Between Interests and Values: Ukraine's Contingent Acceptance of International Criminal Justice

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The chapter discusses the acceptance of international criminal justice in Ukraine with a specific focus on the acceptance by the Government. Ukraine is currently under ICC preliminary examination, which began after the country granted the ICC jurisdiction over certain crimes committed since 2014. As Ukraine has not ratified the Rome Statute but granted selected jurisdiction, the ICC depends even more on cooperation by the Government than in other situation countries. The chapter addresses two main questions; (1) to what extent the Ukrainian Government accepts international criminal justice provisions and institutions and (2) which factors influence the decisions of the Government. Based on literature and media analysis, as well as interviews with Ukrainian politicians, the chapter finds that while the Government seems to accept international criminal justice and shows commitment by formally complying with the ICC procedures, it nevertheless demonstrates a lack of political will in translating this commitment into action. The chapter then discusses how the ongoing peace process and regional politics affect the acceptance of international criminal justice. It finds that the decision not to ratify the Rome Statute is due to both the Government’s fears of upsetting regional political antagonists, as well as some misconceptions of international criminal justice.