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
Guarantees of the practice of law
Ukraine has signed the Convention for the Protection of the Profession of Lawyer
Today, on 9 March, Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi signed the Council of Europe Convention for the Protection of the Profession of Lawyer. This makes our country the 28th to sign this important international treaty.
European integration
Researchers from the USA explain how shadow reports became a grant service
Shadow reporting often becomes a tool for the grant economy and competition for influence on policy. Such «expertise» replaces impartial analysis with the delegitimization of bar self-government, masks conflicts of interest, and is used as a channel for external pressure on the institution.
European integration
A translation of the report on advocacy presented to the European Parliament has been published
A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.
Legal defence of military personnel
How to formalize discharge from military service: practical workshop
The issue of discharge from military service remains one of the most pressing and complex for Ukrainian defenders and their families. Due to constant changes in legislation, military personnel often face refusals to discharge them from service or even to consider their reports.
Legislation
The Verkhovna Rada Committee criticized the format of the government working group on advocacy
The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.
Self-government
The BCU demands a review of the composition of the government working group on reforming the advocacy profession
The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.
Guarantees of the practice of law
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer
President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.
Court practice
There is no separate «advocate's office» in the UJITS — SC
Advocates register their electronic office in the «Electronic Court» subsystem as individuals. Only after registration can they set the additional attribute «advocate» in the user profile settings, which unlocks the corresponding functionality.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates