THE ROME STATUTE: BEWARE OF GREEKS BEARING GIFTS

Deputy Head of the Office of the President Ruslan Ryaboshapka announced his intention to “finally ratify” the Rome Statute of the International Criminal Court.

Let`s try to offer counter-arguments to the theses outlined by Ruslan Ryaboshapka.

1. “The ratification of the Rome Statute of the International Criminal Court is part of the European Union Association Agreement. This is an international commitment.”

This statement is not entirely true. According to the Association Agreement between Ukraine and the European Union, the parties pledged to cooperate “to strengthen peace and international justice by ratifying and implementing the Rome Statute of the International Criminal Court of 1998 and related documents”.

2. “The need to ratify the Rome Statute is stated in the Constitution of Ukraine”

This statement does not exactly correspond to reality. According to article 124 of the Constitution of Ukraine, “Ukraine may recognize the jurisdiction of the International Criminal Court under the terms established by the Rome Statute of the International Criminal Court”. That’s all.

3. “Crimes committed on the territory of Ukraine as a result of the war are the jurisdiction of the International Criminal Court.”

This statement is not entirely true. The court is competent to prosecute persons (including the leadership of states) responsible for genocide, war crimes and crimes against humanity. Strange to say, but responsibility for the majority of the specified crimes is provided by the current Criminal Code of Ukraine.

Oleksandr Chebanenko, the expert on the law enforcement and judicial systems reform programme of the Ukrainian Institute for the Future (UIF)