Specific Issues of the Implementation of the Roman Statute on the International Criminal Court

Abstract

The purpose of the article is to reveal the essence of the nature of the Roman Statute; to determine the ways of implementation of the Rome Statute by the states-participants of the Rome Statute; to determine the method of implementation of the Rome Statute for Ukraine. Methodology. The methodological basis of the study are methods and techniques of scientific knowledge. In particular, the formal-logical method was used to establish the essence of the methods of implementation of the Rome Statute. Methods of analysis and synthesis allowed to construct theoretical constructions of methods of implementation of the Roman statute. The scientific novelty lies in the formulation of ways to implement the Rome Statute. The Rome Statute is a special international treaty. It is a general multilateral treaty that establishes rules of interest to all interested member states of the international community – the Statute formulates the corpus delicti of crimes that affect the entire international community. Conclusions. The provisions of the Rome Statute can be implemented into national law in the following ways: 1) the adoption of a single piece of legislation covering all implementation issues (however, it needs to be clarified that such a law will take precedence over existing law in the event of conflicts between ISS, and other legislation); 2) amendments to all relevant legislative documents separately: to the Constitution, sectoral codes or laws (since amendments to the Constitution are a complex and multi-stage process, this approach is the most complex, but it most fully reflects the recognition of the ICC jurisdiction); 3) making changes and additions to the relevant legislation, accompanied by the adoption of special legislation on cooperation with the ISS. Ukraine as a «third state» is not a completely «foreign» foreign state in relation to the Rome Statute. Although Ukraine did not ratify the Rome Statute, at the same time signing it, it agreed with the norms of international law enshrined in the Statute. At the same time, Ukraine’s appeal to the International Criminal Court twice in accordance with Art. 12 (3) of the Rome Statute is a solid basis for its ratification by Ukraine. In our opinion, the best way to implement the Rome Statute for Ukraine is to amend the relevant legislation, including the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, the Criminal Enforcement Code of Ukraine, etc., accompanied by the adoption of the Law of Ukraine «On Cooperation with the International Criminal Court».

Keywords: Rome Statute; International Criminal Court; legislation; international treaty; implementation; methods of implementation.