FORCED DISAPPEARANCES IN THE CONDITIONS OF ARMED CONFLICT: PECULIARITIES OF COMMISSION AND RESPONSIBILITY

Abstract

Abstract. The article is concerned on to the study of the peculiarities of the commission of enforced disappearance in Ukraine in the conditions of armed conflict and problematic issues that arise in practice in connection with the need to bring the perpetrators to criminal responsibility for the commission of the specified offense. The prerequisites for the criminalization of enforced disappearance have been considered. The reasons for the prevalence of enforced disappearances in the context of armed conflict have been identified and investigated. Statistical data on the number of enforced disappearances have been analyzed. Attention has been focused on the specifics of the perpetration of enforced disappearances during the war in Ukraine. The method of committing of enforced disappearances in the conditions of an armed conflict has been studied, the data on the categories of persons who become victims of this criminal offense have been analyzed. Possible places of violent disappearances, including during the so-called “filtering” have been considered. Attention has been dedicated to the main element of the objective side of enforced disappearance – the refusal to recognize the fact of deprivation of liberty and to inform about the fate and location of the victim. Certain problems of responsibility for enforced disappearance have been identified, including the causes of impunity for persons who commit enforced disappearances. A conclusion has been made regarding the presence of problematic issues that require legal resolution and the need to form an effective mechanism aimed at bringing to criminal responsibility persons committing crimes of enforced disappearance in order to avoid impunity.