«Ukrainian soldiers must be protected»: how the Verkhovna Rada ratified the Rome Statute

The Verkhovna Rada has ratified the Rome Statute, a document that Ukraine initially signed in January 2000. The decision was supported by 381 MPs, with 24 voting against it.

During the session, Minister of Justice Denys Malyuska emphasized the importance of protecting the Ukrainian military. He addressed concerns that the Rome Statute might weaken the legal protection of Ukrainian soldiers in terms of reputation and communication. Malyuska clarified:

“I understand that there is a perception that the Rome Statute could undermine the legal protection of our military. This is not true. In 2014 and 2015, the Verkhovna Rada adopted two resolutions recognizing the jurisdiction of the International Criminal Court (ICC). Unfortunately, these resolutions were drafted without adequate support from international lawyers, leading to restrictions that only apply to crimes committed by the Russian Federation, its leaders, and the so-called ‘leaders’ of the ‘LDPR.’ These resolutions do not apply to the Ukrainian military and have no legal effect.

As a result, the ICC currently holds full jurisdiction over the Ukrainian military, leaving them unprotected by the International Criminal Court», — Malyuska explained before the vote.

Malyuska also noted that prior to ratifying the statute, Ukraine had no influence on the ICC’s operations.

“Refusing to Ratify is Unacceptable”

MP Larysa Bilozir of the Dovira parliamentary group described the ratification of the Rome Statute as a significant political and historical step that Ukraine should have taken long ago. She remarked:

“After signing the Association Agreement with the EU in 2014, we committed to ratifying the Rome Statute. Why was this delayed? For years, there was concern that ratification could expose Ukrainian military personnel to prosecution, and Russia could flood member states with fabricated complaints.

However, the ICC’s current focus is shifting. The Court has issued six warrants for the prosecution of top officials from the Russian terrorist group, including Putin, Gerasimov, Shoigu, and Lvova-Belova. As we can see, only the most serious cases reach the ICC. It is hypocritical to demand justice from The Hague for Putin and his associates while refusing to ratify the Rome Statute, the foundation upon which the ICC operates».

Bilozir also highlighted the seven-year deferral period, which allows Ukraine time to prepare for engagement with the ICC while actively participating in its work.

Who Voted Against?

Among those who opposed the ratification was Artur Herasymov, a member of the European Solidarity party. He pointed out that while the document is presented as a step toward European integration, EU accession involves a long list of requirements that Ukraine must meet. According to Herasymov, the government has started with the wrong priority—the Rome Statute.

“This is something that can and should wait until we defeat Russia and complete negotiations with the EU. Ratifying this document now could open the door to abuse by Russia and its allies, who may bring numerous false cases against Ukrainian soldiers», — Herasymov warned.

Earlier, President Volodymyr Zelenskyy submitted draft law No. 11484 to parliament, proposing the ratification of the Rome Statute of the ICC and related amendments.

Deputy Head of the Presidential Office Iryna Mudra stated that the adoption of this draft law would enable Ukraine to:

• Participate in the Assembly of States Parties to the ICC and influence its policies;
• Nominate a candidate for an ICC judge position;
• Approve the ICC budget allocations necessary for investigating Russian crimes in Ukraine;
• Participate in the election of judges and other officials, including the ICC prosecutor, and influence amendments to the Rome Statute, which is crucial for protecting Ukrainian military personnel.

As a reminder, Ukraine signed the Rome Statute in January 2000.