Norms Of International Humanitarian Law Research Articles

System of state measures to fight human rights violations in armed conflict

The article examines the modern challenges of human rights protection during the armed conflict, in particular in the context of the need to introduce the legal regime of martial law, which was introduced due to the armed aggression of the Russian Federation against the sovereign, democratic and legal Ukrainian state. The article focuses on the analysis of critical aspects of the protection of human rights in the context of armed conflict, emphasizing the difficulties arising from an aggressive invasion of a sovereign, democratic, and legal state. Special attention is paid to strategic priorities for the restoration and protection of human rights that have been seriously affected by military actions. The article argues the need for a specific legal framework adapted to the conditions of wartime armed conflict and the key priorities of post-war reconstruction. The article provides a detailed analysis of national legislation and relevant international legal norms and an attempt to identify and recommend effective strategies for strengthening the protection of human rights. Emphasis is placed on the need for legislative changes and reforms that would ensure rights and civil liberties and be consistent with European and international standards, thereby strengthening legal guarantees against potential human rights violations. The article provides a critical review of existing legal gaps that impair the protection of human rights during armed conflicts and discusses the key role of the international community and legal institutions in upholding justice and accountability. In addition, it is proposed to implement innovative legal measures and integrate the norms of international humanitarian law to strengthen the legal infrastructure, which is necessary for the effective restoration and protection of human rights and civil liberties. The article reveals modern scientific and professional discussions, emphasizing the urgent need for active and strategic legal measures that meet European and international standards, ensuring the protection of human rights in the complex conditions of military conflicts.

Characterization of the violence between Türkiye and the PKK

Abstract This article addresses the question of whether the violence between Türkiye and the Kurdistan Worker’s Party (PKK) constitutes an armed conflict within the meaning of international humanitarian law. The article first explains the different non-international armed conflict descriptions provided by (i) the ICTY’s famous Tadić decision, (ii) Additional Protocol II, and (iii) the Rome Statute of the ICC and discusses the different applicability thresholds set by these sources. After noting that the terrorist nature of the acts of violence in a situation will not prevent them from being characterized as an armed conflict and that the application of the international humanitarian law norms would not in fact affect the legal status of the PKK, this article examines whether Türkiye’s struggle against the PKK could be classified as an armed conflict subject to international humanitarian law norms.

SOME ASPECTS OF IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW STANDARDS IN THE FIELD OF CAPTIVITY OF WAR IN RUSSIAN LEGISLATION AT THE PRESENT STAGE

Issues of legal regulation of military captivity are very relevant. At different times, humanity has experienced many wars and military conflicts, with which came experience and the realization that even during armed confrontation it is necessary to respect the law, show mercy and humanity towards an enemy who is helpless or does not want to fight. The emergence of norms in the field of military captivity in international humanitarian law dictated the necessary desire of countries to implement these norms into national legislation. The rapid development of modern law and legal policy determines the increase in the culture of society, and at the same time the preservation of humanity and respect for the human dignity of prisoners of war. Our country, being a highly developed and rule-of-law state, has always strived to implement the norms of international law in the field of military captivity, both in Soviet and Russian legislation. However, in the history of domestic law to this day, organizational, political and legal problems arise in the implementation of the norms of international humanitarian law relating to military captivity into national legislation. The above problems are a consequence of a complex of social reasons, both objective and private. Continuing research into the dynamics of the process of implementing the norms of international law in the field of military captivity into Russian legislation, a comprehensive study of the issue of legal implementation of the implemented norms will allow us to find ways to solve problems in this area, as well as draw a conclusion regarding the further development of legal norms relating to military captivity in our country.

Legal basis and international standards for ensuring the rights and freedoms of internally displaced persons by local government bodies

The article is devoted to researching the legal foundations and international standards of ensuring the rights and freedoms of internally displaced persons by local self-government bodies. The article draws attention to the fact that the relevance of the study of international legislation regarding the status of internally displaced persons is determined by the degree of analysis of international legal acts related to the protection of internally displaced persons and the procedure for their reception and accommodation by local self-government bodies, as well as the identification of interesting positions on the determination of the status of internally displaced persons persons in some foreign countries with the possibility of their introduction into national legislative practice. It is concluded that due to the rapid spread of forced internal displacement around the world, the million number of internally displaced persons in Ukraine, the need to create a single international document, for example, the UN Convention on the Protection of the Rights and Freedoms of Internally Displaced Persons, is ripe. Attention is drawn to the fact that Ukraine can initiate the creation of such a document, since it is at the center of problems related to mass internal displacement of persons and is actively considering ways to solve them, including the creation of a special legislative framework and the provision of legal and social guarantees. The article emphasizes that in order to effectively solve these issues, it is necessary to hold joint discussions with the participation of international organizations and state authorities, local self-governments and public organizations of Ukraine, which are involved in this process. Decisions related to the improvement of the legal regulation of ensuring the rights and freedoms of internally displaced persons should be made taking into account international standards for the protection of human rights and norms of international humanitarian law, as well as taking into account the national experience and the experience of other countries regarding the activities of local authorities in this sphere.

