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STATEMENT of the Coalition of Organisations Working to Protect the Rights of Victims of Armed Aggression against Ukraine on the Ratification of the Rome Statute of the International Criminal Court

August 21, 2024

STATEMENT

of the Coalition of Organisations Working to Protect the Rights of Victims of Armed Aggression against Ukraine on the Ratification of the Rome Statute of the International Criminal Court

On August 15, the President of Ukraine submitted to the Verkhovna Rada the draft law “On Ratification of the Rome Statute of the International Criminal Court and Amendments thereto” (Reg. No. 0285). This is an important historical step, especially in the context of a full-scale war against Ukraine and an unprecedented number of international crimes committed by the RF on a daily basis.

The coalition of organisations, working to protect the rights of victims of the armed aggression against Ukraine, welcome this initiative of the President. 

We support the ratification of the Rome Statute of the International Criminal Court (hereinafter - the ICC) and the Kampala Amendments to it.  We believe that this step will help to strengthen the capacity of the national legal system to prosecute and bring to justice the perpetrators of the most serious international crimes.

We believe that the ratification of the Rome Statute of the ICC and the harmonisation of national criminal legislation with international law is one of the priority steps of the state in the field of human rights protection in wartime. That is why the Coalition included this recommendation to the Parliament in the list of priority steps for the state in the field of human rights protection, which the Coalition established in early 2024.

We consider the ratification of the Rome Statute of the ICC to be an important element of the European integration process. The Ukraine-EU Association Agreement (Article 8) stipulates Ukraine's obligations to ratify the Rome Statute of the ICC.

After ratification of the Rome Statute of the ICC, Ukraine will be eligible:

• nominate its own citizens to participate in the election of the ICC Prosecutor, the Head of the Office, and judges;
• participate in drafting resolutions aimed at developing and strengthening the work of the ICC;
• to vote during the Assembly of States Parties to the Rome Statute;
• to work on amendments to the Rome Statute, in particular on the crime of aggression.

In addition, the ratification of the Rome Statute of the ICC will increase the chances of obtaining compensation for Ukrainians who have suffered from Russian war crimes. After ratification, Ukraine will be able to influence how the ICC Trust Fund for Victims will be allocated and who will receive compensation.  Ukraine will also be able to receive technical assistance to strengthen its national capacity from other member states of the ICC Assembly. 

We understand the conditions under which the Verkhovna Rada of Ukraine is proposed to ratify the Rome Statute of the ICC with certain restrictions (in particular, the application of Article 124 of the Rome Statute of the ICC on the limitation of the jurisdiction of the court over war crimes committed by Ukrainian citizens). However, we hope that this restriction will be removed as soon as possible after the ratification of the Rome Statute by the Ukrainian parliament. Instead, the national law enforcement system, which should ensure the full administration of justice in wartime, should receive maximum support, including from Ukraine's international partners.

The ratification of the Rome Statute of the ICC is an important step of our country towards ensuring justice and inevitability of punishment for the most serious international crimes, as well as another confirmation of the conscious choice made by the people of Ukraine in support of the values of human rights and democratic freedoms. We call on the Parliament to support the ratification of the Rome Statute of the ICC and its full implementation into the national legislation of Ukraine.

August 20, 2024

NGO Donbas SOS

CF EAST-SOS

Human Rights Centre ZMINA

NGO Civil Holding GROUP OF INFLUENCE

CF Stabilization Support Services

Crimean Human Rights Group

NGO CrimeaSOS

CF Right to Protection