SC Administrative Cassation Court President speaks about the impact of the Rome Statute of the International Criminal Court on the development of national justice

President of the Administrative Cassation Court within the Supreme Court Mykhailo Smokovych took part in the International Scientific and Practical Conference ‘War in Ukraine: Findings and Unlearned Lessons’. The event was held in the following areas: war crimes (qualification, investigation and punishment), Ukrainian civil society under martial law, national economy under war.

During the discussion panel on the issues of qualification, investigation and punishment of war crimes, the President of the Administrative Cassation Court of the Supreme Court noted that ratification of the Rome Statute of the International Criminal Court was extremely necessary in the context of Russia's full-scale aggression against Ukraine. A landmark event was the adoption by the Verkhovna Rada of Ukraine on 21 August 2024 of the Law of Ukraine ‘On Ratification of the Rome Statute of the International Criminal Court and Amendments thereto’.

Mykhailo Smokovych noted that for effective cooperation with the ICC, there is a need to harmonise national legislation with the provisions of the ICC Rome Statute. Therefore, it is extremely important to adopt the implementing Law of Ukraine ‘On Amendments to the Criminal Code and the Criminal Procedure Code of Ukraine in connection with the ratification of the Rome Statute of the International Criminal Court and Amendments thereto’ on 9 October 2024.

According to the speaker, this law introduced the principle of universal jurisdiction over crimes of aggression, genocide, crimes against humanity, war crimes and the use of weapons of mass destruction. The law also introduced other amendments to the Criminal Code and the Criminal Procedure Code of Ukraine to ensure proper prevention of legal and de facto impunity for the most serious international crimes.

At the same time, the SC ACC President noted that the amendments to the codes do not limit Ukraine's right to independently investigate international crimes. After all, the ICC Rome Statute is based on the principle of complementarity, which gives preference to national criminal jurisdiction.

It is important that the ICC Rome Statute contains the latest developments in international law in terms of prosecuting international crimes. The harmonisation of criminal and criminal procedure legislation of Ukraine with the ICC Rome Statute contributes to the updating of national legislation on criminal liability in the context of the fundamental principles of international law.

The most important thing is that Ukraine's ratification of the ICC Rome Statute has led to the improvement of national justice in the investigation of war crimes. Obviously, the ratification of the Rome Statute will help Ukraine and the international community to bring war criminals to justice, as well as to prevent and deter the commission of particularly serious crimes in the future.

As for the impact of the ICC Rome Statute on the development of national justice, the speaker said that it is, in particular, to unify national legislation with international standards to ensure accountability and fair punishment for crimes of genocide, aggression, crimes against humanity and war crimes. This strengthens the rule of law, improves the efficiency of judicial procedures and guarantees respect for human rights and freedoms.

In conclusion, Mykhailo Smokovych noted that by ratifying the ICC Rome Statute, Ukraine has received legal instruments for the effective investigation of crimes of aggression, genocide, war crimes and crimes against humanity. ‘The ratification of the Rome Statute of the ICC is a significant factor that determined the vector of influence on the harmonisation of national legislation with universally recognised democratic values,’ the speaker said.

The event was organised by Lviv State University of Internal Affairs in cooperation with the European Union Advisory Mission.