International Criminal Court, The Hague, Netherlands. Photo: Daniel Garzón López
PGA welcomes the adoption of the Law on the Amendments to the Criminal Procedural Code of Ukraine by the Verkhovna Rada on 03 May 2022. The Law (available only in Ukrainian) establishes a direct mechanism of cooperation of the Ukrainian prosecutorial and judicial authorities with the ICC, while designating relevant domestic authorities to serve as focal points for the communication with the ICC. This Law is crucial in securing an effective and efficient mechanism of cooperation in the framework of the on-going investigation into the situation in Ukraine, opened on 2 March 2022 in response to the war of aggression against Ukraine launched by the Russian Federation on 24 February 2022.
In this context, PGA also reiterates its calls (here and here) on the President Zelenskyi and the Verkhovna Rada of Ukraine to take a long-overdue step and proceed to the ratification of the Rome Statute of the ICC. Ukraine must now better protect itself, its population, its territorial integrity and political independence, as well as its membership within the global community of States who believe in the Rule of Law, justice, democracy, and human rights.
This Law represents a great step ahead in terms of international justice and ensuring accountability for the horrible crimes committed against our civilians. Nevertheless, to guarantee that Ukraine is fully protected by the international justice, I reiterate the importance of the ratification of the Rome Statute. Fighting impunity for atrocity crimes through upholding International Law is crucial for achieving accountability for the crimes committed by Russia and its forces in Ukraine.
Ms. Maryna Bardina, MP (Ukraine- Servant of the People), Deputy Chair, Committee on Foreign Policy and Interparliamentary Cooperation of Verkhovna Rada, PGA Member
The membership of Ukraine in the ICC, through the ratification of the Rome Statute, would further reinforce the Ukrainian position in the international politics and negotiations. As the commitment to the ratification is also cemented in the international instruments signed by Ukraine, including in Art. 8 of the EU- Ukraine AssociationAgreement, which entered into force on 1 September 2017 and reads: “The Parties shall cooperate in promoting peace and international justice by ratifying and implementing the Rome Statute of the International Criminal Court (ICC) of 1998 and its related instruments”, the ratification would represent further advancement towards the EU membership.
ICC – Ukraine Background
On 17 April 2014 and 8 September 2015, Ukraine lodged two ‘ad hoc’ declarations under 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, without ratifying the Statute, however. On 25 April 2014, the Office of the Prosecutor of the ICC opened a preliminary examination of the situation in Ukraine. On 11 December 2020, the ICC Prosecutor announced the completion of her preliminary examination of the situation in Ukraine, having concluded that there was a reasonable basis to believe that war crimes and crimes against humanity were committed and moving forward to requesting authorisation from the Judges of the Pre-Trial Chamber of the ICC to open an investigation. The investigation into the situation in Ukraine was opened on 2 March 2022, following an unprecedented referral by a group of States, amounting to 43 as of now.
Why is the Law on Cooperation important?
The ICC does not have its own police or law enforcement structures at its disposal. Thus, the Court relies entirely on national law enforcement systems to give effect to its orders, including requests for arrest and surrender of persons charged with one of the Rome Statute system crimes.
Without State cooperation, procedures of the Court get delayed - thereby reducing the Court’s efficiency and increasing its costs - or cannot be fulfilled - thereby putting at risk the mandate of the Court and the entire Rome Statute system.
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