Year: 2025
Type: article
Abstract: The article deals with conceptual issues related to legal, political and geopolitical aspects of Ukraine’s ratification of the Rome Statute of the International Criminal Court (ICC) in the context of the armed aggression of the Russian Federation. The author analyses the reasons for the delay in the ratification process, including legal reservations of the Constitutional Court of Ukraine, political circumstances and the international context. The author examines the consequences of ratification for the legal system of Ukraine, including changes in criminal and criminal procedure legislation, as well as the peculiarities of cooperation with the ICC. The role of the Rome Statute in ensuring justice for war crimes, crimes against humanity and crimes of aggression committed during the war of the Russian Federation against Ukraine is considered. Attention is focused on the principle of complementarity, which determines the priority of national jurisdiction over international jurisdiction. It is noted that due to this principle, Ukraine has the opportunity to investigate crimes as a matter of priority, which avoids excessive interference of international judicial institutions in the internal affairs of the country. The article also emphasises that the ratification of the Rome Statute carries potential risks, including the possibility of prosecution of Ukrainian military personnel in case of doubts about their compliance with international humanitarian law. The author analyses the political challenges associated with ratification, including possible attempts by aggressor states to use the ICC mechanisms to exert political pressure on Ukraine. The article highlights Ukraine’s international obligations to the European Union in the light of European integration, in particular, compliance with the provisions of the EU-Ukraine Association Agreement. At the same time, the benefits gained by Ukraine after joining the Rome Statute are assessed, including the expansion of international cooperation, strengthening of Ukraine’s role in global law enforcement and strengthening of its position in the field of international justice. However, the author emphasises the need for further improvement of national legislation in order to effectively implement the provisions of the Rome Statute. The author concludes that Ukraine’s ratification of the Rome Statute is an important step towards strengthening the international legal order and combating impunity for the most serious crimes, but it requires a careful approach to the adaptation of national legislation and law enforcement mechanisms.
Authors: Мартинюк, О. В., Міхач, О. Т., Антонюк, С. Р.
Institution: Vasyl' Stus Donetsk National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7044532948
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