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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

Ukraine and the Rome Statute

Signature, Ratification of/Accession to the Rome Statute of the ICC
Signature Date: 20 January 2000
Ratification Date: Not yet Ratified
Amendments to the Rome Statute
Ratification of the Kampala Amendment to Article 8 of the Rome Statute on war crimes [poison and expanding bullets in NIAC] (2010): No
Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): No
Ratification of the Amendment to Article 124 of the Rome Statute (2015): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [biological weapons] (2017): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [blinding laser weapons] (2017): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [non-detectable fragments] (2017): No
Ratification of the Amendments to Article 8 of the Rome Statute on war crimes [starvation as a war crime in NIAC] (2019): No
Adoption of implementation legislation of the Rome Statute of the ICC

On 20 May 2021, the Verkhovna Rada (Parliament of Ukraine) adopted the Bill no. 2689 “On amendments to certain legislative acts on the Enforcement of International Criminal and Humanitarian Law”, with 248 votes in favour out of 363 Members present. The law has yet to be signed by the President.

Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): Yes. Ukraine acceded to the Agreement on Privileges and Immunities of the Court (APIC) on 29 January 2007, becoming the first and only, non-party state to the RS to do so.
Signature of Agreement of Enforcement Sentences with the ICC: No.
Signature of Agreement of Interim and Final Release with the ICC: No.
Signature of Bilateral Immunity Agreement with the USA: No.

Ratification of the Rome Statute:

As per a decision by the Constitutional Court of 2001, the Rome Statute was found to be in compliance with the Constitution of Ukraine with the exception of provisions according to which the International Criminal Court (ICC) jurisdiction is complementary to the national system (para. 10 of the preamble and Art. 17 of the RS). As such, a constitutional amendment on the complementary jurisdiction of the ICC was necessary for Ukraine to ratify the Rome Statute.

In 2016, the Parliament of Ukraine – with PGA’s involvement - amended the Ukrainian Constitution to recognize the jurisdiction of the ICC, thus removing all legal obstacles to ratification of the Rome Statute. A transitional provision was added to the amendment to article 124 of the Constitution so that such modification was due to enter into force 3 years after the publication of the law ie on 30 June 2019.

Since 30 June 2019, with all remaining constitutional obstacles removed, the Ukrainian parliament may ratify the Rome Statute. The formal ratification of the RS is subject to an active act of approval, through a law adopted by the Verkhovna Rada and signed by the President, followed by a deposit of the instrument of ratification at the UN Secretary General.

A large majority of Ukrainian officials, including the Ministry of Foreign Affairs and of Justice fully support the ratification and have expressed informally several times to civil society and EU officials that the delay was a decision of the former President of Ukraine, Petro Poroschenko. In August 2019, then Deputy Head of President Zelenskyi’s Office, Ruslan Ryaboshapka, said that one of the President’s priorities would be to ratify the ICC Rome Statute. The Ministry of Justice was ready to submit an existing draft law to the Parliament for the ratification of the RS. Such draft has been transmitted to the Office of the President in September 2019. However, it was withdrawn a year later.

Complementarity – adoption of implementing legislation

Despite the ongoing armed conflicts between (i) Ukraine and Russia and (ii) Ukrainian government forces and pro-Russian separatists in the Eastern Ukraine, triggered by the Euromaidan protests in 2014, Ukraine still lacks comprehensive legal instruments to ensure criminal accountability for the crimes committed. The current criminal code of Ukraine lacks provisions on crimes against humanity and the definition of war crimes does not fully meet the requirements of international law. Recognising the legal gap, the Chair of the Law Enforcement Committee of the Parliament of Ukraine authored draft law no. 2689 “On amendments to certain legislative acts on the Enforcement of International Criminal and Humanitarian Law”, which has been co-authored by PGA secretariat (Dr. David Donat Cattin and Ms. Frederika Schweighoferova).

On 17 September 2020, the Bill passed in its first reading by the Parliament of Ukraine. On 20 May 2021, the Verkhovna Rada (Parliament of Ukraine) adopted the Bill no. 2689 “On amendments to certain legislative acts on the Enforcement of International Criminal and Humanitarian Law”, with 248 votes in favour out of 363 Members present. However, months after its adoption, the law has yet to be signed and promulgated by the President of Ukraine in order to enter into force, or it will remain inoperative.

