senior Program Officer for International Law and Human Rights also participated in a Seminar in the Parliament on the lessons-learned from Georgia’s ratification of the ICC Statute, where crucial relationships were built towards new PGA Members and partners from Civil Society organizations on the ground. The Seminar was co-organized by the Human Rights Committee and the leading Ukrainian NGO “Center for Civil Liberties”.

The relevance of the ratification of the Rome Statute to the Ukrainian crisis was discussed during a meeting with several stakeholders including Ukrainian Parliamentarians, representatives of Government, the Diplomatic community and civil society. The PGA envoy was able to have informative exchanges with Ms. Oksana Syroid, MP Deputy Speaker of the Rada, Mr. Hryhoriy Nemyria, MP Chairman of the Committee on Human Rights, National Minorities and International Relations (who joined PGA), Ms. Hanna Hopko, MP Chair of the Foreign Affairs Committee (who joined PGA) and Mr. Vitali Kuprii, MP Deputy Committee Chair on Legal Drafting for Law Enforcement Activity and Drafter of the Law 1788 on Constitutional Amendments (who also joined PGA).

In a number of bilateral consultations with Members of Parliament and members of the Constitutional Commission working on amending the Ukrainian Constitution, such as Prof. S. Holovaty, Former Minister of Justice (former PGA Member), and currently Member of the Constitutional Committee as well as the Deputy Chair revising the Constitution, Mr. Victor L. Musiyaka (former PGA Member), all stakeholders expressed in the course of vibrant conversations their support towards PGA’s work. The outcome of this mission was very positive: 13 MPs joined the global PGA membership and PGA is looking forward to follow-up with the organization of an event to enhance the level of awareness and understanding on the ratification of the Rome Statute in the Verkhovna Rada.

Progress in the Constitutional reform process is a precondition to achieve ratification of the Rome Statute by Ukraine, in light of the relevant jurisprudence of the Constitutional Court.

While the Executive retains the authority to submit to Parliament a Bill concerning the ratification of this international treaty, the creation of a strong group of PGA Members in Ukraine may strategically bolster the success of the ratification campaign.

Ukrainian MPs’ interest in the international criminal justice is centered on the principle of complementarity that attributes to National jurisdictions the primary responsibility to bring to justice alleged perpetrators of international atrocities.

During consultations held on the occasion of this Field Mission, Ukrainian policy-makers expressed a firm position in support of the ICC membership also because they believe that it may have a positive spill-over effect towards addressing other Rule of Law issues in a nation that has embarked into political and legal transformations aimed at reinforcing its role as a law-abiding country contributing to the establishment of a rules-based international order. Ukrainian Members of PGA are committed to prevent and repress all crimes under international law, including the crime of aggression, especially when committed within the territories of Ukraine, as recognized under International Law.