PROBLEMS AND PROSPECTS OF RATIFICATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT IN UKRAINE

The article is devoted to the problems and prospects of ratification of the Rome Statute of the International Criminal Court in Ukraine, which is due to the importance of Ukraine's integration into the international justice system and its desire to strengthen the rule of law. The Rome Statute, which is the founding document of the International Criminal Court (ICC), provides for jurisdiction over the most serious international crimes, such as genocide, war crimes and crimes against humanity. Ratification of this statute is an important step for any state seeking to join global efforts to combat impunity for such crimes. It was discovered that this topic is quite controversial, as it causes wide discussions. In the context of the armed aggression against Ukraine, ratification of the Rome Statute becomes a critical tool for ensuring compliance with international law, protection of human rights and freedoms, and state sovereignty. The main problems were highlighted, including the inconsistency of the Rome Statute with the legislation of Ukraine, as reflected in the Constitution and the Criminal Code of the state, the uncertainty of domestic criminal law policy, in particular in the issue of disclosing the concept of crimes of aggression, and the implementation of the ICC Statute into the national legal system, based on reforms to prepare the judiciary and national legislation in accordance with international standards. The article also examines the peculiarities of cooperation between Ukraine and the International Criminal Court in ensuring the prosecution of persons for crimes against humanity, genocide, war crimes and crimes of aggression committed on the territory of the state by the aggressor country. For this purpose, the work of the Office of the International Criminal Court in Ukraine was noted, which indicates the strengthening of partnerships and increased efficiency in the investigation of international crimes. The work focuses on the opinions of leading scholars related to the topic of the article. Based on the results of the observations, it is established that the consent to be bound by this document has significant positive consequences for Ukraine, including the opportunity to be a full participant in the process in all structures of the International Criminal Court, ensuring the punishment of perpetrators of international crimes, as well as stimulating national authorities to investigate crimes more effectively and comply with international standards, which ultimately contributes to the strengthening of justice, the development of international cooperation, and the protection of human rights in the context of armed aggression.

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Publication Details

Journal
Scientific Notes Series Law
Published
2024-08-01
DOI
https://doi.org/10.36550/2522-9230-2024-16-246-252
Primary Topic
Legal Studies and Reforms
Type
article
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article

PROBLEMS AND PROSPECTS OF RATIFICATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT IN UKRAINE

Ельвіра Валентинівна Тітко, Myroslava Satsyk
Scientific Notes Series Law
Legal Studies and Reforms
article

PROBLEMS AND PROSPECTS OF RATIFICATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT IN UKRAINE

Ельвіра Валентинівна Тітко, Myroslava Satsyk
article en

Abstract

The article is devoted to the problems and prospects of ratification of the Rome Statute of the International Criminal Court in Ukraine, which is due to the importance of Ukraine's integration into the international justice system and its desire to strengthen the rule of law. The Rome Statute, which is the founding document of the International Criminal Court (ICC), provides for jurisdiction over the most serious international crimes, such as genocide, war crimes and crimes against humanity. Ratification of this statute is an important step for any state seeking to join global efforts to combat impunity for such crimes. It was discovered that this topic is quite controversial, as it causes wide discussions. In the context of the armed aggression against Ukraine, ratification of the Rome Statute becomes a critical tool for ensuring compliance with international law, protection of human rights and freedoms, and state sovereignty. The main problems were highlighted, including the inconsistency of the Rome Statute with the legislation of Ukraine, as reflected in the Constitution and the Criminal Code of the state, the uncertainty of domestic criminal law policy, in particular in the issue of disclosing the concept of crimes of aggression, and the implementation of the ICC Statute into the national legal system, based on reforms to prepare the judiciary and national legislation in accordance with international standards. The article also examines the peculiarities of cooperation between Ukraine and the International Criminal Court in ensuring the prosecution of persons for crimes against humanity, genocide, war crimes and crimes of aggression committed on the territory of the state by the aggressor country. For this purpose, the work of the Office of the International Criminal Court in Ukraine was noted, which indicates the strengthening of partnerships and increased efficiency in the investigation of international crimes. The work focuses on the opinions of leading scholars related to the topic of the article. Based on the results of the observations, it is established that the consent to be bound by this document has significant positive consequences for Ukraine, including the opportunity to be a full participant in the process in all structures of the International Criminal Court, ensuring the punishment of perpetrators of international crimes, as well as stimulating national authorities to investigate crimes more effectively and comply with international standards, which ultimately contributes to the strengthening of justice, the development of international cooperation, and the protection of human rights in the context of armed aggression.

Scientific Notes Series LawVol. 1(16)
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
Legal Studies and Reforms
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