Under Article 94 of the Constitution of Ukraine, the President should sign the Law within 15 days from its receipt or return it to parliament for reconsideration. In the absence of action by the President in that timeframe, the Law should be considered approved and must be signed and officially promulgated. However, the effects of this article have not been triggered and the law continues being inoperative.

Cooperation legislation

Despite having ratified the APIC, and cooperating with the Office of the Prosecutor, Ukraine still lacks a set of detailed provisions allowing authorities to cooperate promptly and fully with the ICC (Rome Statute Part IX on International cooperation and judicial assistance).

In 2016, the Ukrainian Ministry of Justice, assisted by Ukrainian experts who were also engaged in the draft of the “complementarity” bill, prepared a “Draft Law on Amendments to the Criminal Procedural Code of Ukraine on Cooperation with the International Criminal Court”. After approval by the Cabinet of Ministers, the draft law was submitted to the Rada in May 2017. It was circulated to the relevant Parliamentary committees for their consideration in September 2017,  and submitted to a Committee for analysis in April 2018. However, it has not been given any consideration since, and plans from the Executive in this regard remain unclear.

ICC Preliminary investigation

On 17 April 2014 and 8 September 2015, Ukraine lodged two ‘ad hoc’ declarations under Art. 12.3 of the Rome Statute, accepting the jurisdiction of the ICC over alleged crimes committed on its territory from 21 November 2013 onwards, without ratifying the Statute, however.

On 25 April 2014, the Office of the Prosecutor of the ICC opened a preliminary examination of the situation in Ukraine. On 11 December 2020, the ICC Prosecutor announced the completion of her preliminary examination of the situation in Ukraine, having concluded that there was a reasonable basis to believe that war crimes and crimes against humanity were committed and moving forward to requesting authorisation from the Judges of the Pre-Trial Chamber of the ICC to open an investigation.

International obligations

European Union-Ukraine Association Agreement
After the Euromaidan protest movement lasting from 21 November 2013 to 22 February 2014, Ukraine and the EU entered into an Association Agreement. The Agreement imposes the obligation on Ukraine to ratify the Rome Statute through its Art. 8 which reads: “The Parties shall cooperate in promoting peace and international justice by ratifying and implementing the Rome Statute of the International Criminal Court (ICC) of 1998 and its related instruments.”

Nuremberg principles
Many of these provisions have also been long established in the Nuremberg principles (1947 United Nations General Assembly Resolution 177).

Parliamentary Assembly of Council of Europe:
PACE has called on Ukraine to ratify and implement the RS in several of its resolutions, including Resolution 2134 (2016) on Co-operation with the International Criminal Court: towards a concrete and expanded commitment; resolution on “Humanitarian consequences of the war in Ukraine” (Res. No 2198 (2018), the Parliamentary Assembly urged the Ukrainian authorities to "bring the Criminal and Criminal Procedure Codes in line with international humanitarian and international criminal law."

Status of the Rome Statute System as of February 2024:

 
States that have ratified the Rome Statute [124]
 
States that have signed the Rome Statute but have not ratified it yet [30]
 
States that have withdrawn from the Rome Statute [2]
 
States that have neither signed nor ratified the Rome Statute
 

124 countries are States Parties to the Rome Statute of the International Criminal Court. Of these, 33 are African States, 19 are Asia-Pacific States, 19 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Publication

Parliamentary Kit on the International Criminal Court
Parliamentary Kit on the International Criminal Court

Parliamentary Kit on the International Criminal Court

It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

Description

Created by the Rome Statute, the International Criminal Court (ICC) is the first permanent and independent international court capable of investigating and bringing to justice individuals who commit the most serious violations of international criminal law, international humanitarian law, and human rights.

The Rome Statute defines the crimes under the Court’s jurisdiction and provides the general principles and procedures for the operation of the Court. It also outlines the cooperation obligations of its State Parties.

It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

PDF(s)

Additional Details

  • Publication Type: Toolkit
  • Author(s): Parliamentarians for Global Action

Timeline of the events

  1. 20 January 2000

    Ukraine signed the Rome Statute (RS).

  2. 29 January 2007

    Ukraine ratified the Agreement on Privileges and Immunities of the Court (APIC).

  3. 17 April 2014

    The Government of Ukraine lodged a declaration under article 12(3) of the Rome Statute accepting the ICC's jurisdiction.

