Statement by the delegation of Ukraine on the Report of the International Criminal Court
Madame President,
Ukraine aligns itself with the statement delivered by the European Union, and we would like to add a few remarks in national capacity.
We welcome the President of International Criminal Court for the comprehensive presentation of the Court annual activities.
This year became a significant for the ICC not only due to the 20th anniversary of the adoption of the Rome Statute, but also in a view of activation of its jurisdiction over the crime of aggression on 17 July 2018. It is a huge step forward for the international criminal justice system and for strengthening the preventive role of the Court, as well as further contribution in maintaining international peace and security.
As a co-sponsor of today’s resolution, I would like to emphasize again the importance of cooperation of States that are not parties to the Rome Statute, the United Nations and other international and regional stakeholders with the ICC to enable carrying out its activities.
Madame President,
Ukraine supports the International Criminal Court, which proved its efficiency by promoting the rule of law and combating against impunity.
It is important to highlight that Ukraine was among the first to support the idea of establishing the first permanent treaty-based international tribunal to deal with individual criminal responsibility for the most serious crimes under international law. Ukraine actively participated in the Preparatory Committee on the Establishment of the ICC, in 2000 I had the honour to personally sign the Rome Statute. Ukraine was also among the first non-State Parties to ratify the Agreement on Privileges and Immunities of the ICC.
At the same time, Ukraine is not yet a party to the Rome Statute. However, on 17 April 2014, the Government of Ukraine lodged a declaration under article 12(3) of the Rome Statute accepting the ICC’s jurisdiction over crimes committed on its territory from 21 November 2013 to 22 February 2014. Further, on 8 September 2015, the Government of Ukraine lodged a second declaration under article 12(3) of the Statute accepting the exercise of jurisdiction by the ICC in relation to crimes committed on its territory from 20 February 2014 – since the beginning of the military aggression of the Russian Federation against Ukraine.
These declarations have been made for an indefinite duration. Thus, the ICC will be able to exercise its jurisdiction over such crimes regardless of the nationality of persons who have committed them, even if they were citizens of the third states.
Madame President,
During the reporting period, the Court continued to actively engage with Ukrainian authorities and non-governmental organizations with regard to the preliminary examination of the situation in Ukraine, both through consultations at the Court and during its missions to Ukraine, latest took place in June this year.
In particular, Ukrainian law enforcement agencies in cooperation with civil society organizations and human rights defenders continued to document and provide the Court with additional information, facts and evidence related both to the nature of existing armed conflict in Ukraine as international armed conflict caused by armed aggression of the Russian Federation against Ukraine as well as to numerous war crimes committed by the aggressor-state armed forces, its occupation authorities, its personnel and proxies in the temporarily occupied territories of Ukraine.
We appreciate the work done by the Office of the Prosecutor and look forward to the ICC Report on Preliminary examination activities in 2018.
Madame President,
It is a priority for Ukrainian authorities and high demand of the people of Ukraine to prosecute and hold to account organizers, supporters and perpetrators of grave crimes committed in Ukraine. In this regard, I would like to reiterate Ukraine’s commitment to fight against impunity and to ensure that my country will not spare effort to achieve justice.
Thank you.