LEGAL PRINCIPLES OF INTERACTION OF THE INTERNATIONAL CRIMINAL COURT WITH UKRAINE
DOI:
https://doi.org/10.32999/ksu2307-8049/2024-6-6Keywords:
International Criminal Court, Rome Statute, ratification, international justice, responsibility for war crimes, crimes against humanity, genocide, crimes of aggressionAbstract
The purpose of this article is to comprehensively reveal the essence of current legislative changes related to the ratification of the Rome Statute in the context of ensuring justice for international crimes. In addition, the goal is to determine both the positive and negative consequences of such a step for our country. When writing the article, the following methodology was widely used: a complex of formal-logical methods, in particular analysis, synthesis and generalization, which allowed us to theoretically comprehend the newly adopted laws and assess the consequences of their ratification for Ukraine; general scientific research methods, such as explanation; methods of substantiating scientific recommendations. Results. As a result of the study, the modern legislative approach to the introduction of the principle of universal jurisdiction was analyzed, according to which the criminal law will operate regardless of the place of commission of the crime, citizenship or permanent residence of the accused or victim. Changes in the investigations of international crimes that continue to be committed on the territory of our state and the implementation of punishment of the guilty and the introduction of command responsibility for military commanders were examined. The diametrically opposed opinions of scientists regarding the ratification process were also considered. The set of both positive and negative consequences of the above changes for the civilian population and combatants was also substantiated. Ratification of the Rome Statute allowed Ukraine to become a full member of the International Criminal Court (hereinafter referred to as the ICC), which will allow for effective cooperation with international justice and prevent the commission of international crimes in the future. Conclusions. For Ukraine, the ratification of the Rome Statute will be a means to ensure the inevitability of punishment for persons guilty of committing international crimes and will facilitate national authorities to conduct more effective investigation of crimes and compliance with international standards, which will ultimately strengthen the justice of our state. Such actions have presented our country on the international arena as democratic and legal and brought it one step closer to joining the European Union.