Ukraine became the 125th state party [6] to the Rome Statute of the International Criminal Court (ICC) on Jan. 1. With the ratification of the Rome Statute [7], Ukraine gains full participation rights within the ICC framework [8], which includes the power to refer cases to the Court. Moreover, ratification strengthens Ukraine's ability to prosecute international crimes domestically, aligning its legal system with international standards. Ukraine, however, invoked a transitional provision [9] that limits ICC jurisdiction over war crimes committed by its nationals for seven years, raising concerns about potential selective justice and access to accountability for victims.
The milestone follows the ratification of the statute [13] by the Ukrainian parliament, the Verkhovna Rada, on Aug. 21, 2024, and its subsequent signing [14] into law by President Volodymyr Zelensky on Aug. 24, Ukraine's Independence Day. The ratification signifies Ukraine's commitment [15] to international justice and accountability for offenses such as genocide and war crimes, which is particularly reevant in light of the ongoing conflict within its borders.
The ratification process has been a long journey for Ukraine, which signed the Rome Statute in 2000 but delayed full membership [16] for over two decades. This delay was attributed to various political and legal complexities [17], including concerns over national sovereignty and the implications of ICC jurisdiction. However, recent escalations [18] in the conflict have intensified [19] calls for accountability, prompting a renewed focus on joining the ICC.
This historic step is viewed as a reaffirmation of Ukraine's dedication to combating impunity and enhancing global accountability mechanisms. Human rights advocates have expressed optimism [20] about this development while urging Ukrainian authorities to ensure comprehensive justice [21] for all perpetrators of international crimes without exceptions. Ukraine's accession comes at a critical time when the ICC is actively pursuing cases related to alleged war crimes in Ukraine amid Russia's ongoing military aggression. [22]
The Rome Statute was adopted on July 17, 1998, during a United Nations diplomatic conference [23] in Rome, and is the foundational treaty for the ICC. The Rome Statute came into force on July 1, 2002, after receiving 60 ratifications. The statute establishes the ICC's jurisdiction over four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These crimes are defined within the statute and are subject to prosecution when national jurisdictions are unable or unwilling to act.
From JURIST [11], Jan. 2. Used with permission.
See our last report on criminal charges [24] related to the Ukraine war.
See our feature, "U [25]kraine's Difficult Path to Justice [25]"
