What is the Rome Statute and why it is important for Ukraine to ratify it now

The war of the Russian Federation against Ukraine in one way or another affected the life of every Ukrainian.

Many of our citizens had to endure the violence and atrocities of the Russian army.

So the question arises, how to bring to justice criminals who violate international norms and rules of warfare, humiliate, torture and kill people, who can be mechanisms to compensate for the damage done?

One such mechanism is the ratification of the Rome Statute of the International Criminal Court.

The Rome Statute of the International Criminal Court is an international treaty that established the International Criminal Court. Adopted at a diplomatic conference in Rome on July 17, 1998 and entered into force on July 1, 2002.

The structure of the Rome Statute of the International Criminal Court includes the preamble and 13 parts of the law, namely: the establishment of the Court, jurisdiction, admissibility and applicable law, general principles of criminal law, composition and administration of the Court's cases, investigations and criminal prosecution, judicial proceedings, types of punishments, appeals review and review, international cooperation and judicial assistance, enforcement, the Assembly of States Parties, financing and final provisions.

In general, the Rome Statute aims to bring to justice the crimes of genocide, crimes against humanity, war crimes, the crime of aggression.

The prerequisites for the creation of the Roman Charter were millions of people who were victims of incredible atrocities that deeply affected the consciousness of mankind.

Serious crimes of concern to the entire international community should not go unpunished and that their effective prosecution should be ensured both by measures at the national level and by strengthening international cooperation.

Interestingly, Ukraine signed the Rome Statute back in 2000, but in July 2001 the Constitutional Court of Ukraine recognized it as not in accordance with the Constitution of Ukraine.

The official website of the Government Portal states that despite the fact that Ukraine has not ratified the Rome Statute for a long time, this did not deprive our country of the opportunity to apply twice to the International Criminal Court.

The first statement concerned events that took place in Ukraine between November 21, 2013 and February 22, 2014, and the second statement concerned the continuation of crimes committed in the period from February 20, 2014. The analysis of these two statements gave every reason to assert the commission of war crimes and crimes against humanity.”

Over time, the Rome Statute underwent changes of additions and improvements, and the war of the Russian Federation against Ukraine proved the need for its ratification as an additional mechanism in the current system of protecting the rights of our citizens both in Ukraine and abroad.

On August 21, 2024, Ukraine ratified the Rome Statute, which was supported by the deputy of the Verkhovna Rada of Ukraine, giving 281 votes for it. After ratification of the Rome Statute, the State becomes a member of the International Criminal Court, and crimes against its citizens or committed on its territory are prosecuted in The Hague (Netherlands).

Unlike international judicial bodies, which by their nature are auxiliary means of protecting the rights and freedoms of man and citizen, the International Criminal Court complements the system of national jurisdiction and can take cases to its proceedings not only at the request of a State Party, but also on its own initiative.

The International Criminal Court may be appealed to: States Parties, other States by recognizing the jurisdiction of the International Criminal Court in respect of a specific situation through the submission of a unilateral statement, the UN Security Council, the Prosecutor of the International Criminal Court.

In general, the ratification of the Charter is a prerequisite for the further European integration of Ukraine.

This will strengthen Ukraine's European integration course and make it possible to demand the implementation of security agreements from European partners.

Ukraine will have the opportunity to contribute to the investigation of crimes committed by Russians on its territory, and will strengthen Russia's international isolation.

In addition, the ratification of the Rome Statute will increase the chances of victims of Russian aggression to receive compensation payments from the Targeted

International Criminal Court. Ukraine will be able to influence the distribution of funds for those affected.

Also, it is important that in connection with the ratification of the Rome Statute of the International Criminal Court, for the proper functioning of the International Criminal Court, Ukraine should amend the Criminal and Criminal Procedure Codes of Ukraine.

Therefore, a draft Law of Ukraine “On Amendments to the Criminal and Criminal Procedural Codes of Ukraine in connection with the ratification of the Rome Statute of the International Criminal Court and Amendments to it” was submitted to the Verkhovna Rada in order to comply with the requirements for the ratification of the Rome Statute of the International Criminal Court on August 15, 2024 (draft law № 11484).

The main novelties should be the addition of the Criminal Code of Ukraine with a new article 442-1, which is designed to introduce criminal liability in Ukraine for crimes against humanity and implement Article 7 of the Rome Statute.

It is logical and appropriate to supplement Part 1 of Article 442 of the Criminal Code of Ukraine, which proposes to state in accordance with the text of Article 6 of the Rome Statute of the International Criminal Court, namely to provide that, in addition to the acts listed in the current Criminal Code, the criminal must also be punished for causing mental disorder with a view to the total or partial destruction of any national, ethnic, racial or religious group.

In order to comply with the requirements of Article 70 “Crimes against the sending of justice” of the Rome Statute, which provides for the possibility of transferring to States proceedings for crimes aimed at opposing the investigation and consideration of the case by the International Criminal Court, the relevant notes are included in Articles 376, 384 of the Criminal Code.

Amendments to the Criminal Procedure Code of Ukraine follow from amendments to the Criminal Code and stipulate that security investigators carry out pre-trial investigation of criminal offenses provided for in the new article 442-1 “Crimes against humanity”. A special pre-trial investigation is also provided for these crimes.

Therefore, in order to use the full functionality of the Rome Statute, parliamentarians need to make efforts to bring into line the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine, which in turn will provide an effective symbiosis for bringing to justice military and international criminals and protect Ukrainians and military employees of the Armed Forces of Ukraine.