From 12 to 14 July 2016, a PGA Delegation led by PGA Members Ms. Barbara Lochbihler, MEP (Germany), Co-convener of the PGA International Law & Human Rights Program, Vice-Chair Human Rights Sub Committee of the European Parliament and Mr. Mark Pritchard, MP (UK), Chair of the PGA UK National Group, including Hon. Graham Jones, MP (UK) and the PGA Secretary-General conducted a field mission to Kyiv, Ukraine. The purpose of the mission, conducted on the occasion of International Justice Day, 17 July, was to assess and overcome the obstacles in the existing Ukrainian legislation that hinder accountability for perpetrators of international crimes. The PGA Delegation used this opportunity to re-launch the national debate on the need for Ukraine to ratify, without delay, the Rome Statute of the ICC.

On 13 July, within the framework of PGA’s Campaign for the Rome Statute of the ICC for the Effectiveness and Universality of the Rome Statute, on 13 July, PGA Members from the Verkhovna Rada (Parliament) of Ukraine partnered with the NGO conglomerate “Human Rights Agenda” to co-organize a “Parliamentary Roundtable on the Implementation of International Humanitarian Law and the Rome Statute of the ICC into Ukrainian Legislation” supported by the Ministry of Justice of Ukraine.

The mission was held after that, on 2 June 2016, the Verkhovna Rada adopted Bill No. 3524 “On amendments to the Constitution of Ukraine on justice”, which includes the amendment of Article 124 of the Ukrainian Conystitution on judicial sovereignty providing for the possibility for Ukraine to ratify the Rome Statute of the ICC. However, this amendment will entered into force only 3 years after its adoption, due to the insertion of a controversial “transitional provision” in Bill No. 3524.

At a Press Conference on the ICC and the revision of the Ukrainian Criminal Code, held at the Ukraine Crisis Media Center, Mr. Mark Pritchard MP, Mr. Graham Jones MP and Dr. David Donat Cattin, PGA Secretary–General highlighted the importance and benefits of the domestic implementation and prompt ratification of the Rome Statute.

The Roundtable was attended by Members of the Verkhovna Rada, as well as MPs from Parliaments outside of Ukraine, high-level representatives and experts from international organisations, the EU, the judiciary, the academia, and civil society.  Deputy Speaker of the Verkhovna Rada Ms. Oksana Syroyid, MP, Member of PGA, reiterated her strong support for ratification and implementation of the Rome Statute by the Ukrainian Government. Ms. Oleksandra Matvichuk, Chair of the Board of Center for Civil Liberties, stated that impunity has many routes, but the one that concerns international crimes is the most detrimental for Ukraine’s future towards the Rule of Law, universal human rights and civil liberties. These strong inaugural addresses were complemented by Ms. Olena Sotnyk, MP, Member of PGA, who referred to the historical precedent of the Nuremberg Trials, which affirmed individual responsibility for the most serious crimes and established that official capacity of leaders does not render them immune from prosecution.

These statements of prominent Ukrainian voices received the firm support of Mr. Mark Pritchard MP (UK), a member of the Parliamentary Assembly of the Council of Europe and the UK Joint Committee on Human Rights, who declared:

The world we are living in today faces growing threats to peace and security. Investigating and prosecuting international crimes, namely genocide, crimes against humanity, war crimes and the crime of aggression is essential to the promotion of the Rule of law and to lasting, sustainable and just peace. We are supporting all like-minded people in Ukraine in sending the message that there should be no impunity for perpetrators of most serious crimes of international concern by ratifying and fully implementing, the Rome Statute of the ICC."

In the second Panel, Ms. Barbara Lochbihler, MEP (Germany), Co-convener of the PGA International Law & Human Rights Program, Vice-Chair Human Rights Sub Committee of the European Parliament, stated:

I believe that there cannot be lasting and sustainable peace without justice. By joining the ICC, Ukraine would enhance the protection of all people living in Ukraine against the most serious crimes under International Law, namely genocide, crimes against humanity, war crimes and crime of aggression. Ratifying and implementing the Rome Statute by Ukraine is of a significant importance also for the EU as it contributes to achieving its common objectives- increased stability and security, promoting the independence, sovereignty, territorial integrity and inviolability of borders."

The last part of the Roundtable, chaired by PGA Member Mr. Graham Jones, MP (UK) allowed a group of prominent experts to present and assess a new Draft Law to align the Criminal Code of Ukraine with the requirements of the Rome Statute of ICC and International Humanitarian Law (IHL). The Draft Law was prepared by an expert working group convened by the Center for Civil Liberties. Ms. Oksana Yurinets, MP, PGA Member, encouraged the ratification of the Rome Statute and adoption of the draft law in order to ensure that international crimes are properly incorporated in the domestic legal order, augmenting the protection for Ukrainian territorial integrity and its population. She expressed the commitment of Ukraine to thrive for peace and underscored the necessity to establish responsibility for the crimes committed in late 2013 on the Ukrainian territory, by launching effective investigations.

