Koval Dmytro, Soldatenko Mykhailo. Why is Ukraine ratifying the Rome Statute with an Article 124 caveat?
On Aug. 24—Ukraine’s 33rd Independence Day—Ukrainian President Volodymyr Zelenskyy signed a law on ratifying the Rome Statute of the International Criminal Court (ICC). It should enter into force together with an implementation law aligning Ukrainian legislation with the Rome Statute, which is still being considered by the Ukrainian Parliament. Still, reportedly due to Ukrainian military and security officials’ concerns about potential ICC exposure, Ukraine declared, according to Article 124 of the statute, that it does not accept the ICC jurisdiction on war crimes over its nationals for seven years after it becomes a state party to the statute. Despite uncertainties over the legal effect of Ukraine’s declaration, Ukrainian legal advisers argue that it “removes existing risks for [Ukrainian military]” and does not prejudice Ukraine’s justice efforts. At the same time, some international scholars and nongovernmental organizations considered the caveat to signal double standards. For example, Tufts Law Professor Tom Dannenbaum argues that “Ukraine risks sacrificing the moral high ground for little or no benefit.”
