In the context of the possible ratification of the Rome Statute by Ukraine, and with a view to facilitating this process, PGA has organized this week a visit to The Hague and the International Criminal Court by a Delegation of Members of the Verkhovna Rada Ukrainy, the Parliament of Ukraine.
The timing of the Delegation’s visit takes place in the shadow of the tragic crash on July 17, 2014 (International Justice Day) of the Malaysian flight MH17, which caused the death of 298 passengers, including 196 Dutch nationals, and, as happened initially earlier in 2014 in the immediate aftermath of the deadly suppression of protests in Kyiv by the former Government of Ukraine, again sparked significant debate vis-a-vis the possible ratification of the Rome Statue by Ukraine and/or the possibility of issuing another Declaration accepting jurisdiction of the ICC in order to investigate and, if appropriate, prosecute those allegedly responsible for the crash. The serious crimes alleged also to have been committed in the armed conflict taking place in South-East Ukraine have also continued to keep very much alive in Ukraine and in the international community the debate on the need for accountability measures, including ICC Ratification, as tools to prevent further attacks against civilians and to put an end to impunity for alleged war crimes and crimes against humanity.
On 17 April 2014, Ukraine issued a Declaration under Article 12(3) of the Rome Statute. By making this Declaration, Ukraine has accepted the jurisdiction of the International criminal Court (ICC) over crimes allegedly committed on its territory from 21 November 2013 to 22 February 2014. Upon receipt of the Declaration made by Ukraine pursuant to Article 12(3) of the Rome Statute, the Office of the Prosecutor, has opened a preliminary examination into the situation in Ukraine in order to establish whether the Rome Statute criteria for opening an investigation are met. According to Article 53(1) of the Rome Statute, and in making such an assessment, the Prosecutor shall consider issues of jurisdiction, admissibility and the interests of justice.
The Delegation consisted of PGA Member Sergiy Kivalov, Member of the Parliament of Ukraine, Chairperson of Parliamentary Committee on the Rule of Law and Justice, Ukrainian Member of the Venice Commission, Member of the Permanent Delegation to the Parliamentary Assembly of the Council of Europe, and the PACE Committee on Legal Affairs and Victor Pylypyshyn, Member of the Parliament of Ukraine, Member of The Parliamentary Committee on the Rule of Law and Justice. The Delegation was accompanied by Larissa Tkach, Senior Counsel of the Secretariat of the Parliamentary Committee on the Rule of Law and Justice and Rostyslav Gerasymov, Chief Counsel, High Council of Justice of Ukraine, in their capacity as experts.
As a Member of the Parliament of the Netherlands and an active member of PGA, I think it’s an important period in the history of Ukraine and also in the history of institutions like the European Union, the International Criminal Court and NATO. So for us, Dutch Members of Parliament, this is a window of opportunity, a possibility to hear the developments and feelings about these institutions, not from the media and the newspapers, but from Members of Parliament themselves, this has an added value. PGA Member, MP Harry Van Bommel
Would Ukraine had ratified the Rome Statute, 14 years ago when it signed such treaty, current atrocities, might have been prevented. It is therefore, of outmost importance that Ukraine takes this very important step as soon as possible. Ukraine will demonstrate like this its strong and genuine commitment to bring to justice those responsible for the commission of the most serious crimes of international concern. PGA Member, MP Sergiy Kivalov
The visit to the the ICC included meetings with the President, Judge Sang-Hyun Song and the Registrar, Herman von Hebel. Meetings were also conducted with the Deputy Prosecutor James Stewart and the President of the Assembly of States Parties H.E. Tiina Intelmann.
Ukraine signed the Rome Statute on 20 January 2000 and ratified the Agreement on the Privileges and Immunities of the International Criminal Court on 29 January 2007, becoming the first non-State Party - in doing so - to accede to the latter Agreement.
Parliamentarians for Global Action (PGA) is the largest transnational network of Members of Parliaments from all regions of the world who, in their individual capacity, support the effective operation of the ICC and domestic jurisdictions to end impunity. The PGA network is assisted by a small Secretariat that facilitates the cooperation and exchange by member MPs to achieve these goals and provides technical cooperation on legal advice and advocacy.
Members of PGA have contributed to 76 of the 122 ratifications of, or accession to the Rome Statute to date. PGA is a member of the Steering Committee of the Coalition for the ICC. The PGA Campaign for the Universality and Effectiveness of the Rome Statute system receives support from: The European Union (European Instrument for Democracy and Human Rights), the Governments of the Netherlands, Switzerland, Estonia, Liechtenstein. PGA receives core support from the Governments of Sweden and Denmark. Past donors include the Governments of Belgium, Germany and the United Kingdom and the Municipality of The Hague.
