PROBLEMS OF CRIMINAL-LEGAL PROTECTION OF PERSONAL FREEDOM AND INVIOLATION OF A PERSON IN THE CONTEXT OF ARMED CONFLICT: FROM SEXUAL VIOLENCE TO HUMAN TRAFFICKING

Abstract

The article is devoted to the study of the problems of criminal-legal
protection of personal freedom and human integrity in the context of armed
conflict. It is established that both the legislative framework and law enforcement
approaches require improvement. There is an urgent need to eliminate the gap in
the criminal-legal regulation of relations that may be associated with the
commission of crimes against humanity (de lege ferenda) in conditions of armed
conflict. In addition, not all manifestations of SNPK, such as encroachment on
sexual freedom and personal integrity in the specified context, should be qualified
under Art. 438 of the Criminal Code of Ukraine, as a violation of the laws and
customs of war. The issues of qualification should be approached carefully, the
situation should be analyzed systematically, taking into account the peculiarities
of the contextual element, the motives of criminal behavior. Rape and sexual
violence, as well as illegal deprivation of liberty, human trafficking, if there are
grounds for this (they are seen in the contours of the category of "hate crime") can
be qualified as genocide (Article 442 of the Criminal Code of Ukraine) or as crimes
against humanity under international criminal law.