The ratification of the Rome Statute is a positive step, but it has limitations that must be addressed

by time news

2024-08-22 09:12:00

In response to the announcement that The Parliament of Ukraine has voted in favor of ratifying the Rome Statute, paving the way for the country to join the International Criminal Court (ICC).Erika Guevara Rosas, director general of Research, Advocacy, Strategy and Campaigns at Amnesty International, said:

“Amnesty International welcomes Ukraine’s decision to ratify the Rome Statute. Ukraine’s full cooperation with the International Criminal Court is essential for effective justice to serve the victims of international crimes committed during the Russian invasion. It also shows the determination of the government of this country to accept the rights and obligations of the State Parties to the ICC Statute. “

The Ukrainian Parliament voted on a national constitution, which is available on the website of this legislative chamber, which includes the declaration that, during seven years after the entry into force of Ukraine’s ratification, Ukraine “I don’t agree[ría] jurisdiction of the International Criminal Court” on war crimes “when, presumably, the violation h[ubiera] “made by citizens.”

“This campaign is against the basic principles of international justice”Erika Guevara Rosas said. “In practice, this limitation may create uncertainty for the current and future processes of the International Criminal Court. So we need a solution through the ICC arbitration, since the matter may be different with the previous statement of Ukraine that knows the jurisdiction of this court on the crimes committed on its territory after February 20. 2014, and that he questioned whether making an exception for Ukrainians preserves the ICC’s jurisdiction over alleged war crimes committed in Ukraine by Russians and other countries. “Such negligence could prevent a prompt and effective investigation by the ICC into international crimes committed in Ukraine.”

“The people of Ukraine deserve justice, but Effective judgment cannot be chosen. While welcoming Ukraine’s ratification, Amnesty International is calling on Ukraine to reconsider urgently to suspend the jurisdiction of the International Criminal Court for seven years on the charges of war crimes committed by civilians, both as procedures to avoid the necessary destruction. the work of international justice carried out at the ICC.

Additional Information
On August 21, the Verkhovna Rada of Ukraine voted to ratify the Rome Statute of the International Criminal Court (ICC), which the country ratified in 2000.

Ukraine has twice accepted the jurisdiction of the ICC on alleged Rome Statute crimes committed on its territory, in accordance with Article 12.3 of the Statute. The first declaration presented by the Ukrainian government accepted the jurisdiction of the ICC with respect to alleged crimes committed on its territory between November 21, 2013 and February 22, 2014. The second extended this period indefinitely to cover the an alleged crime that has been committed throughout the territory of Ukraine since February 20, 2014.

Under article 124 of the Rome Statute, “by becoming a Party to this Statute, [un Estado] may declare that, for a period of seven years from the date the Act comes into force with it, it will not accept the jurisdiction of the Court on the category of crimes. [de guerra] when the commission of one of these crimes by the citizens of your country or in your territory is reported. A declaration made in accordance with this article may be withdrawn at any time.

Amnesty International has opposed the use of declarations under Article 124 as unnecessary and contrary to the main purpose of the Rome Statute: to end the punishment for these crimes. The organization has promoted this exemption, while in 1998 as a transitional provision and which has been used only in rare cases. In 2015, States Parties to the Rome Statute decided by consensus to withdraw Article 124 and urged future States Parties not to use it; However, the modification of the Rome Statute has not yet entered into force.

Ukraine shall become a State Party to the Rome Statute on the first day of the month after 60 days have passed from the date of the submission of its instrument of ratification to the Secretary-General of the United Nations.

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