FALSE: After the ratification of the Rome Statute, the International Criminal Court can prosecute Ukrainian soldiers

There is information being spread online claiming that after Ukraine ratifies the Rome Statute, the International Criminal Court (ICC) may prosecute Ukrainian soldiers. Allegedly, they could be put on trial for “genocide in Donbas” and war crimes against humanity. The propagandists reference former MP Ihor Mosiichuk, who criticizes President Zelenskyi for bringing the statute to a vote in parliament.

However, this is false. Ihor Mosiichuk is not a reliable source of information. The statute is being ratified with the condition that the ICC will not prosecute Ukrainian soldiers for seven years following the ratification.

Former MP Ihor Mosiichuk is not a reliable source of information, having been previously involved in spreading fakes and narratives of Russian propaganda. Mosiichuk has notably promoted claims about the illegitimacy of Zelenskyi, blamed the Ukrainian government for the Russian invasion, and argued that the war could have been avoided diplomatically. We previously debunked Mosiichuk’s claims that the Office of the President was preparing to register the Ukrainian Orthodox Church of the Constantinople Patriarchate, which would include the Ukrainian Orthodox Church of the Moscow Patriarchate after its ban.

The ratification of the Rome Statute was delayed for a long time, partly due to concerns that Russia might bring fabricated cases against Ukraine to the ICC. However, Ukraine recognized the ICC’s jurisdiction over war crimes committed on its territory after February 20, 2014, as early as 2015. To date, the court has not brought any charges against Ukrainian citizens. Additionally, Ukraine is ratifying the statute with the condition that the ICC will not prosecute Ukrainian citizens for seven years post-ratification. This condition does not mean impunity for Ukrainians, as other authorities, such as Ukraine’s law enforcement or other countries (under universal jurisdiction), can still investigate alleged crimes committed by them. Deputy Head of the Office of the President Iryna Mudra, commenting on the ratification, assured that Ukraine adheres to international law, and there have been no known cases of Ukrainian citizens committing war crimes.

Moreover, the ICC is a complementary institution to national judicial systems, meaning it only handles cases that national courts are unwilling or unable to investigate properly. Therefore, the ICC is the court of last resort, which intervenes only when all others have failed. It is unlikely that the court would consider fabricated Russian cases without proper reporting on how they were addressed at the national level and without convincing reasons for the ICC’s involvement.

Instead, the ratification of the Rome Statute provides Ukraine with additional opportunities. First, it is an obligation under the Association Agreement with the EU. It will align Ukraine’s Criminal Code with modern international law, ensuring more effective prosecution of the most serious international crimes. Moreover, Ukraine will gain full membership in the ICC. Once the statute comes into effect, Ukraine will participate in the work of the Assembly of States Parties of the Rome Statute and influence its agenda, as well as nominate candidates for election as ICC judges and prosecutors. Thus, the ratification will give Ukraine a voice in the court’s operations.

According to the Prosecutor General’s Office, since the start of the full-scale invasion, more than 140,000 crimes of aggression and war crimes committed by Russians have been registered in Ukraine. Law enforcement agencies have identified over 700 suspects, including senior Russian military commanders. At the same time, the number of Russian war crimes is incomplete, as Ukraine lacks data from temporarily occupied territories.