CRIMINAL-LEGAL CHARACTERIZATION OF TORTURE IN THE CONTEXT OF THE ARMED AGGRESSION OF THE RUSSIAN FEDERATION AGAINST UKRAINE

Abstract

The article is devoted to a comprehensive learn of the criminal-legal characterization of torture in the context of the full-scale armed aggression of the Russian Federation against Ukraine. The article emphasizes that the problem of torture in modern society remains one of the most acute and, unfortunately, relevant, acquiring particular cynicism during hostilities. The relevance of the topic is determined by the need for a proper legal assessment of numerous acts of cruelty committed by the occupying forces in the temporarily occupied territories of Ukraine.

In particular, the article analyzes the evolution of national legislation, namely amendments to Article 127 of the Criminal Code of Ukraine introduced by the Law of December 1, 2022. The elements of the corpus delicti of the criminal offense are examined in detail. Special attention is paid to the updated definition of the term "torture", which now includes not only physical impact on a person but also the infliction of severe moral suffering, as well as an expanded list of purposes for committing such a criminal offense, which are to compel the victim or another person to commit acts contrary to their will, including obtaining information or a confession, or for the purpose of punishing the victim or another person for acts committed by them or another person or in the commission of which they or another person is suspected, or for the purpose of intimidating them or other persons, or discrimination.

Special attention is paid to the analysis of the Rome Statute of the International Criminal Court in the context of qualifying torture as a crime against humanity. The content of Articles 7 and 8, where torture is defined as a crime against humanity and a war crime, is disclosed. The significance of the ratification of the Statute by Ukraine for strengthening national justice and expanding cooperation with the ICC is emphasized. It is substantiated that the implementation of its standards into criminal legislation is key to ensuring the inevitability of punishment.

Furthermore, the article distinguishes between torture as a criminal offense and as a war crime. It is substantiated that the correct qualification depends on the nature of the act, the status of the victim, and the context of its commission. Based on the analysis of international standards, in particular the 1984 UN Convention against Torture, it is concluded that further harmonization of Ukrainian legislation with international humanitarian law is necessary to ensure the inevitability of punishment for such an act.