The Advisory Committee on the Nomination of Judges of the International Criminal Court declared Ukrainian candidate Lev Kishakevych unqualified for a judge post. The panel issued its finding on Aug. 5 after a language barrier prevented members from assessing him on his merits. The committee had positively evaluated his 30 years of experience in judicial and prosecutorial practice.
The ruling significantly reduces the chances of a Ukrainian judge joining the International Criminal Court, although it does not rule them out entirely. On April 8, four months before the decision, the Office of the President published a statement on its website citing a high level of language proficiency among candidates. Article 4 of Decree No. 206/2026 assigned language testing to the Ministry of Foreign Affairs, which conducted an exam through the Language Training Center of the Diplomatic Academy on March 20.
The Rome Statute requires excellent knowledge of and fluency in working languages, evaluated by nine committee members during a professional conversation on international criminal law. The Ministry of Foreign Affairs manages cooperation with the court through dedicated departments and diplomats. Ukraine ratified the Rome Statute in 2024, but selection for the judge post began in early 2026 before nominating Kishakevych on April 8.
Nomination Rules and Assembly Roundtables
Replacing Kishakevych is impossible because the nomination period closed on May 10. Although committee evaluations are advisory, the Independent Expert Review of the Rome Statute system advises states not to vote against any element of them. In October or November, the Bureau of the Assembly will hold public roundtables with candidates in the working languages of the court, broadcasting video online for all 125 member states.
The outcome precedes upcoming candidate nominations for the UN International Court of Justice, the Special Tribunal, and the Compensation Commission. Ukrainian citizens are in the 13th year of a war for survival, following four years of state promises regarding accountability for war crimes.