Violation of Human Rights in Temporarily Annexed Ukrainian Crimea by Russia

The purpose of the article is that, based on the laws of Ukraine, documents of the Crimean Tatar Resource Center, Summit "Crimean Platform", media materials to objectively reveal the activities of the russian federation regarding violation of human rights in the temporarily annexed Ukrainian Crimea. To achieve the goal, the author analyzed many examples violation of russian human rights and freedoms, norms of international humanitarian law that took place in Crimea. The documented protests of Ukraine are highlighted, with which the state appeals to international organizations, international courts, regarding the actions of the russian federation, but so far they do not have the necessary influence on the policy of the aggressor state. However, the return of the occupied territories requires quick and decisive actions. Understanding this, high-ranking officials of Ukraine significantly intensified activities regarding the de-occupation of Crimea, are looking for various tools to change approaches and actions regarding the temporarily occupied territory of Crimea. The activity of the authorities of Ukraine shows, that the state is constantly trying to bring the time of Crimea's return closer, opposes the violation of human rights, demands that the russian federation respect the rights and freedoms of residents on the temporarily annexed peninsula. Although the russian federation temporarily retains physical control over Crimea, but the peninsula was and remains the sovereign territory of Ukraine. Russia's false claims to sovereignty over Crimea were resolutely rejected by the entire international community.

Правове регулювання статусу військовополонених відповідно до норм міжнародного гуманітарного права: історична та сучасна ретроспектива

Annotation. The article is devoted to the study of the norms of international humanitarian law in force in Ukraine regarding prisoners of war and the history of their implementation in the Ukrainian legal field. A thorough analysis of the norms of international humanitarian law and their implementation in national legislation is carried out. The Third Geneva Convention clearly defines the concept of prisoners of war, which is particularly important for the issues under study, to whom both the personnel of the armed forces of one of the warring parties, as well as members of the resistance movement, as well as the population that defends its state from attack and is not reorganized in official armed formations. Ukraine has undertaken to fulfill all obligations regarding prisoners of war, which are prescribed in the Geneva Conventions, as well as additional protocols to the Geneva Conventions of June 8, 1977, which were ratified by Ukraine on August 18, 1989 and entered into force on July 25, 1990. Ukraine also undertakes to implement the UN Convention against Torture, which has been in force in Ukraine since November 5, 1998. The lack of proper legal regulation of the status of prisoners of war, their legal understanding and a defined set of guarantees was noted. Attention is focused on the declarative nature of norms. In general, despite the state of war in Ukraine, the situation of enemy prisoners of war who are in captivity of the state of Ukraine is based solely on Ukraine's adherence to the norms of IHL and international conventions for the protection of these rights, it is necessary to state the real observance of human rights, respect for the dignity of the person and the rule of law . Along with this, the urgent problem is the status of prisoners of war in the aggressor state, the impossibility of obtaining access to information about them in accordance with international and national institutions, cruel and inhumane treatment - this is a colossal pain of our society. The perspective of further research is defined as the issue of forming military law into a complex branch of national legislation, determining the guarantees of prisoners of war, the issue of their exchange, etc.

Правовая защита системы гражданского здравоохранения в условиях вооруженного конфликта

Summary. The aim of the study is to analyze the modern interpretation of the norms of international humanitarian law (IHL), devoted to the loss of special protection for the objects of the health care system in the light of the updated Commentary to the Geneva Convention I (GC I). Materials and research methods. Materials of the study were the updated Commentary to the Geneva Convention I: Convention for the Amelioration of the Condition of the Wounded and Sick in Active Armies; domestic and foreign literature on the protection of medical personnel in armed conflict. The method of the research is analytical. Results of the study and their analysis. It is noted that the protection of the wounded and sick, as well as medical personnel in conditions of armed conflict is the cornerstone of international humanitarian law. The legal analysis of the IHL notion of “action causing damage to the enemy”, which links the need to provide special protection to the objects of the health care system (medical personnel, institutions and vehicles) to the interests of the wounded and sick, has been carried out. The question of the legality of an attack by a party of the conflict on the medical personnel and health care facilities of the enemy as a result of the latter committing acts prejudicial to the enemy is considered. The conclusion is made about the necessity of strict observance of IHL norms by medical personnel in providing medical and sanitary aid in wartime.

