Legal status of victims of sexual and domestic violence in armed conflict: international legal standards and Ukrainian practice

Andrii  Sobakar; Liubov Kotova; Ihor Tatarenko; Kostiantyn Palshkov; Oksana Zuieva

doi:10.15408/jch.v13i3.47347

Authors

Andrii Sobakar Dnipro State University of Internal Affairs https://orcid.org/0000-0002-7618-0031
Liubov Kotova Volodymyr Dahl East Ukrainian National University https://orcid.org/0000-0003-2521-0015
Ihor Tatarenko Volodymyr Dahl East Ukrainian National University https://orcid.org/0000-0002-7320-4237
Kostiantyn Palshkov Odessa State University of Internal Affairs https://orcid.org/0000-0003-4383-004X
Oksana Zuieva University of Customs and Finance https://orcid.org/0000-0001-8054-1509

DOI:

https://doi.org/10.15408/jch.v13i3.47347

Keywords:

war crimes, martial law, armed conflict, responsibility, Disinformation; Human rights; Freedom of expression; Freedom of information; Prevention of Electronic Crimes Act (PECA), status of victims, domestic violence

Abstract

The article provides a comprehensive analysis of the legal status of victims of sexual and domestic violence in armed conflict through the prism of international legal standards and modern Ukrainian practice. The relevance of the topic is due to the ongoing armed aggression of the Russian Federation against Ukraine, which has led to a significant increase in the number of cases of sexual and gender-based violence, in particular in temporarily occupied areas, places of detention and among internally displaced persons.

The aim of the article is to study the system of international and national legal mechanisms for the protection of victims of sexual and domestic violence during armed conflict, identify problems in the implementation of international legal norms in Ukrainian legislation and formulate proposals for its improvement.

The research used a complex of general scientific (analysis, synthesis, induction, deduction, systematic approach) and special legal (comparative legal, formal legal, historical legal, method of interpretation of legal norms) methods, which ensured the completeness and objectivity of the results obtained.

The article reveals the content of the main international documents that determine the legal status of victims of sexual violence in armed conflicts: the Geneva Conventions of 1949 and the Additional Protocols thereto, the Rome Statute of the International Criminal Court of 1998, the Istanbul Convention of the Council of Europe of 2011, UN Security Council Resolutions No. 1325 (2000) and No. 1820 (2008). It is emphasized that these acts establish the obligation of states to ensure prevention, investigation, prosecution of perpetrators and assistance to victims.

The scientific novelty of the study lies in the systematic approach to determining the legal status of victims of sexual and domestic violence as a complex legal category, combining elements of international humanitarian law, international human rights law and national legislation. Directions for improving the Ukrainian legal system are proposed: creation of a unified system for documenting crimes of sexual violence, improvement of interdepartmental coordination, expansion of victims' access to free legal aid, training of specialized investigators and prosecutors.