The convergence of national constitutional and international humanitarian law – challenges and opportunities for Ukraine

Abstract

Today, there is a clear need for ratification of the Rome Statute of the International Criminal Court and its implementation into Ukraine's national (domestic) legislation. Regardless of when the ongoing full-scaled Russian aggression against Ukraine finishes, we should have a real possibility (that should be foreseen on the national constitutional level) to apply an effective internationally recognized mechanism and instruments to investigate mass atrocity crimes and ensure respect for humanitarian law, fundamental rights, and human freedoms and punish everyone, who committed them following the rule of law. This article aims to examine the legal (constitutional) background and political narratives regarding the accession of Ukraine to the Rome Statute of the International Criminal Court (signed on January 20, 2000, not ratified till now due to some political tensions and overcome legal (legislative) disparities). We search for strong and weak sides, challenges (threats), and opportunities created by its forthcome ratification.