Statement by H.E. Mr. Sergiy Kyslytsya, Deputy Minister for Foreign Affairs of Ukraine, at the General Assembly plenary meeting on the report of the International Criminal Court

Statement by H.E. Mr. Sergiy Kyslytsya, Deputy Minister for Foreign Affairs of Ukraine, at the General Assembly plenary meeting on the report of the International Criminal Court

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Mr. President,

Ukraine aligns itself with the statement delivered by the European Union, and we would like to add a few remarks in national capacity.

We welcome presentation by President Fernández de Gurmendi and support activities of the International Criminal Court, which proved its efficiency by promoting the rule of law and putting an end to impunity for perpetrators of most serious crimes.

Following our decision to accept the jurisdiction of the Court, we closely cooperate with the Office of the Prosecutor, whose representatives visited Ukraine two times during the reporting period.

We commend the continuation of the ICC’s examination of the situation in Ukraine. We particularly appreciate preliminary conclusions by the Office of the Prosecutor stating that the international armed conflict between Ukraine and the Russian Federation began when Russia deployed its armed forces over the parts of the Ukrainian territory and that the law of international armed conflict continues to apply to the ongoing state of occupation.

Regarding the Eastern Ukraine, the Office is undertaking a detailed factual and legal analysis of the Russian authorities’ ongoing support to the illegal armed groups. Such support includes equipment, financing and personnel, and also general direction in planning actions of the illegal armed groups in a manner that indicates exercise of genuine control over them.

Apparently, due to this the Russian Federation decided not to become a party to the Rome Statute that it has signed previously.

In this connection, we would like to recall that the temporarily occupation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, recognized by resolution 71/205 of the General Assembly, as well as Russia’s illegal actions in Donbas, represent acts of aggression.

We welcome ratification of the Kampala amendments on the crime of aggression by 34 States Parties. We look forward to a decision of the Assembly of States Parties to activate the relevant Court’s jurisdiction in the coming months.

Mr. President,

While recognizing importance of the promotion of the universal participation in the Rome Statute, we support all efforts aimed at raising awareness and understanding of the functioning of the Court. Moreover, in order to ensure universality of the Court jurisdiction we need to promote close cooperation of states as a direct response to crimes under the Rome Statute.

We know how difficult it is to bring those responsible for most serious crimes to justice due to lack of cooperation with the ICC. In this regard, we are convinced that the international community must enhance its support to ICC’s efforts to combat impunity and ensure the right to justice for all victims of such crimes.

Mr. President,

Ukraine actively participated in the Preparatory Committee on the Establishment of an International Criminal Court.

In 2000 I had a privilege to personally sign the Rome Statute of behalf of Ukraine.

My country was the first non-State Party to ratify the Agreement on Privileges and Immunities of the ICC.

Adoption by the Ukrainian Parliament last year of the constitutional amendment paved the way for ratification the Rome Statute. All relevant state authorities are actively involved in developing of implementation legislation to this end.

In conclusion, I would like to emphasize again the importance of cooperation of States that are not parties to the Rome Statute, the United Nations and other international and regional stakeholders with the ICC to enable carrying out its activities.

I thank you.