  4. 25 April 2014

    ICC Prosecutor announced opening a preliminary examination of the situation in Ukraine.

  5. 05 September 2014 / 12 February 2015

    Minsk agreement (Protocol and Memorandum and subsequent Package of Measures) signed between Russia and Ukraine and endorsed by the UN Security Council in resolution 2202. Contains highly problematic Art. 5 on amnesties (“Provide pardon and amnesty by way of enacting a law that forbids persecution and punishment of persons in relation to events that took place in particular districts of Donetsk and Luhansk oblasts of Ukraine.”).

  6. 16 September 2014

    The Rada of Ukraine voted unanimously on an Association Agreement with the EU that includes two clauses on ICC ratification and implementation.

  7. December 2014

    Parliamentary elections. PGA organised a mission to the Rada and broadened its membership.

  8. 08 September 2015

    The Government of Ukraine lodged a second declaration under article 12(3) of the Statute accepting the exercise of jurisdiction by the ICC in relation to alleged crimes committed on its territory from 20 February 2014 onwards, with no end date.

  9. 02 June 2016

    Parliament of Ukraine adopted an amendment to article 124 of the Constitution of Ukraine which stated that the ICC jurisdiction may be recognized by Ukraine and introduced a special clause – included by the President- which delayed the possibility of the ratification to be considered by the Parliament for 3 years.

  10. 12-14 July 2016

    Roundtable (co-organised by PGA and NGOS, Human Rights Agenda) to promote Legislative/draft law to implement the RS, prepared by international experts and, with the input of PGA, and supported by the Ministry of Justice of Ukraine. The draft law has been introduced to the Parliament and submitted to the consultations at the Ministry of Justice of Ukraine and the Ministry of Foreign Affairs.

  11. 1 September 2017

    EU-Ukraine Association Agreement (signed in 2014) entered into force. Article 8 states: “The Parties shall cooperate in promoting peace and international justice by ratifying and implementing the RS of the ICC of 1998 and its related instruments”.

  12. 20 December 2018

    The draft law was registered as bill 9438 after having been endorsed by the Cabinet on 18 December 2018.

  13. 27 February 2019

    The draft bill 9438 was considered by the Legislative Committee which approved the text for further consideration in plenary.

  14. 31 March/ 21 April 2019

    Presidential elections- overwhelming victory of Mr. Volodymyr Zelenskyi (Servant of the People party)- obtained 73.22% of the votes in the second round.

  15. 6 June 2019

    the draft bill 9438 was adopted in first reading, a few weeks before the Parliamentary elections, subsequently registered as n°0892.

  16. 30 June 2019

    Constitutional transition period provisions amendment to article 124 expired. No more obstacles to joining the ICC, path to ratification has opened.

  17. 21 July 2019

    Snap legislative elections (originally scheduled to be held at the end of October) marked a majority victory by Servant of the People party which scored the first ever parliamentary majority in the history of independent Ukraine. 80% of MPs have been newcomers.

  18. August 2019

    Then Deputy Head of President Zelenskyi’s Office, and former Prosecutor General, Ruslan Ryaboshapka, announced that one of the President’s priorities would be to ratify the ICC Rome Statute.

  19. September / October 2019

    A new draft law implementing International humanitarian law (IHL) and International criminal law (ICL) was presented by the new Government, replacing the previous Bill 0892 (that had already passed the first reading under the previous legislature).

  20. 21 October 2019

    The Prosecutor General set up a specialized "Department for Supervision in Criminal Proceedings of the Crimes Committed in Armed Conflict" in Crimea and Eastern Ukraine.

  21. 27 December 2019

    Bill 2689 (The Bill on Amendments to Certain Legislative Acts of Ukraine on the Implementation of the International Criminal and Humanitarian Law), registered in the Parliament (with the incorporated amendments submitted by PGA, following the Roundtable and bilateral meetings organized by PGA and CCL, under the aegis of the Committee on Foreign Policy of the Verkhovna Rada on 28 November 2019).

  22. 5 February 2020

    The Committee on Legislative Support of Law Enforcement of the Verkhovna Rada, chaired by Mr. Denys Monastyrskyi (PGA member), resolutely approved Bill no. 2689. This was followed by a high-level roundtable in the Verkhovna Rada organised by CCL and the Law Enforcement Committee on 7 February to support the adoption of the Bill 2689, attended by 120+ participants. PGA Secretariat was one of the panellists to present its position.

