Statement – Ukraine Must Support Amendments to Harmonise the Jurisdiction of the ICC Over the Crime of Aggression

On 7-9 July 2025, a special session of the Assembly of States Parties in New York will consider a proposal by Germany, Costa Rica, Sierra Leone, Slovenia and Vanuatu to amend Article 15 bis of the Rome Statute (RS). These amendments are intended to harmonise the   International Criminal Court’s (ICC) jurisdictional regime over the crime of aggression to match the rules applied to war crimes, crimes against humanity and genocide.

Currently, the ICC cannot prosecute crimes of aggression committed on the territory of or by nationals of a state that is not a party to the Rome Statute, even if they are committed on the territory of or concern nationals of a state party or a state that has recognised the jurisdiction of the Court by an ad hoc declaration. In addition, states parties can lodge an opt-out declaration to the Registrar excluding the Court’s jurisdiction over that crime.

Under the proposed amendments, the ICC will be able to prosecute the crime of aggression if they are committed on the territory of or by nationals of a state party to the Rome Statute. The Court will also be able to consider crimes committed by a state not party to the Rome Statute if they were committed on the territory of a state party or a state that has accepted the jurisdiction of the ICC by an ad hoc declaration. The same way as with other grave crimes.

More details about the status quo and the proposed amendments can be found here.

Ukraine, now a full state party to the Rome Statute, will also vote. The current ICC jurisdiction over the crime of aggression is the result of a political compromise that has not provided a real possibility to ensure accountability for this crime. At this historic moment, Ukraine, as a state that has directly suffered the consequences of this accountability gap, must support a decision that will help remove existing jurisdictional restrictions.

Why is it important for Ukraine to support the amendments?

1. The amendments will help prevent aggression around the world, including for Ukraine.

• The ICC, as a permanent international tribunal, has a potential to be an effective deterrent and a mechanism for responding to any act of aggression in violation of the UN Charter. Special (ad hoc) tribunals are a measure of last resort, requiring significant resources and international support, as demonstrated by the example of Ukraine.
  
  Unfortunately, even if a ceasefire is agreed upon, there is no guarantee that Russia will not repeat its aggression against Ukraine, and that an already agreed or newly created special tribunal will be sufficient to respond appropriately.
• Of course, the effectiveness of the ICC depends on its power as an international institution. Its authority is constantly being undermined, and the Court itself is currently under unprecedented pressure, sanctions and cyberattacks. However, this only means that the ICC needs to be further defended and strengthened, in particular by Ukraine, which already relies on its work on other grave crimes. Even now, despite these attacks, arrest warrants against the top political and military leadership of the Russian Federation are once again preventing President Putin from attending events in ICC.
  
  Harmonising jurisdiction over aggression will both strengthen the Court itself and expand its toolkit for combating all grave international crimes.

2. Support for the amendments will demonstrate Ukraine’s commitment to international justice for the crime of aggression for all.

• A joint civil society statement in support of reforming the Rome Statute in context of the crime of aggression was signed by around 90 organisations from countries around the world, including Nigeria, Uganda, Kenya, the Democratic Republic of Congo, Peru, the Philippines, Lebanon, Yemen, Armenia, Turkey and others
• At the same time, in 2025, the Special Tribunal for the crime of aggression against Ukraine was established as a response to the lack of effective mechanisms in place for bringing perpetrators of this crime to justice. In this process, it is important to avoid the perception of the Special Tribunal as a solution that constitutes double standards and leads to further fragmentation of the international justice system.
• A vote in favour of the amendment will demonstrate Ukraine’s selfless and impartial approach to international law, namely that it supports ensuring accountability against the leaders of any state, whose actions constitute the crime of aggression.

We call on the President of Ukraine, the Verkhovna Rada of Ukraine, and the Ministry of Foreign Affairs to:

1. Fully support the adoption of amendments to the Rome Statute of the ICC regarding the jurisdiction over the crime of aggression;
2. Support the approach of individual entry into force of the amendments for countries that ratify them, as provided for in Article 121(5), sentence 1 of the Rome Statute, enabling each country that ratifies the amendments to obtain rapid protection against aggression;
3. In the event of the adoption of the amendments, ensure their immediate ratification by Ukraine.

Such a decision is in the interests of the people of Ukraine, who seek justice for themselves and for people around the world that have already suffered or may become victims of aggression in the future.

Signatories:

Blue Bird NGO

Crimea Process NGO

Kharkiv Anticorruption Center

Human Rights Platform

Crimean Human Rights Group

Media Initiative for Human Rights

Association of Relatives of Political Prisoners of the Kremlin NGO 

Educational Human Rights House Chernihiv

Regional Center for Human Rights

Center for Civil Liberties

Human Rights Center ZMINA

Ukrainian Legal Advisory Group