Ukraine set to ratify the Rome Statute and become the International Criminal Court’s 125th member state

• The International Federation for Human Rights (FIDH), together with its Ukrainian member organisations—the Center for Civil Liberties and the Kharkiv Human Rights Protection Group—welcome Ukraine’s move towards ratification of the Rome Statute of the International Criminal Court.
• The organisations now call on Ukraine to ensure that their domestic implementing legislation fully aligns with the Rome Statute. Notably, they strongly oppose the inclusion of an Article 124 declaration, which will limit the ICC’s jurisdiction over alleged war crimes committed by Ukrainian nationals.

Paris, Kyiv, 28 August 2024. On Ukraine’s Independence Day, 24 August, Ukrainian President Volodymyr Zelensky signed into law the “Draft Law on the Ratification of the Rome Statute of the International Criminal Court and its amendments,” following its adoption by Ukraine’s Parliament on 21 August. This significant step paves the way for Ukraine to formally join the International Criminal Court (ICC) as its 125th member state. At a time when the international justice system faces significant challenges, this law is a powerful reaffirmation of the global system of accountability for international crimes.

Ukraine’s intention to ratify marks the culmination of over a decade of advocacy by human rights organisations, including FIDH and its members. In September, Ukraine’s Parliament, the Verkhovna Rada, will consider implementing legislation to incorporate the crimes covered by the Rome Statute into domestic law.

Oleksandra Matviichuk, FIDH Vice President and Head of the Center for Civil Liberties commented, “The move towards ratification of the Rome Statute reaffirms Ukraine’s commitment to the fight against impunity and provides new avenues for victims of international crimes seeking justice. We now encourage Ukrainian legislators to ensure that all crimes within the ICC’s jurisdiction can be prosecuted domestically.“

Despite the progress, the new law includes a declaration to invoke the ’Transitional Provision’ under Article 124 of the Rome Statute. This provision allows Ukraine to limit the Court’s jurisdiction over war crimes committed by its nationals or on its territory for a period of seven years. By invoking the nationality restriction, Ukraine would effectively be shielding its nationals from prosecution for such crimes.

“We strongly welcome Ukraine’s ratification of the Rome Statute, which strengthens the rule of law globally,” said Danya Chaikel, FIDH’s Representative to the ICC in the Hague. “However, we are very concerned that the planned declaration would open the door to selective justice and hinder the Court’s ability to fully investigate all crimes and suspects, potentially limiting certain victims’ access to justice. We urge Ukrainian authorities to ensure that accountability is pursued for all crimes and perpetrators, without exceptions.”

Ukraine signed the Rome Statute in 2000, and submitted two declarations, in 2014 and 2015, accepting the ICC’s jurisdiction over international crimes committed on its territory since November 2013. Ukraine is set to become a fully-fledged ICC State Party 60 days after it submits its instrument of ratification of the Rome Statute with the UN Secretary-General. This historic step will bolster Ukraine’s cooperation with the Court and enable its full participation in decision-making processes, including the Assembly of States Parties to the Rome Statute. We urge Ukraine to incorporate all Rome Statute provisions into domestic law, which will strengthen Ukraine’s ability to prosecute international crimes—such as crimes against humanity—that previously fell outside its national jurisdiction.