  23. 18 September 2020

    The Parliament of Ukraine passed in its first reading the Bill implementing international criminal and humanitarian law into the domestic legislation of Ukraine.

  24. 11 December 2020

    Conclusion of the ICC preliminary examination (investigation not launched yet)

  25. 21 May 2021

    The Verkhovna Rada adopted the Bill no. 2689 “On amendments to certain legislative acts on the Enforcement of International Criminal and Humanitarian Law”, with 248 votes in favour out of 363 Members present. The law (now registered as Law No. 1164-IX) has yet to be signed and promulgated by the President.

 

PGA’s involvement

  1. 17 July 2014

    A delegation of Ukrainian PGA members visited The Hague to meet the Dutch Parliamentarians and the ICC officials.

  2. 28 September 2015

    PGA organised a mission of Ukrainian Parliamentarians to the Hague to meet with ICC officials in the Hague to discuss urgent protection from sexual and gender based violence in light of the on- going armed conflict in Ukraine.

  3. 20 – 22 April 2015

    A delegation from PGA’s Campaign for the Rome Statute of the ICC conducted a field mission in Kyiv, meeting with newly elected parliamentarians and key stakeholders in order to familiarize them with PGA’s goals and activities with respect to Rome Statute.

  4. 18- 19 June 2015

    PGA hosts a Parliamentary round-table working session on “ICC Ratification: Increasing the Opportunities for Justice in Ukraine”, in which Parliamentarians were informed about the technical aspects and procedural issues in ratifying the Rome Statute. See the outcome document.

  5. 15 September 2015

    PGA published an op-ed: Why Ukraine has nothing to lose from ratifying the Rome Statute of the ICC, but everything to gain” to counter the misinformation of Ukrainian decision-makers.

  6. 14-16 December 2015

    Parliamentary Seminar on ICC in Ukraine, under high patronage of Chairman of Verkhovna Rada and fraction meetings.

  7. 12-14 July 2016

    Parliamentary Roundtable organised by PGA and NGO Human Rights Agenda with the support of the Ministry of Justice of Ukraine. It introduced a draft law to implement the RS into the criminal code of Ukraine, prepared by experts, with PGA's input. The draft law was submitted to the consultations at the Ministry of Justice and the Ministry of Foreign Affairs.

  8. 23 December 2016

    Chair of PGA Ukraine National Group hosts Roundtable on Rome Statute Implementation

  9. 05 October 2017

    Chairman of the Human Rights Committee Hryhoriy Nemyria held a meeting with the Secretary General of the Parliamentarians for Global Action

  10. 06 October 2017

    PGA Mission to Kyiv reinforces Ukrainian MPs commitment to prevent and address atrocities

  11. 20 February 2017

    Chair of PGA Ukraine Group Demands that his Country Urgently Joins the ICC

  12. 12 March 2018

    The Chairman of the Ukrainian Human Rights Committee met with the President and Secretary General of PGA

  13. 21 March 2018

    PGA President met with Speaker of the Rada of Ukraine and key Legislators in Kyiv.

  14. 09 May 2018

    PGA and Centre for Civil Liberties co- organised a Roundtable at Ukrainian Parliament: Ensuring harmonization of the criminal legislation with provisions of the international law in the Verkhovna Rada in Kyiv.

  15. 17 - 18 November 2018

    10th CAP-ICC and 40th Annual Forum of PGA organised in the Verkhovna Rada of Ukraine, Kyiv.

  16. 23 September 2019:

    A letter sent by NGOs, incl. PGA, to President Volodymyr Zelenskyy, President of Ukraine, asking his government to immediately ratify to and ensure the implementation of the RS.

  17. 07 October 2019

    Dr. Cattin, PGA’s Secretary General, writes an op-ed in response to “The Rome Statute is a trap for Ukraine” written by Deputy Minister of the Interior Oleksandr Chebanenko.

  18. 28 November 2019

    Roundtable to support the RS ratification and the IHL/ICL implementing legislation process, organized by PGA and CCL, under the aegis of the Committee on Foreign Policy of the Verkhovna Rada. As a result, PGA, has been asked to make submissions on the new Bill which were incorporated in the final version of the Bill: 12 and 19 December 2019.

