WA 28/04 1 September 2004

AI Index: EUR 50/002/2004

Ukraine: urge the government to ratify the Rome Statute of the International Criminal Court

Ukraine signed the Rome Statute of the International Criminal Court (Rome Statute) on 20 January 2000. However, it has yet to complete the process of ratification.

Amnesty International and the Coalition for the International Criminal Court (ICC) are calling on Ukraine to ratify the Rome Statute as soon as possible. By so doing, Ukraine would accept the jurisdiction of the ICC over genocide, war crimes and crimes against humanity, if its national courts were unwilling or unable to investigate and prosecute the crimes. 94 states worldwide have so far ratified the Rome Statute.

Ukraine has begun the ratification process, but the process stalled in June 2001 when the Constitutional Court ruled that a constitutional amendment would be required before Ukraine could ratify. It appears as though little progress has been made towards the constitutional amendment and ratification since then.

Ukraine has recently ratified the Optional Protocols to the Convention on the Elimination of Discrimination Against Women, and the Convention on the Rights of the Child. Ukraine now has the opportunity to fulfil its commitment to international justice by ratifying the Rome Statute and thereby encouraging other European and Central Asian states to do the same.

Take action

Support Amnesty International’s appeal by sending letters by mail or fax urging the government of Ukraine to ratify the Rome Statute and implement it into national law.

You might like to use the following letter as a guide.

Dear President,

At a time when the International Criminal Court (ICC) is beginning its important work to end impunity for genocide, crimes against humanity and war crimes, I am writing to urge you to ensure that Ukraine supports the new system of international justice by ratifying the Rome Statute of the International Criminal Court (Rome Statute) as soon as possible.

The Rome Statute provides for the establishment of a permanent International Criminal Court to bring to justice people accused of genocide, crimes against humanity and war crimes as the most serious crimes under international law. The ICC will only act when national courts are unable or unwilling genuinely to do so.

As of 1 September 2004, 94 states had ratified or acceded to the Rome Statute and a further 45 states, including Ukraine, have signed it. The ICC has recently announced its first two investigations into crimes under international law committed in the Democratic Republic of Congo and Uganda since 1 July 2002.

I understand that in June 2001, the Constitutional Court of Ukraine ruled that a constitutional amendment recognizing the International Criminal Court would be required before Ukraine could ratify. I urge you to ensure that the necessary constitutional amendment is passed as soon as possible to allow prompt ratification of the Rome Statute.

Ukraine must also review its national laws and make any necessary changes to ensure that it can perform its primary role of investigating and prosecuting genocide, crimes against humanity and war crimes, and cooperate fully with the ICC. I welcome reports that Ukraine has begun the process of drafting implementing legislation, and urge you to ensure that such legislation is drafted in a transparent manner with broad consultation with civil society.

I hope that Ukraine will be able to take these steps as soon as possible so that it can join the international community in building an effective system of international justice to end impunity for the worst crimes known to humanity.

Yours sincerely,

Please send appeals to

President of Ukraine

Leonid Danilovich KUCHMA

Bankovaya Str. 11

01220Kyiv

UKRAINE

Tel: (380 44) 291 5071 - 226 2077 Fax: (380 44) 291 61 61 - 293 2093

Email: please go to http://www.president.gov.ua/eng/feedback/and use the form to send your letter.

Chairman of the Ukrainian Supreme Rada (Parliament)

Volodymyr LITVIN

M. Grushevskogo Str. 5

01008Kiyv

UKRAINE

Fax: (380 44) 293 73 64; 293 69 50

Minister of Justice of Ukraine

Oleksandr V. LAVRYNOVYCH

Gorodets’kogo Str 13

01001 Kiyv

UKRAINE

E-mail: themis@minjust.gov.ua

Minister of Foreign Affairs of Ukraine

Kostyantin I. GRISHENKO

pl. Mykhalivska 1

01018 m. Kyiv

UKRAINE

Email: zsmfa@mfa.gov.ua