Further valuable contributions were made by Mr. Oleksandr Prokopov, Head of Division, Department for Investigation of the Crimes against National Security of Ukraine, Peace, Human Security and International Law and Mr. Igor Nimchenko, Order of the Chief Military Prosecutor’s Office and Ukrainian State Prosecutor.

Mr. Anton Geraschenko, MP (Ukraine) raised a critical point suggesting that in case that Ukraine ratifies the Rome Statute, the Russian Federation could present claims against members of the Ukrainian`s military. This argument was rebutted by Justice Volodymyr Vasylenko, Head of the Commission to Investigate Human Rights Violations in Ukraine, Judge at the International Criminal Tribunal for the Former Yugoslavia, and Dr. David Donat Cattin, PGA Secretary-General who clarified that since the ICC had already possessed territorial jurisdiction over Ukraine since 2014 on the basis of the two ad hoc declarations submitted by Ukraine, the Russian Federation could have done so already had it been its intention. Prof. Vasylenko and Dr. Donat Cattin concurred with the position that Ukraine has everything to gain, and nothing to lose, from membership in the Rome Statute system, as Ukraine is currently accepting all the obligations imposed by the Rome Statute (under Art. 12.3, RS), but it is not enjoying the rights and privileges of States Parties.

During the interactive discussion, Prof. Myroslava Antonovich, PHD, shared her strong encouragement to implement and ratify the Rome Statute. Afterwards, in his closing remarks, Dr. Donat Cattin called upon the Government of Ukraine to ratify the Rome Statute before the decision on activation of the crime of aggression takes place in 2017 by the ICC Assembly of State Parties, so that Ukraine can participate as an actor with decision-making powers, not only as a spectator, in this momentous process. Agreeing with other speakers, he encouraged the adoption of the harmonizing draft law so that the domestic criminal system of Ukraine is able to contribute to preventing and repressing crimes under international law. He also stressed the principle of universal jurisdiction, included in several criminal codes, which aims to make not a single territory of the world a safe haven for criminals, and praised the work of the Drafting Committee coordinated by Dr. Kostantin Zadoya.

The Roundtable improved understanding of the role parliamentarians can play in aligning Ukrainian legislation with international laws and standards and underscored the advantages of being part of the Rome Statute system in the fight against impunity. The discussions also provided for an opportunity to overcome any misconceptions that parliamentarians still had about the ICC.

In a subsequent meeting, PGA Ukrainian Members formed their PGA Ukraine National Group to enhance and facilitate the PGA activities towards the ratification and implementation of the Rome Statute in Ukraine. On this occasion, PGA members agreed to appoint Mr. Hryhoriy Nemyria, The Chairman of the Committee of the Verkhovna Rada (Parliament) of Ukraine for human rights, national minorities and interethnic relations, as a Chair of the PGA National group in Ukraine. The PGA delegation also had the opportunity to meet with representatives of several political fractions- including Mr. Hryhoriy Nemyria MP, Ms. Alona Shrkum, MP and Mr. Alex Ryabchyn from Batkivshchyna Faction, Mrs. Svitlana Petrivna Zalishchuk, MP and Mr. Oleh Liashko, MP from Petro Poroshenko Bloc, further with Head of “SAMOPOMICH” Union Mr. Oleh Berezyuk, MP and Members of the same faction Ms. Olena Sotnyk, MP and Mr. Roman Semenukha, MP all of which were already or became PGA Members.

The delegation further visited the Presidential Administration of Ukraine to meet with its Deputy Head and hear their position on the ICC and existing obstacles before ratification and implementation.

The Mission increased knowledge of Ukrainian MPs and other relevant stakeholders of the feasible adaptions to Ukrainian legislature that bring perpetrators of international crimes to justice. It also served to revive the discussion on the necessity to ratify the Rome Statute and encouraged the implementation process of the Rome Statute and other standards of IHL. Four MPs joined the global PGA membership and, together with other PGA Members, expressed their strong support towards early ratification and implementation of the Rome Statute and endorsed the Revision of the draft law on harmonization of the Criminal Code of Ukraine with the Rome Statute of the ICC and IHL.

The Campaign for the Rome Statute of the ICC receives the support of

Ministry of Foreign Affairs of Estonia, Permanent Mission of Liechtenstein to the UN
Ministry of Foreign Affairs of Luxembourg, Ministry of Foreign Affairs of the Netherlands
Federal Department of Foreign Affairs of Switzerland

and

PGA receives core support from

Sweden (Sida) & Denmark (Ministry of Foreign Affairs)

This event was organized in Partnership with the Human Rights Agenda