Kyiv/The Hague

On 20 May 2021, the Verkhovna Rada (Parliament of Ukraine) adopted the Bill no. 2689 “On amendments to certain legislative acts on the Enforcement of International Criminal and Humanitarian Law”, with 248 votes in favour out of 363 Members present. The adoption of the Bill represents a historical development enabling Ukraine to achieve accountability for international crimes committed in Eastern Ukraine and the occupied territory of Crimea in the context of the ongoing 7-year armed conflicts and offering an efficient domestic recourse to justice to victims of atrocities.

It’s a great victory for lawmakers, for the members of Parliament, for all Ukrainian people. It’s a great news for those who believe in justice. From now on all military criminals who committed appalling war crimes, and crimes against humanity will face the court and go through the criminal proceedings. We must respond to the criminals and crimes, no tolerance to the crimes against humanity! Hon. Vladlen Nekliudov, MP (Ukraine), PGA member

The adoption of the Law aligns Ukraine with its commitments stemming from various international and European instruments, for instance the EU- Ukraine Association Agreement. The Bill empowers Ukrainian judges and prosecutors to investigate, prosecute and adjudicate on conduct that has already been criminalized under International Law, which, while not implemented, had been binding on Ukraine either through the international instruments Ukraine has ratified, or as a part of customary International Law binding on all States. To effectively investigate and prosecute international crimes, Ukraine established the specialized “Department for Supervision in Criminal Proceedings of the Crimes Committed in Armed Conflict” in October 2019. The adoption of the Law will thus enable it to operate effectively applying the domestic criminal law aligned with international law standards.

The President of Parliamentarians for Global Action (PGA), Ms. Margareta Cederfelt, MP (Sweden), highlighted the international significance of this step:

I warmly welcome today’s decision by the Ukrainian Rada to implement International Criminal and Humanitarian Law in its domestic legal system, sending a strong message to the people of Ukraine and the International Community that the country is committed to bringing perpetrators of international crimes to justice. All peace-loving law-abiding Members of the International Community, shall take inspiration from this substantive step undertaken by Ukraine in support of the Rule of Law: We must continue to support Ukraine’s struggle for human rights, justice, democracy and the respect of International Law.

PGA contribution, in partnership with the Center of Civil Liberties

This momentous development represents the culmination of efforts carried out by PGA in cooperation with domestic and international NGOs and experts. PGA has been actively involved in the drafting process of the Bill that was authored by Mr. Denys Monastyrskyi, MP, in his capacity as Chairperson of Law Enforcement Committee, who decided to join PGA in October 2019, and in mobilizing legislators to galvanize political will in support of the Bill.

To highlight the importance of harmonizing the criminal code of Ukraine with international criminal and humanitarian law, PGA organized high- level conferences and field missions and conducted advocacy with its members and relevant stakeholders. In November 2018, the Verkhovna Rada hosted PGA’s 10^th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP-ICC) with over 200 participants in attendance. In the aftermath of the 2019 general elections in Ukraine, PGA convened in November 2019 an expert discussion with its partners, the Center for Civil Liberties and the Ukrainian Legal Advisory Group, under the aegis of the Committee on Foreign Policy of the Verkhovna Rada, wherein parliamentarians engaged with legal experts, civil society representatives, and victims of international crimes.

As a result of the meeting, upon the request of the relevant parliamentary Committee, PGA provided technical assistance on the new draft law aligning the Ukrainian criminal code with international standards. The Bill has been designed to ensure complementarity between the primary exercise of jurisdiction by domestic courts in Ukraine and the complementary jurisdiction of the International Criminal Court (ICC) in relation to the situations that Ukraine referred twice to the ICC under the Art. 12(3) of the Rome Statute, accepting the jurisdiction of the ICC over alleged crimes committed on its territory from 21 November 2013 onwards.

In December 2019, PGA Member, Mr. Hryhoriy Nemyria, MP addressed the 18^th Assembly of States Parties, sharing Ukraine’s goal to implement the Rome Statute, which is achieved by the current law. Soon afterwards, on 27 December 2019, said draft law was registered in the Parliament.

In February 2020, two days after Bill 2689 was approved by the Law Enforcement Committee, PGA participated in a Roundtable organized by its partner NGO, Center for Civil Liberties, and the Law Enforcement Committee. The Roundtable focused on the relevance of the implementation of international criminal and humanitarian law provisions into the Criminal Code of Ukraine, and was attended by over 120 participants, including members of the Verkhovna Rada.

Bill 2689

The first reading of the Bill took place successfully on 17 September 2020, with 271 votes in favor out of 347 Members present. Following the second and final reading, and once signed by the President of Ukraine, the Bill 2689 will effectively amend the Criminal Code of Ukraine, addressing the previously existing gaps. In the merits, Bill 2689 enshrines principles of international criminal law, including command responsibility; equips Ukraine with universal jurisdiction to effectively combat impunity even for acts without a link with Ukraine; includes provisions on crimes against humanity, otherwise missing in the legislation previously in force; and defines war crimes in conformity with the requirements of International Law. As only international crimes are exempt from statutory limitations, the accurate qualification of these acts today is particularly crucial for bringing those responsible to justice, even in a distant future.

The drafting process of Bill 2689, sponsored by the Chair of the Law Enforcement Committee, Mr. Denys Monastyrskyi, benefitted from the contributions of not only the PGA Secretariat, namely Ms. Frederika Schweighoferova and Dr. David Donat Cattin, but also many domestic and international experts:

• Ms. Viktoriya Mozgova (Assistant Consultant to the Head of the Committee on Law Enforcement of the Verkhovna Rada)
• Mr. Scott Martin (Founding and Managing Partner at Global Rights Compliance)
• Ms. Oleksandra Matviychuk, Ms. Marina Lilichenko and Ms. Aleksandra Romantsova (Centre for Civil Liberties)
• Mr. Konstantin Zadoya (Taras Shevchenko National University of Kyiv)
• Mr. Anton Korynevych (Permanent Representative of the President of Ukraine in the Autonomous Republic of Crimea)
• Leadership members of the Crimean Office of the Prosecutor

Following this important step towards achieving accountability for international crimes committed in Eastern Ukraine and the occupied territory of Crimea, the PGA National Group in Ukraine, alongside international and domestic legal experts and human rights activists, will continue to advocate for the ratification of the Rome Statute.

Dep. Levy Nazaré (São Tomé et Príncipe), Convenor, International Law and Human Right Program, PGA, invites the MPs in the Rada to take one more step to achieve a full accountability:

To further this important momentum, and in conformity with the EU-Ukraine Association Agreement, I invite all colleagues from the Ukrainian Parliament to request their Government to transmit the amended Rome Statute of the ICC to the Rada for the necessary approval of the ratification. It is time for Ukraine to become a State Party to the Rome Statute system against impunity. Now that Ukraine has the domestic law to prevent and counter impunity, it can become a key member of the ICC and its Assembly of States Parties.

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PGA's Campaign for the Universality and Effectiveness of the Rome Statute of the International Criminal Court (ICC) system receives the support of:

European Commission (European Union)

Oak Foundation

The Netherlands Ministry for Foreign Affairs

Switzerland Federal Department for Foreign Affairs

Liechtenstein Permanent Mission to the United Nations

Estonia Ministry for Foreign Affairs (until 2018)