Ratifying the Rome Statute: Ukrainian military weighs benefits and risks

Acknowledging the advantages of achieving justice, holding perpetrators accountable, and providing Ukraine with a chance to reform its judicial system by integrating international expertise, Ukrainian service members are prepared to cooperate with the International Criminal Court, irrespective of which officials are under investigation.

Maksym Yelihulashvili, an expert with the Ukraine 5 AM Coalition, shared these insights during a presentation at Media Center Ukraine. He detailed the results of a recent survey conducted among active military personnel regarding the ratification of the Rome Statute.

According to Yelihulashvili, “When we examine the advantages of ratifying the Rome Statute, several key benefits emerge. Foremost among them is the determination to hold russia’s top leadership accountable for war crimes, a view supported by 38% of respondents. The second major benefit, cited by 35%, is the potential for this reform to serve as a historic opportunity to overhaul Ukraine’s criminal justice system.”

During the survey, Ukrainian service members highlighted significant concerns regarding the country’s ratification of the Rome Statute. Chief among these was the necessity of cooperating with the ICC, regardless of whose officials are under investigation—a concern voiced by 36% of respondents.

Nevertheless, Maksym Yelihulashvili emphasized that despite recognizing the risks, Ukrainian servicemen remain committed to ratifying the Rome Statute. They understand the potential challenges, but are willing to proceed.

“Addressing the risks confirms the complexity of this issue. The ICC will investigate all categories of cases, regardless of which party committed the potential war crime. But again, the focus should be on the positive—our servicemen recognize the potential threat and the reputational risk for Ukraine. Yet, when asked about their willingness to ratify the statute, they prioritize justice and choose ‘yes.’ This, to me, is a positive signal from our military. It shows they are making a conscious, well-informed choice, fully aware of the risks involved, but committed nonetheless,” Yelihulashvili explained. 

The study surveyed 660 active Ukrainian active-duty soldiers through formalized interviews conducted between July 25 and August 12 of this year.

As previously mentioned, on Wednesday, August 21, the Verkhovna Rada ratified the Rome Statute of the International Criminal Court. The draft law, No. 0285, which included the ratification of the Rome Statute and corresponding amendments, was approved by 281 members of parliament during a plenary session.

Read more: https://mediacenter.org.ua/news