  19. 03 December 2019

    PGA Member Hon. Hryhoriy Nemyria, MP (Ukraine) addressed the 18th Assembly of States Parties, committing Ukraine to ratify the Rome Statute.

  20. 07 February 2020

    PGA addressed a high-level roundtable in the Verkhovna Rada to support the Bill 2689 implementing provisions of international criminal and humanitarian law into the Criminal Code of Ukraine, attended by 120+ participants (organised by the CCL and the Law Enforcement Committee of the Rada). PGA and CCL drafted a resolution calling on Parliamentarians to support the Bill 2689.

  21. 17 July 2020

    PGA co-organised a web-seminar with its partner, Centre for Civil Liberties, and experts in Ukraine.

  22. 16 September 2020

    Joint NGO Letter to Members of the Rada on Aligning Domestic Legislation with International Criminal Law and International Humanitarian Law

  23. 11 November 2020

    PGA participates in a meeting with the authors of the bill № 2689.

  24. 12 December 2020

    PGA comments for the second reading of the Bill no. 2689 “On Amendments to Certain Legislative Acts on the Enforcement of International Criminal and Humanitarian Law”.

  25. 15 March 2021

    PGA sends letter to the Ukrainian President and Chairman of the Verkhovna Rada in support of the adoption of the Bill no. 2689.

  26. 9 March 2021

    PGA submits a commentary to the selected provisions of the latest version of the Bill no. 2689.

  27. May 2021

    PGA sends letters to the Ukrainian President and Chairman of the Verkhovna Rada urging the signature of the Law No. 1164-IX (Bill no. 2689 prior to its adoption).

  28. 19 and 21 July 2021

    PGA addresses two panels on the (i) misconception about the ratification of the Rome Statute and (ii) Cooperation between Ukraine and the International Criminal Court: will the reality of expectations be met? (organised on the occasion of the Week of International Criminal Justice by Centre of Civil Liberties).

  29. 30 September 2021

    Joint letter, co-signed by PGA, to the Ukrainian President to sign the Law No. 1164-IX

 

Work of PGA in this Country:

"No to War in Ukraine - 28" by garryknight is marked with CC0 1.0. To view the terms, visit https://creativecommons.org/publicdomain/zero/1.0/?ref=openverse.

On 24 February 2022, when the Russian Federation declared to the world the launch of its full-scale invasion against Ukraine. This grim date marks the beginning of a war that has actually been ongoing for a decade.

On 31 January- 1 February 2024, Parliamentarians for Global Action (PGA) facilitated a visit of a Ukrainian parliamentary delegation to the Hague

The purpose of the visit was two-fold: to advance the Rome Statute ratification and implementation process, as well as assist the Ukrainian parliamentarians in their advocacy for political support with the legislators of the Netherlands.

Photo Courtesy: Tomas Razmus

PGA expresses its profound solidarity and support to Mr. Kara-Murza, his wife, and his children and strongly condemns the politically motivated conviction based on fabricated charges as well as the unjust sentence imposed for his criticism of Russia’s war of aggression against Ukraine.

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Niklas Elmehed © Nobel Prize Outreach

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Photo by Mathias Reding: https://www.pexels.com/photo/sign-save-ukraine-on-protest-against-war-in-ukraine-11421084/

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International Criminal Court, The Hague, Netherlands. Photo: Daniel Garzón López

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Photo by Max Kukurudziak on Unsplash

PGA joins the forceful statement issued today in Kyiv by the Euromaidan SOS coalition calling for the President of Ukraine to sign into law Act of Parliament No. 2689

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Photo by Rostislav Artov on Unsplash

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Parliament of Ukraine Adopts Bill to Implement International Criminal and Humanitarian Law

Verkhovna Rada (Parliament of Ukraine) adopted Bill 2689 “On amendments to certain legislative acts on the Enforcement of International Criminal and Humanitarian Law”

Image: 5 February 2020, the Committee on Legislative Support of Law Enforcement of the Verkhovna Rada

Bill no. 2689 harmonizes the criminal code of Ukraine with international criminal law and international humanitarian law.

Nuremberg Prosecutor Ben Ferencz, 100 years' old, addressing the 17 July 2020 event on International Justice Day hosted by PGA UN Committee Chair Ambassador Christian Wenaweser (Liechtenstein).

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