We rejoice when Joe Biden declares killings of Ukrainians by Russian troops as genocide, and we object when the same vocabulary is not shared by Emmanuel Macron. However, these are just words, though they are important. It is crucial that public definitions and statements turn into action to bring those guilty of atrocities and crimes to justice. The world and Ukraine are doing much to make it happen; however, not all is possible.

To begin with, Ukraine has not yet ratified the Rome Statute, which is an important part of international law. Human rights activists and lawyers are actively advocating for its ratification. Ukraine’s Prosecutor General, Iryna Venediktova, also expressed her support for this document, but there is no political will yet to consider this issue in the Verkhovna Rada. To ratify the Rome Statute, a draft law must first be submitted in the Rada at the initiative of the President.

I am a citizen living in a free democracy, where citizens have the right to speak to the government and demand something from it and that irritates our enemy! Having read a number of articles and publications by leading lawyers, I want Ukraine to ratify the Rome Statute.

What is the Rome Statute and how and when was it adopted?

The Rome Statute is an international treaty which established the International Criminal Court, or the ICC. The treaty was adopted in 1998; however, it was not until July 1, 2002 that it came into force.

The Diplomatic Conference in Rome, convened by the United Nations General Assembly in the summer of 1998, lasted five weeks. The meeting concluded several years of negotiations to establish a permanent international tribunal to prosecute those accused of genocide and other grave international crimes such as crimes against humanity, war crimes and crimes of aggression. Diplomats assembled to finalize and adopt the Convention establishing the ICC. One hundred and twenty countries participated in the voting. Ninety-two voted in favor; seven against and there were 21 abstentions.

The Rome Statute entitles the ICC to investigate the following international crimes:

  • Genocide;
  • Crimes against humanity;
  • War crimes; and,
  • Crimes of aggression.

The ICC may hear any case only if one of the following conditions are met:

  • The country adversely affected by genocide or crimes signed and ratified the Rome Statute;
  • The UN Security Council refers  the case to the ICC – as was the case of South Sudan and Libya; and,
  • The member state of the Rome Statute initiates the case in the ICC.

Ukraine signed the Rome Statute on January 20, 2000. However, in 2001 the Ukrainian Constitutional Court ruled that the treaty contravened the Constitution of Ukraine. As a result, the Statute was not ratified. In 2007, Ukraine acceded to the ICC’s Agreement on Privileges and Immunities, becoming the first and only member country of the Agreement that did not ratify the Rome Statute.

What does the ratification of the Rome Statute mean?

Lawyers say that should the Verkhovna Rada ratify the Rome Statute, it shall extend the jurisdiction of the ICC to investigate crimes committed on the territory of Ukraine. To date, 42 ICC member countries, including Ukraine, appealed to ICC Prosecutor Karim Khan and his office launched proceedings relating to Russia’s war in Ukraine. However, not all legal procedures are accessible for Ukraine to bring the case to fruition because Ukraine has not ratified the Rome Statute.

By ratifying the Rome Statute, Ukraine becomes a member of the ICC Assembly, which meets at least once a year. A country may put issues on the agenda of the ICC Assembly, nominate a judge from the country and participate electing the ICC Prosecutor. The Assembly also adopts the ICC budget, determines procedural order of legal proceedings and rules of evidence and monitors the work of ICC bodies.

It is important for Ukraine to have its voice heard at the ICC.

Should Ukraine ratify the Rome Statute, it opens the door to an enforcement mechanism to punish those who commit international crimes on Ukrainian territory. Victims of these crimes may participate in the court hearings. The ICC judgment shall be both binding and enforceable.

Once Ukraine ratifies the Rome Statute, it is expected to boost both domestic legal framework development and judicial training in Ukraine. The Criminal Code in Ukraine should be amended to comply with provisions of the Rome Statute. To that end, it is necessary to conclude consideration of the Draft Law Number 2689 dated December 27, 2019, which, although adopted by the Verkhovna Rada on January 20, 2021, is still awaiting President Zelenskyy’s signature.

Overall, Rome Statute ratification by Ukraine will increase diplomatic pressure on Russia and make it feasible to bring Russia to justice for all its crimes committed in Ukraine since 2014. The fact that Russia has not ratified the Rome Statute shall not set aside the trial should the ICC gather enough evidence of criminal orders given by Russia’s leadership.

In addition, tribunal verdicts on Russia issued by an international impartial and apolitical court authority shall serve as an incentive to expand and continue sanctions against Russia as an aggressor state.

If ratifying the Rome Statute makes investigation of international crimes more effective, while enhancing the quality of both legal proceedings and their outcomes, there seems to be no good reason not to ratify the treaty.

If we want justice in The Hague, we need to go through Rome.

Source: Left Bank (Livyj bereg)