CIRCUMSTANCES TO BE PROVED DURING THE INVESTIGATION OF SEXUAL VIOLENCE RELATED TO ARMED CONFLICT

The article identifies the circumstances that are subject to proof during the investigation of sexual violence related to armed conflict. The position is substantiated that for the criminal legal qualification of sexual violence related to armed conflict as a war crime (Article 438 of the Criminal Code of Ukraine), it is necessary to prove at least a violation of a specific norm of international humanitarian law; the existence of an armed conflict of an international or non-international nature; the commission of an act in the context of an armed conflict and in connection with it; the perpetrator's awareness of the factual circumstances that indicated the existence of an armed conflict; the object of the encroachment is persons (their rights or property) or objects protected by international humanitarian law, etc. Attention is drawn to the problems of proof during the investigation of sexual violence related to armed conflict in conditions of martial law. It is emphasized once again that sexual violence related to armed conflict is a violation of the norms of international human rights law, international humanitarian law and international criminal law. Preventing such violence and holding servicemen of the armed forces of the Russian Federation, together with the Russian political and military leadership, to international criminal liability is a common obligation of all states in accordance with their obligations in the field of human rights. It is stated that the ratification of the Rome Statute is the only way to include it in the system of sources of criminal procedural legislation in order to establish the rule of law, ensure proper communication between Ukraine and the International Criminal Court and facilitate the prosecution of crimes under international law (international crimes) committed during the armed aggression of the Russian Federation against Ukraine. The scientific article will be useful to security and defense sector bodies, scientists, scientific and pedagogical workers, students of higher education at law schools, as well as everyone who researches the issue of violations of international humanitarian law, international criminal law, and international human rights law.