Principles of legal policy in the field of treatment of prisoners of war

This article analyzes the principles of legal policy in the field of treatment of prisoners of war. It is motivated that the actualization of the issue of the status of prisoners of war is due to the following circumstances: the presence of a state of war on the territory of Ukraine and an increase in the number of prisoners of war on both sides; the absence of a real mechanism to guarantee the proper treatment of prisoners of war, the weakness of international institutions in this area; normative legal acts were adopted after the Second World War in the conditions of the information society, globalization and changes in the life of society in all spheres, therefore a modern update of the norms and their clarification and the development of an effective policy in this area are necessary.
 It was established that a significant breakthrough in the direction of humanizing social development was the adoption of norms of international law, in particular, those related to the rules of treatment of prisoners of war. Formally, there is a model for protecting and ensuring the humane situation of this group of participants in the armed conflict. However, it is necessary to state a significant, even colossal problem: the declarativeness of international obligations, the ineffectiveness of international institutions and the lack of real influence on the party that holds prisoners of war. In this context, we should talk about updating the international norms of international humanitarian law in general, as well as prisoners of war in particular.
 The author points out the lack of a clear legal agreement on the concept of «prisoner of war» and the generally significant political nature of the issue.
 Within the scope of the represented scientific research, the essential principles (main principles) of the legal policy of democratic states in the field of treatment of prisoners of war are defined. They are grouped into two categories - general (prohibition of ill-treatment, humane treatment, right to dignity, preservation of personal belongings and documents, right to contact with family and protection agencies, right to return home) and special (rehabilitation and special state support prisoners of war after returning from captivity; support for families of prisoners of war).

Rebel Groups’ Adoption of Human Rights and International Humanitarian Law Norms: An Analysis of Discourse and Behavior in Kosovo

Rebel Groups’ Adoption of Human Rights and International Humanitarian Law Norms: An Analysis of Discourse and Behavior in Kosovo

Violation of the standards of international humanitarian law in the conditions of russian armed aggression

The article addresses the issue of the ineffectiveness of norms of international humanitarian law during modern armed conflicts, the content of certain norms of the Geneva Conventions with the aim of improving the international legal regulation of the status of victims of armed conflicts. An analysis of international legal acts and national acts adopted in Ukraine after the introduction of martial law in Ukraine, which are aimed at improving the status of victims of the armed conflict, has been carried out. Attention is drawn to the fact that the russian-Ukrainian war qualifies as an international armed conflict, in which, in accordance with the norms of international humanitarian law, the combatants are given the status of prisoners of war. At the same time, russia grants them the status of “persons opposing a special military operation” without guaranteeing the protection of the rights of prisoners of war, does not distinguish the status of civilians in an armed conflict, which is a significant violation of the norms of international humanitarian law. It is proposed to adopt the conventional norms of international humanitarian law in terms of regulating the exchange of prisoners of war.Different definitions that denote certain vulnerable categories of the civilian population during an armed conflict are analyzed in relation to the definition of “indirect victims of an armed conflict”. Proposals for the creation of a coordinating body that would take care of the issues of indirect victims of the armed conflict, the development of an effective compensation mechanism for destroyed or damaged property during armed aggression, and the determination of the legal status of persons who have been deprived of personal freedom as a result of armed aggression against Ukraine are supported. Today, international and national legislation is clear on the appointment - who should be taken into account by the persons who suffered in the wake of the violent aggression. It is concluded that the norms of international humanitarian law need to be updated and revised for their future observance and implementation by all subjects of international law.

Implementation of norms of international humanitarian law in national legislation in conditions of martial law

In the article, the author examines the peculiarities of the implementation of the norms of international humanitarian law into national legislation under martial law, characterizes the relevant legislation and draft laws on the implementation of the norms of international humanitarian and criminal law into the legislation of Ukraine, identifies the reasons for not adopting certain draft laws in the field of international humanitarian and criminal law, recommends ways of implementing the norms of international humanitarian law into national legislation under martial law.

