Draft bill #0285 of August 15, 2024
Sponsor: the President
Status: sent for review to the Committee on Foreign Affairs and Interparliamentary Cooperation
Who is affected: service members, law enforcement officers, courts, and prosecutors
Summary:
- Ukraine will ratify the Rome Statute of the International Criminal Court (ICC)
- the jurisdiction of the ICC will apply on the territory of Ukraine
- the ICC will have jurisdiction over crimes of genocide, crimes against humanity, war crimes, and the crime of aggression
- the statute of limitations will not apply to crimes under the jurisdiction of the ICC.
What is right:
- Ukraine will comply with one of the requirements of the EU Association Agreement
- Ukraine will be able to propose candidates for judges and prosecutors of the International Criminal Court.
What is wrong: there will be risks of criminal prosecution, including lawsuits from the Russian Federation, against service members of the Armed Forces of Ukraine, other military units, and law enforcement agencies involved in military actions.
Why this is important: the Rome Statute is an international treaty that established the International Criminal Court. The statute was adopted on July 17, 1998, in Rome at a diplomatic conference under the auspices of the UN and came into force on July 1, 2002. The ICC is a permanent international tribunal that investigates and prosecutes individuals responsible for the most serious international crimes, such as genocide, war crimes, and crimes against humanity. Ukraine signed the Rome Statute in 2000 but has yet to ratify it.
In the context of war with Russia, Ukraine aims to gain international support for holding accountable those responsible for war crimes on its territory. The ICC may assist in investigating such crimes and bringing the guilty to justice.
Background information: on March 3, 2023, the Cabinet approved an agreement between the government and the International Criminal Court regarding the establishment of an ICC Office in Ukraine.