Zelenskyy submits bill on ratification of ICC's Rome statute to parliament
President of Ukraine Volodymyr Zelenskyy proposes to the Verkhovna Rada to amend the Criminal and Criminal Procedure Codes in connection with the ratification of the Rome Statute of the International Criminal Court (ICC) and amendments thereto.
Relevant bill No. 11484 was registered in the Verkhovna Rada on Thursday, the parliament's website reports.
As noted in the explanatory note to the draft law, the head of state, in particular, proposes to implement Article 7 of the Rome Statute (crimes against humanity) by supplementing the Criminal Code with a new article establishing criminal liability for crimes against humanity.
In addition, Ukraine ratifies the Rome Statute with statements on the procedure for relations with the ICC, and for seven years after the entry into force of the Rome Statute, "Ukraine does not recognize the jurisdiction of the International Criminal Court against its citizens for crimes under Article 8 of the Rome Statute" (war crimes).
The bill also confirms Ukraine's recognition of the ICC's jurisdiction over crimes against humanity, genocide and war crimes, starting on November 21, 2013, and also declares recognition of the ICC's jurisdiction over the crime of aggression, starting on July 17, 2018 (the date of entry into force of the amendments adopted by the Assembly of States Parties to the Rome Statute in Kampala, regarding the crime of aggression).
Iryna Mudra, Deputy head of the President's Office, explained that thanks to the ratification of the Rome Statute, Ukraine will be able to punish Russian criminals, defend its interests in the ICC, as well as protect its military.
"By involving Ukraine in the ICC, it will be possible to increase the effectiveness of the ICC's work in relation to Ukraine, to bring to justice crimes committed by Russian citizens on the territory of Ukraine. In fact, we will be involved in the work of the key global justice body and will be able to influence the prioritization of our issue in it," Mudra wrote on her Facebook page.
She added that Ukraine's participation in the work of the ICC will strengthen the consideration of current cases against Putin, Shoigu and Gerasimov, as well as "open new ones and ensure fair punishment for all Russian criminals."
In addition, Ukraine will be able to participate in the Assembly of States Parties to the ICC and shape the policy of the ICC; nominate its candidate for the post of judge; and approve the allocation of the budget of the International Criminal Court to ensure proper investigation of Russian crimes in Ukraine.
Ukraine will also be able to participate in the elections of judges and other elected officials to the ICC and influence the development of amendments to the Rome Statute, "which is key for us in protecting our military."
Mudra also recalled that one of the requirements for Ukraine's accession to the EU bloc is the ratification of the Rome Statute.
"A number of already signed security agreements with countries also contain provisions on the ratification of the Rome Statute, in particular with the Netherlands and Germany. Under the terms of the security agreements, we receive military, financial and diplomatic support from our partners, and in return we carry out reforms and harmonize our legislation. Therefore, ratification will be a powerful signal of our commitment to our obligations," the deputy head of the President’s Office wrote.
She noted that Ukrainians who have suffered from Russian crimes will increase their chances of receiving compensation, since Ukraine's full participation in the ICC will simplify Ukrainians' access to the special Trust Fund of the International Criminal Court for victims.
In addition, Ukraine will be able to protect its military, but "it should be understood that ratification does not mean that there will be a risk of bringing our military and other citizens to justice."
Mudra explained that, firstly, Ukraine has already fully recognized the jurisdiction of the ICC since November 21, 2013 with two relevant statements, and secondly, Ukrainian citizens "can appear before the ICC only if national courts are unable or unwilling to prosecute international crimes."