The essence and legal nature of the prosecution service’s cooperation with the International criminal court

Abstract

This article provides a comprehensive analysis of the essence and legal nature of the prosecution service’s cooperation with the International Criminal Court (ICC). The study examines the normative framework established by Part 9 of the Rome Statute (Articles 86–102), Ukraine’s declarations under Article 12(3) (2014, 2015), the Law on Ratification of the Rome Statute adopted on 21 August 2024 (No. 3909-IX), and the implementing Law of 9 October 2024 (No. 4012-IX). The analysis demonstrates that cooperation with the ICC constitutes a sui generis legal regime fundamentally distinct from traditional mutual legal assistance in criminal matters, combining elements of a treaty-based obligation (the duty to cooperate under Article 86), institutional interaction (procedures for submission and execution of requests), and constitutional safeguards (grounds for refusal or postponement under Articles 93(4), 94, 95, 97, and 98). Three key distinctions from traditional mutual legal assistance are identified: the vertical rather than horizontal character of inter-institutional relations, the conceptual differentiation between surrender and extradition under Article 102, and the inapplicability of the reciprocity principle. Particular attention is devoted to the principle of complementarity as the defining basis of interaction between national prosecution services and the ICC. The article traces the evolution of Ukraine’s cooperation regime through three stages: ad hoc acceptance of jurisdiction (2014–2022), legislative regulation without ratification (2022–2024), and full membership following ratification (from October 2024). The role of the Office of the Prosecutor General as the central cooperation authority is examined, including its unprecedented participation in the Joint Investigation Team established under Eurojust coordination in March 2022. The article concludes that cooperation with the ICC is not merely a procedural mechanism but a systemic element of Ukraine’s criminal law and criminal procedural policy.