Legal restrictions in the choice of methods and means of warfare

The article examines legal restrictions in the choice of methods and means of waging war. The relevance of the topic is due to the need to limit and prohibit the use of certain methods and means of warfare in the modern world. The subject of the study is the legal norms that applied during armed conflicts, which limit the methods and means of waging war. The methodological basis of the research is a system of scientific methods (general, private and special) and various logical methods and tools that contribute to the knowledge of the problem. The research was carried out based on the dialectical method of cognition using historical, comparative-legal, systemic-structural and formal-logical methods, which made it possible to investigate issues in a holistic relationship. The main international treaties in this area served as a normative basis: the Convention on the Laws and Customs of War on Land, the Declaration on the Elimination of Explosive and Incendiary Bullets, the four Geneva Conventions of 1949 and their Additional Protocols, the Convention on the Prohibition or Restriction of the Use of Specific Types of Conventional Weapons, which can be considered as causing excessive damage or having an indiscriminate effect and other acts. It is noted that the evolution of norms of international humanitarian law on the methods and means of waging war is due to the emergence of new types of weapons and military equipment as a result of the scientific and technical revolution and the improvement of operational art. The purpose of the restrictions is to protect civilians and minimize the suffering of service members. It is indicated that the systematic implementation of the norms of international humanitarian law on prohibited methods and means of waging war by NATO member states in relation to the Geneva Conventions for the Protection of War Victims of 1949 and Additional Protocols I, II to them in 1977 year is the result of the effective application of the implementation mechanism taking into account the peculiarities of national legal systems, the use of means of civil control over compliance with such norms. Further research with new types of weapons regarding the destruction of combat equipment and weapons, the destruction of enemy personnel, the possibility of their use in armed conflicts and the degree of severity of the consequences of their use do not have an assessment of states for compliance with the principles and norms of international law, but they need to be carried out.

Philosophy of correlation of international humanitarian law and international human rights law

The article is devoted to clarifying why in a given situation it is necessary to apply the rules of international humanitarian law, which has lex specialis in relation to international human rights law. At the same time, an important task of the work is to analyze the parallel application of these branches of international law. Thus, it is determined that while the IHRL is a universal branch in the protection of human rights, the norms of international humanitarian law are applied exclusively in moments of armed conflict, but in case of contradiction of some provisions to others, here we are already talking about the aforementioned lex specialis and the preemptive right to apply the norms of IHL. Thus, the main purpose of the article is the question of determining the correlation between IHL and IHRL in the context of protection of persons during armed conflict.In the course of writing scientific work, I used the theoretical method in the form of analysis and synthesis, deduction and induction, as well as the historical method by which I was able to conduct a study of the chosen topic on a historical basis, and formally logical, which contributed to the implementation of research and the formation of conclusions based on a logical combination of theoretical material and practical aspects and, as a result, the formation of a single comprehensive conclusion on the questions that arose during the study of the topic I chose.Results. Armed conflict is an important area that has a devastating impact on all spheres of life, and especially on human rights, because they are the most threatened during the conduct of hostilities.This is what necessitates an in-depth analysis of the correlation between international humanitarian law and international human rights law.Conclusions. The article provides an analysis of the impact of armed conflicts on the relationship between international humanitarian law and international human rights law. These two branches of international law seem complementary, but the IHRL is more universal and applicable at any time, while IHL takes place only in the presence of armed conflict. At the same time, it is important to apply the principle of lex specialis, which has international humanitarian law, if both IHL and IHRL apply.

Geneva, We Have a Problem: Internationalisation of Armed Conflicts through Indirect Intervention Remains a Dead Letter

AbstractThe article seeks to raise awareness about the non-application of the norms of international humanitarian law (IHL) of international armed conflicts in situations of so-called internationalised armed conflicts – namely, when a non-state armed group (NSAG) that is engaged in an armed conflict against the territorial state enjoys a degree of support from another state. Debates in academic circles and international case law have focused largely on the appropriate test and threshold for establishing the relationship between the NSAG and the supporting state. Practice, however, shows that regardless of the legal test, the foreign state support to the NSAG in a (or an initially) non-international armed conflict is so politically charged that it leads to a complete non-application of the law of international armed conflict by the relevant actors. The article demonstrates its conceptual findings through four case studies: the armed conflicts in Donbas, Nagorno-Karabakh, Democratic Republic of the Congo, and Yemen. Regardless of strong indications of foreign state support to the NSAG in these armed conflicts, no relevant actors applied the IHL norms of international armed conflict. The article provides broader suggestions on the possible avenues for remedying the issue.

