The authorities of Ukraine to change the Constitution in terms of justice, declined the jurisdiction of the international criminal court (ICC) on the conditions defined by the Roman status, as fear of litigation for past war crimes, said the former Minister of justice of Ukraine Olena Lukash.
“October 30, 2016, shall come into force amendments to the Constitution in terms of justice. Enter. Yes, not all. “The Hague”, “Hague Tribunal,” international criminal court”…. The words are so mellifluous “activists” and “patriots”. And I have some bad news for them. “The Hague” and never will be. Changing the Constitution, the government has shied away from accepting the jurisdiction of the international criminal court on the conditions defined in the Rome Statute”, – she wrote in her Facebook.
“Now the Constitution States that “Ukraine can (can does not mean should and must, right?), so Ukraine may recognize the jurisdiction of the International criminal court on the conditions defined in the Rome Statute. (part six of article 124 of the Constitution). But this “opportunity” will appear with 30.06.2019. (part six of article 124 of the Constitution of Ukraine comes into effect 30.06.2019), after 33 months)”, she added.
According to her, delaying the recognition of the jurisdiction of the International criminal court understandable.
“This court has jurisdiction only with respect to crimes committed after the entry into force of the Rome Statute, a person shall be criminally responsible for conduct prior to the entry of the Rome Statute into force,” she said.
According to her, the Rome Statute of Ukraine signed in 2000 but not ratified until now – that is, not recognized the jurisdiction of the ICC.
“And why the current democratic regime does not recognize the ICC? Because scary,” she added, quoting the Deputy head of the presidential administration of Ukraine Oleksiy Filatov, who said:
“Ukraine currently can not accept the jurisdiction of the international criminal court for the events in the Donbas. It carries certain risks for Ukraine, in particular, from the point of view of the Ukrainian military, who are forced to engage in a military conflict.”
“It is surrender, gentlemen of the jury! The ICC has jurisdiction in respect of such crimes: the crime of genocide; crimes against humanity; war crimes; crime of aggression. Of this list appeared for the official AP threat was the reason for such a statement? It is hard to believe experience for the Ukrainian military. Orders were given power. And that’s about it, concerned officials,” said Lucas.
She recalled that the ICC, as a rule, accountable leaders, and special attention the Court pays to the responsibility of commanders and other superiors.
She recalled that “thousands of testimonies and documented facts about events in the Donbas and social genocide of Ukrainians will not go away” and “these crimes have no Statute of limitations.” In addition, the OSCE and the UN and thoroughly fix violations of humanitarian law.
We will remind, in August the head of Ministry of justice of Ukraine Pavel Petrenko said that Kyiv is preparing to submit a new lawsuit against Russia in the international court of justice in the Hague. The head of the Ukrainian foreign Minister Pavlo Klimkin previously stated that the international court of justice before the end of 2016 will proceed to the consideration of the claim of Kiev against Russia’s alleged violation of the Moscow Convention on the prohibition of the financing of terrorism.
In July the UN high Commissioner for human rights Zeid RA’ad al – Hussein urged to prosecute perpetrators of killings and other crimes related to the conflict in Ukraine, calling it “the key to sustainable peace”.
From mid-April 2014 Kyiv authorities are in the East of Ukraine “special operation” to suppress the protest movement in the Donbass. According to the UN at the beginning of December last year, victims of the conflict in the East of Ukraine were more than 9 thousand people, more than 20 thousand were injured, 1.5 million people were internally displaced.
