On the ratification of the Rome Statute of the International Criminal Court by Ukraine

This article examines Ukraine's ratification of the Rome Statute of the International Criminal Court, analyzing legal, political, and geopolitical aspects, including delays, consequences, and the principle of complementarity.

O. Martyniuk; O. Mikhach; S. Antoniuk· Uzhhorod National University Herald. Series: Law· 2025· DOI 10.24144/2307-3322.2025.88.4.16

The core problem

The article addresses the conceptual issues surrounding Ukraine's ratification of the Rome Statute of the International Criminal Court (ICC), particularly in light of the armed aggression by the Russian Federation. It sets the stage by highlighting the legal, political, and geopolitical aspects that influence this ratification process. The author aims to analyze the reasons for the delay, the consequences for Ukraine's legal system, and the role of the Rome Statute in ensuring justice for war crimes, crimes against humanity, and crimes of aggression. The introduction underscores the importance of the principle of complementarity, which prioritizes national jurisdiction, and the potential risks and benefits of ratification, including Ukraine's international obligations and European integration aspirations.

The author employs a doctrinal legal analysis approach, examining the Rome Statute, the Constitution of Ukraine, decisions of the Constitutional Court of Ukraine, and relevant international agreements such as the EU-Ukraine Association Agreement. The methodology involves a critical review of legal and political documents, as well as an assessment of the geopolitical context. The analysis focuses on the reasons for the delay in ratification, including legal reservations and political circumstances, and evaluates the potential consequences for Ukraine's criminal and criminal procedure legislation. The study also considers the practical aspects of cooperation with the ICC and the implications of the principle of complementarity for national investigations.

Introduction

The article addresses the conceptual issues surrounding Ukraine's ratification of the Rome Statute of the International Criminal Court (ICC), particularly in light of the armed aggression by the Russian Federation. It sets the stage by highlighting the legal, political, and geopolitical aspects that influence this ratification process. The author aims to analyze the reasons for the delay, the consequences for Ukraine's legal system, and the role of the Rome Statute in ensuring justice for war crimes, crimes against humanity, and crimes of aggression. The introduction underscores the importance of the principle of complementarity, which prioritizes national jurisdiction, and the potential risks and benefits of ratification, including Ukraine's international obligations and European integration aspirations.

The author discusses the implications of ratification for Ukraine's legal system and international standing. The principle of complementarity is highlighted as a key mechanism that balances national sovereignty with international justice. The article notes that while ratification aligns with Ukraine's international obligations, particularly under the EU-Ukraine Association Agreement, it requires careful adaptation of national legislation and law enforcement mechanisms. The geopolitical context, including the ongoing aggression by the Russian Federation, adds urgency to the ratification process. The author concludes that ratification is an important step towards strengthening the international legal order and combating impunity for the most serious crimes, but it must be approached with caution to mitigate risks and ensure effective implementation.

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