Військова присяга в Україні

The article considers the military oath as a manifestation of the promise of loyalty to one’s own people represented by a government, ruler, representative or bearer of supreme state power, known since the ancient times. Examples of Ukrainian historical military oaths are given. Among them: the Oath of the Ukrainian Sich riflemen in 1914, the Military Oath of loyalty to the Ukrainian State in 1918, the Oath of a soldier of the Ukrainian Insurgent Army in 1944. The text of the Military Oath, approved by the Verkhovna Rada of Ukraine on December 6, 1991, is analyzed. The first military personnel began to take this Oath in December 1991 - January 1992. The text of the Oath contained in the law – the Statute of the Internal Service of the Armed Forces of Ukraine, approved in 1999, with certain editorial changes, is used today. In Ukraine, servicemen take the Oath in a festive, celebratory atmosphere, like a holiday; there is a parade, in full uniform, the Battle Flag of the military unit is raised, the National Anthem is played, distinguished guests, relatives of servicemen are invited. During martial law, the Oath is taken in a less solemn setting and in the absence of guests, as the location of the military unit must be kept secret. Foreigners or stateless persons, who are accepted for military service in the Armed Forces of Ukraine for the first time, do not take an Oath of loyalty to the Ukrainian people, but undertake an official obligation to strictly adhere to the Constitution and laws of Ukraine and to faithfully perform the duties of military service. The text of the obligation, in contrast to the Oath, contains an obligation to act in accordance with the generally recognized principles and norms of international humanitarian law in conditions of martial law or hostilities.

Legal guarantees for ensuring and protecting the right of a child to mental health in times of war

The article is devoted to the study of the problems of ensuring the child's right to health, namely the right to mental health in the conditions of war. Children are one of the least protected groups of the population and the most vulnerable in times of war. Customary international humanitarian law guarantees that children affected by armed conflict are entitled to special respect and protection among the various categories of persons under special protection.
 Mental health is an integral determinant of a child's overall health. The challenges to mental health and psychological well-being and development of children caused by the full-scale war have also affected the realisation of the right to health. Based on the analysis of special legal and psychological studies, the author reveals general approaches to the analysis of the essence and content of mental health as an integral part of the child's overall health. The basic scientific and theoretical concepts of using the concepts of "health", "mental health", "mental well-being" are considered. The terminology "mental health" / "psychological health", "mental well-being" / "psychological well-being" is studied and differentiated. The author argues that the use of the term "psychological health" is erroneous when interpreting the content of the concept of "health", identifying it with the related concept of "mental health". The multidisciplinary, complex nature of the phenomena under study is emphasised. The multidisciplinary, complex nature of the phenomena under study is emphasised. The author's definitions of the categories "mental health" and "child's mental health" as an object of law are proposed.
 The article provides a general theoretical overview of a child's personal non-property right to health and examines the main concepts of rationality of using the concepts of "right to health" and "right to healthcare". Particular attention is paid to the study of international legal and national acts that guarantee the rights related to such intangible good as child health, including mental health. The author analyses the norms of international humanitarian law containing guarantees for the realisation of the child's right to health in time of war, according to which children in the zone of hostilities and armed conflicts, as well as those children who have suffered as a result of hostilities, should be protected.
 The author comments on the normative definition of the concept of "child affected by hostilities and armed conflicts" in terms of its compliance with modern realities and formulates proposals for improving the legislation in the field of research, which will contribute to the improvement of child mental health protection and the development of the Ukrainian system of psychological assistance and psychosocial support for children. The elements of the legal mechanism for the implementation, protection and defence of the child's right to mental health should include prevention; timely identification of children in need of psychological assistance; and provision of a wide range of psychological services. Educational institutions should play a primary role in ensuring the child's right to mental health.

Humanitarian Legal Regulation of Employment of Hospital Ships under Modern Conditions

The article deals with some problematic issues of using hospital ships for transporting the wounded, sick and shipwrecked under the conditions of an armed conflict at sea.A retrospective analysis refers to emergence and development of legal norms governing the use of hospital ships during armed conflicts. Particular attention is paid to regulation by the standards of international humanitarian law of the issues of protection of hospital vessels from attacks and capture, transport of certain categories of persons and cargo followed by a review of the relevant international legal norms and of the practices of individual states in matters of transporting the wounded and sick, as well as of providing them with medical care at sea. A particular task was to get Journal’s audience acquainted with the review of the selected legal commentaries of ICRS on the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 (GC II) and some other provisions of the relevant international humanitarian treaties in the field of hospital ships. The commentaries first ever published in Russian were selected, structured, and additionally elaborated by the author according to the concept of the article, as well as supplemented by the references to the results of modern research.Based on a study of modern realities, the conclusion is substantiated about the sufficiency of the existing norms of international humanitarian law and the obvious need for adequate use of their potential in relation to the conditions of our times.

