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Ukrainian Legislators Visit PGA and ICC to Demand Protection from Sexual and Gender Based Violence (SGBV)

From Left to Right: Dr. David Donat Cattin, Mr. Christian Nygard Nissen, Mr. Nicos Argyrides, representative from the Ukrainian Embassy translating, Mrs. Iryna Lutsenko and Ms. Olena Suslova from the NGO Women’s Information Consultative Center
From Left to Right: Dr. David Donat Cattin, Mr. Christian Nygard Nissen, Mr. Nicos Argyrides, representative from the Ukrainian Embassy translating, Mrs. Iryna Lutsenko and Ms. Olena Suslova from the NGO Women’s Information Consultative Center

PGA received Ukrainian legislators Mrs. Iryna Lutsenko (MP, member of the parliamentary faction of the Party "Petro Poroshenko Bloc, Chairman of the Subcommittee on International Legal and parliamentary control over the implementation of international obligations and member of the Committee on Foreign Affairs) and PGA member Ms. Iryna Suslova (MP, Samopomich Party) during their visit to The Hague.

Ukraine has recently expanded the jurisdiction of the ICC over its territory by issuing a second Declaration (as defined in the Rome Statute article 12.3). The two visiting MPs, both in the government coalition led by the Poroshenko Bloc, assured the ICC President Judge Fernández de Gurmendi and Prosecutor Bensouda, as well as the ICC co-focal points on Universality Cyprus, Mr. Nicos Argyrides and Denmark Mr. Christian Nygard Nissen and the PGA Secretary General Dr. David Donat Cattin, that there is sufficient political will amongst enough MPs in the Ukrainian parliament to ratify the Rome Statute, proper sequencing of necessary reforms provided.

.As a result from the June expert sessions on the ICC organised by PGA in the Rada of Ukraine, PGA was approached by the delegation led by the Women’s Information Consultative Center from Ukraine that visited The Hague to learn about best practices regarding women's protection from Sexual and Gender Based Violence (SGBV) and cooperation of women NGOs in developing of National Action Plans regarding UN resolution 1325, supporting women in conflict, to organise meetings with representatives of PGA and the President and Prosecutor of the ICC.

While receiving the distinguished delegation from Ukraine, ICC President Judge Fernández stressed the importance of expanding the number of State Parties that have fully ratified and implemented the Rome Statute, to enable the Court to intervene in similar situations which currently cannot be addressed by the ICC due to a lack of participation of the concerning states in the Rome Statute system. In relation to this matter she stated that the Court welcomes the acceptance of ICC jurisdiction by Ukraine, where preliminary examinations are ongoing, while expressing the sincere hope for a future ratification of the Rome Statute by Ukraine.

Prosecutor Bensouda addressed the ongoing preliminary investigations in Ukraine. The latest declaration on behalf of the Ukrainian government with respect to acceptance of the ICC jurisdiction has considerably expanded the scope of crimes under examination. The Prosecutor stated that “a 12.3 Declaration is good, but ratification of the Rome Statute is better!” She emphasized that the main criteria for the gathering of information and the analytical phase are full impartiality, objectivity and independence.

Consequently the Ukrainian delegation expressed they would like to be provided with a framework that stipulates the procedures and limitations for gathering of information, in order to comply with the official ICC procedures and to prevent the evidence presented in a future case to be deemed invalid. Another concern expressed by the Ukrainian delegation is the vulnerability of victims of sexual violence and gender related crimes, and specifically the confidentiality of the evidence.

On October 16th 2015 PGA has received an official Letter from the President of the Parliament of Ukraine addressed to the PGA Treasurer Ms. Margareta Cederfelt, MP (Sweden) and the Co-Convenor of the PGA Int. Law and Human Rights Program Ms. Barbara Lochbihler (MEP), inviting PGA to hold a Seminar on the ICC hosted by the President of the Rada of Ukraine in Kyiv in the week of December 14-18, 2015.

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