Загальнотеоретичні засади дослідження зґвалтування як форми злочину проти людяності

Humanity is a moral characteristic of a person that distinguishes him from other living creatures. In a civilized society, the highest value is life, honor, dignity and freedom, it is these characteristics that make us subjects of society. Crimes against humanity are unlawful acts that do not simply violate human rights, but are actually aimed at transforming it from a subject of society into an object, destroying humanity. One of the forms of a crime against humanity is rape. Currently, this form of a crime against humanity is committed against the civilian population of Ukraine. In order to effectively bring those guilty of committing this crime to justice at the international and national levels, it is necessary, first of all, to conduct a detailed study of rape as a form of a crime against humanity. That is why this scientific article analyzes in detail the concept and features of a crime against humanity, the genesis of the formation of such a phenomenon as rape in the context of crimes against humanity, and provides a criminal-legal characterization of the composition of this crime in accordance with international regulatory legal acts, in particular the Rome Statute. Of great importance in this study is the analysis of rape as a form of crime against humanity from three different aspects. The first aspect is the analysis of a crime against humanity as a general legal category - revealing the concept and features of this crime. The second aspect is to reveal the meaning of this international crime, in particular its form as rape, through a historical prism, during the world wars. And the third aspect is the criminal-legal characterization of the composition of rape as a form of crime against humanity from the point of view of international law. Therefore, this scientific work is intended not only to examine in detail rape as a form of crime against humanity in scientific and practical terms, but also to once again emphasize the importance of protecting human rights, as well as learning the historical lessons of the past to properly hold those guilty of crimes against humanity accountable.