Ukraine took a significant step towards potential membership in the International Criminal Court (ICC) by ratifying the Rome Statute. This move, approved by the Verkhovna Rada, Ukraine’s parliament, is seen as a way to increase the possibility of prosecuting alleged war crimes by Russians and improving the prospects of compensation for victims.
Deputy Justice Minister Iryna Mudra stated, “We are trying to take real steps on all of the fronts of international justice to bring the Russian Federation to justice.” She also mentioned that ratifying the Rome Statute could enhance the chances of victims receiving compensation for war crimes attributed to Russia.
Although Ukraine has not yet become a member of the ICC, it has recognized the court’s jurisdiction since 2013. The ICC’s prosecution office initiated an investigation in 2022.
In response to alleged war crimes such as the forced deportation of Ukrainian children, in 2023, the ICC issued arrest warrants for Russian President Vladimir Putin and other officials. Furthermore, Ukraine sees ICC membership as a prerequisite for joining the European Union, a goal it aspires to achieve. Earlier, Ukraine had signed the Rome Statute in 2000, but faced opposition that led to the agreement being declared unconstitutional in 2001 due to concerns about the ICC’s authority over Ukrainian actions.
After the annexation of Crimea by Russia in 2014, the issue of ICC membership resurfaced. Some Ukrainians were worried that ratifying the Rome Statute would make Ukrainian citizens involved in the conflict vulnerable to ICC prosecution. To address these concerns, the legislation includes a provision stating that Ukraine will reject the ICC’s jurisdiction in cases potentially involving Ukrainian nationals.
Human Rights Watch’s Liz Evenson sees Ukraine’s ratification of the Rome Statute as a positive step towards establishing a global accountability system for grave offenses. Nevertheless, she urges Ukraine to ratify the Rome Statute without any limitations. According to Evenson, restrictions in the law could shield offenders from accountability, failing to meet the needs and expectations of victims and survivors in Ukraine who have advocated for ICC membership for an extended period.