The Application of International Humanitarian Law in the Resolution of a Complex Humanitarian Crisis: A Case Study of the Tigray National Regional State of the Federal Democratic Republic of Ethiopia

The subject of the study is the specifics of the application of international humanitarian law (IHL) to the resolution of the humanitarian crisis in the Ethiopian state of Tigray. Crimes against humanity committed by Ethiopian and Eritrean troops in the conditions of warfare have been studied. It is argued that according to Article 3 of the II Additional Protocol to the Geneva Convention on the Protection of Victims of War, the federal center of Ethiopia, which protects the sovereignty of the State, acts correctly by suppressing the rebels of Tigray. However, this is in contradiction with the UN Security Council resolution on the situation with human rights and the human situation in Ethiopia and the 2021 Human Rights Council resolution S-33/1 “The situation of human rights in Ethiopia” indicating Ethiopia’s violation of its international legal obligations with respect to civilians in armed conflict and IHL norms. Thus, the operation of IHL on the territory of the state is objectively suspended. The provisions and priorities of Refugee Law are considered separately in relation to the specifics of the refugee situation in Ethiopia, in particular the specifics of the Kampala Convention for the Protection and Assistance of Internally Displaced Persons in Africa of 2009. It was found that both the federal authorities and the opposing belligerents controlling the settlements of internally displaced persons on the territory of Ethiopia, do not fulfill their obligations under the Сonvention, which refers to the need for urgent further development of regional international treaties on assistance to forced migrants.

Country Guidance, Country of Origin Information, and the International Protection Needs of Persons Fleeing Armed Conflicts

Abstract The article explores whether the European Union Agency for Asylum’s country guidance (CG) reflects the international protection needs of persons fleeing armed conflicts. It uses the Agency’s guidance on Iraq as a case study through the lens of objectivity and relevance. The article highlights the disproportionate reliance on military and State-centric sources which adopt a traditional and narrow concept of security grounded in quantitative approaches. The article argues that the main sources of Country of Origin Information used in CG are inadequate to capture the present-day nature of violence in situations of armed conflict. The article makes the case for a re-balancing of sources to be included in CG that reflects wider security studies perspectives and approaches. The article also suggests that the indicators of indiscriminate violence used by the Agency are grounded in international humanitarian law norms and therefore fail to reflect international protection standards, whilst also being inadequate to capture the nature of violence in situations of contemporary armed conflict. The use of sources of information adopting wider security perspectives and qualitative approaches are encouraged and other factors, such as spheres of control by actors to the conflict, are proposed for inclusion into international protection assessments.

To the issue of qualification of sexual violence in the conditions of international armed conflict

The article examines the peculiarities of the qualification of sexual violence as war crimes, using the norms of international and national law. The author states that the study of sexual violence, its consequences for society, as well as taking measures toprevent it through criminal legal means remains relevant for almost all countries of the world. The issues of qualification acquire special importance during investigation of sexual violence acts took place in the context of an armed conflict.It is proved that the issues of qualification of sexual violence committed during an armed conflict should be investigated taking with the provisions of the Rome Statute and Article 438 of the Criminal Code of Ukraine. Such an approach will provide thepotential possibility for blaming guilty persons to international criminal responsibility.The lion’s share of this article is devoted to the defining the common and mandatory signs of composition for all crimes related to sexual violence: the objective elements (actus reus) and mental elements (mens rea). The author takes into account thegeneral rules of qualification of crimes and clarifies the peculiarities of the qualification algorithm for the combatants who committed sexual violence against the civilian population during the armed conflict.The author comes to the conclusion that sexual violence committed by a combatant in the conditions of an armed conflict is covered by the concept of “other violations of the laws and customs of war, which are provided for by international treaties, thebinding consent of which was given by the Verkhovna Rada of Ukraine”. Such actions must be qualified under Part 1 and/or Part 2 of Art. 438 of the Criminal Code of Ukraine and norms of international humanitarian law according to the general qualificationrules of criminal offenses.