Conflict-Related Sexual Violence as a War Crime and a Weapon in the War of the Russian Federation Against Ukraine: Criminal-Legal and Criminological Aspects

Abstract

The article provides a comprehensive analysis of conflict-related sexual violence (CRSV) as one of the most severe war crimes in the context of the armed aggression of the Russian Federation against Ukraine. The authors examine the use of this form of violence as a weapon of war aimed at terrorizing, humiliating, and demoralizing the civilian population. Particular attention is paid to the criminal-legal aspects of qualifying conflict-related sexual violence under Ukraine’s national legislation, the analysis of international humanitarian law norms such as the Geneva Conventions and the Rome Statute of the International Criminal Court, and their implementation into national legislation. The article also examines the incorporation of CRSV provisions in the current Criminal Code of Ukraine, as well as in the draft of the new Criminal Code of Ukraine. The authors further investigate the criminological features of CRSV as a phenomenon, including its systemic nature in armed conflicts, certain quantitative and qualitative indicators of this crime, and ways to counteract CRSV both before and after its commission. In addition to legal and criminological analysis, the article explores the impact of conflict-related sexual violence on victims, their families, and communities. The authors emphasize the need to establish effective mechanisms for legal, social, and psychological assistance to survivors. In conclusion, the article provides recommendations for improving criminal-legal regulation, enhancing international cooperation, and implementing measures to prevent sexual violence in armed conflicts. In particular, it highlights the importance of thorough investigations of such crimes, holding perpetrators accountable, and establishing rehabilitation programs for survivors.