Ukrainian President Volodymyr Zelenskyy submitted a bill on Thursday that would ratify the Rome Statute of the International Criminal Court (ICC).

The bill would establish Ukraine as a member state over which the ICC can exercise jurisdiction. Zelenskyy also introduced Bill 11484, which would amend certain provisions of the Ukrainian Criminal Code and Criminal Procedure Code to be in line with the statute.

First Deputy Chairman of the Budget Committee Ivan Krulko expressed support for Ukraine’s ratification of the statute, stating that “Ukraine has already fulfilled its obligations under the Rome Statute through four resolutions, but has not received all the rights, in particular, to appoint judges to the International Criminal Court.”

The Rome Statute is responsible for the creation of the ICC and determines all of the processes within the court’s structure. For instance, the jurisdiction of the court, its composition, how investigation and prosecution are to proceed and how a trial is to be conducted are all outlined in the statute. The subject-matter jurisdiction, which is delimited, extends to genocide, crimes against humanity, war crimes and the crime of aggression.

The functioning of the ICC is considered “complementary to national criminal jurisdictions,” and is to be exercised in matters which are of “international concern.” Further, under Article Four of the statute, the ICC may exercise its power over the territory of any member state, and by special arrangement, over any state.

Ukraine signed onto the Rome Statute in 2000 but has not ratified the statute to date, and it is therefore not a member state over which the court can exercise jurisdiction. However, states may accept the jurisdiction of the court in certain matters within their own discretion under Article 12(3) of the statute. Ukraine has accepted such jurisdiction in the past.

Ukraine previously considered the question of whether it should ratify the Rome Statute, but the country has acted against it each time. For instance, in 2004, Amnesty International addressed an open letter to the government and the public urging the government to ratify the statute. In 2015, Ukraine accepted the court’s jurisdiction over a particular matter but still did not become a member state. Concerns over the constitutionality of the statute and what effect it would have on Ukrainian nationals have been common deterrents against ratification.

However, since Russia invaded Ukraine in 2022, the demand to ratify the statute has been compounded. In a recent meeting, Ukrainian government officials noted the “importance of ratifying the Rome Statute to enhance Ukraine’s efforts in bringing Russian criminals to justice.” They also noted that “the International Criminal Court complements national criminal justice systems, accepting cases only when national courts are unable or unwilling to ensure accountability for certain crimes.”