The Significance of Ratification of the Rome Statute for Ukraine at the International and National Levels

Abstract

This article is devoted to the issue of understanding the role of ratification of the Rome Statute of the International Criminal Court for Ukraine at the international and national levels.
The article highlights Ukraine’s path to the European community, which is still ongoing. The author has analyzed a significant number of normative legal acts and scientific sources that discuss the issue of Ukraine’s ratification of the Rome Statute from various perspectives, including the risks for our military personnel and Ukraine’s status on the international stage after the adoption of this important decision.
The author emphasized the importance of making such a decision, as the EU has repeatedly stressed the necessity of Ukraine’s ratification of the Rome Statute, particularly in the Conclusion of the European Commission regarding Ukraine’s application for EU membership dated June 23, 2022, and the recommendations of the European Commission presented in the Progress Report on Ukraine within the EU Enlargement Package 2023 dated November 8, 2023.
Ultimately, the ratification of this document was accompanied by a list of statements, one of which reads: «Ukraine declares that for seven years after the Rome Statute comes into force for Ukraine, it will not recognize the jurisdiction of the International Criminal Court regarding the crimes specified in Article 8 (taking into account amendments), when it is likely that the crime was committed by its citizens.» Many comments from government officials have been provided in the public space regarding this matter.
Summarizing numerous public statements, the author concluded that the ratification of the Rome Statute poses no threat to Ukrainian servicemen, as in 2014 and 2015 Ukraine adopted two statements recognizing the jurisdiction of the ICC, which can already hold Ukrainian citizens accountable, and the ratification of the Rome Statute does not bring new risks.
Regarding the attitude of the European community towards Ukraine and the issue of holding Ukrainian military accountable, the author concludes that premature fears are unwarranted, as the European community is currently focused primarily on the arrest and punishment of guilty parties from Russia: on March 17, 2023, the International Criminal Court in The Hague issued arrest warrants for Vladimir Putin and Russia’s children’s ombudsman Maria Lvova-Belova.
In the end, the author emphasizes the positive aspects of the decision to ratify the Rome Statute as one of the steps towards Ukraine’s accession to the European Union.