UNBA Committee on International Law Commentary on the Ratification of the Rome Statute of the International Criminal Court by Ukraine
The UNBA International Law Committee has repeatedly stated that the advocacy community should support the idea of ratifying the Rome Statute and be ready for the new challenges it faces in connection with the armed conflict, in particular being able to provide legal protection for victims of war crimes and crime committed in eastern Ukraine and the Crimea. [1]
However, recently in an interview with Glavcom [2], Justice Minister of Ukraine Denys Maliuska stated that Ukraine had already ratified the Rome Statute of the International Criminal Court: "There are no violations of the Constitution. It provides for the ratification of the Rome Statute. And in general, it has been ratified, but with reservations", the Minister said.
According to the official, the state should conduct a dialogue on the issue of ratification of the statute and consider that a large part of society does not understand the risks and benefits that the ICC can give, as it is influenced by all sorts of myths: "It will, of course, take some time and dialogue. But this topic is so heated that one in five considers himself a specialist. In fact, a very limited number of people understand the real consequences and mechanisms, but a great number of people stand against it. So, here are more myths than realities", added Denys Maliuska.
The minister's statement has caused widespread public outcry. Some of the human rights activists were frankly surprised at the position of the head of the Ministry of Justice [3] and recalled that although Ukraine recognized the jurisdiction of the International Criminal Court ad hoc, it had not ratified the Statute. Thus, the ICC has jurisdiction over the territory of Ukraine on the basis of statements made by it in 2014 and 2015, however, this is not sufficient to enjoy the rights of the State party to the Statute.
The UNBA International Law Committee deems it appropriate to invite the Minister and all indifferent experts to join with our advocates in discussing the ratification of the Rome Statute and the implementation of international criminal law in the national legal system.
We recommend you to read the interview of Maksym Tymochko, a member of the UNBA Committee on International Law, on the prospects of war crimes investigations by the Office of the Prosecutor of the International Criminal Court.
Text and photos were prepared by a team of UNBA committee coordinators.Popular news
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Discussion
From the condition of the railcar to the cause of the accident: how railroad accident investigations work
Railway and transportation expertise makes it possible to assess the technical condition of rolling stock and tracks, determine the technical cause and mechanism of an incident, assess whether employees’ actions complied with regulatory requirements, and ascertain whether, from a technical standpoint, a derailment, collision, impact, or other incident could have been prevented.
Legislation
The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M.…
Once the technical preparations are complete, the ratification of the Council of Europe Convention on the Protection of the Profession of Advocate will receive broad support in the Verkhovna Rada. Significantly more than the minimum required 226 members of parliament may vote in favor of the international treaty.
Educational events
Young – therefore inexperienced: how female advocates should respond to stereotypical accusations
Comments regarding age, gender, or appearance made in court can distract a lawyer from defending their client’s interests. Therefore, before responding, it is important to assess the relevance of the remark to the case, determine the limits of what is permissible and decide on the next course of action.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection