Committing of sexual violence by the aggressor country's servicemen as a problem of human rights violations during the occupation (on the example of the Russian-Ukrainian war, 2022)

Abstract

The paper considers the current problem of committing crimes against civilians by servicemen of the Russian army in the temporarily occupied territories of Ukraine during the 2022 war. Based on the above cases of torture, rape, murder and other forms of violence, as well as the generalization of statistical data on the number of deaths in the occupied territories in general, the violation by the aggressor country of the requirements of the Convention on the protection of civilian people in war time and human rights in general according to current legislation are shown. The analysis of current research on various aspects of sexual violence was performed: 1) the concept and methodological (philosophical) foundations of adequate understanding of sexual freedom / critical attitude to sexual violence; 2) prevention of the cult of violence and cruelty in society; 3) the impact of violence, including sexual violence, on the physical and mental health of the victim; 4) legal aspects of combating crimes against sexual freedom and sexual violence in general. On the basis of generalizations of modern approaches of scientists concerning various directions of the decision of the raised problem novelty of the offered work is proved. To compare with modern RF war crimes methods of abuse of detainees in PCIA units which were committed in the last century are presented. The main methods of torture include such as 1) «testing» by smoldering cigarettes; 2) beating a person without leaving marks on the body; 3) torture of people with a loud sound; 4) prolonged torture by thirst; 5) rape (standard test for women). The legal nature of rape as a criminal offense against sexual freedom on the basis of current domestic law is described (Article 152 of the Criminal Code). Such categories (legal concepts) as sexual freedom, sexual intercourse, physical violence during rape, helplessness of the victim, qualifying signs of rape, repeated rape, continued rape, rape committed by a group of persons are revealed. Potential causes of criminal behaviour of Russian servicemen during the war in Ukraine, which motivated aggression against civilians, are considered. The main factors of this national ideology include the following: 1) the ideas of Orthodox fascism, Eurasianism, the modern concept of «Russian world»; «Novorossiya» project; 2) the phenomenon of «hazing» in the Soviet / Russian army among the rank and file, bullying of officers against subordinates in units of the Armed Forces of the Russian Federation; 3) torture in places of imprisonment; 4) mass criminal subculture («convict way of life is one» movement); 5) reflection of criminal values in modern Russian culture and art («Russian chanson», cinema, etc.); 6) propaganda of the mythical successes of the «great state», the strength of the Chechen warrior, the invincibility of Russia, etc. The methodological principles of the long-term ideology and propaganda of the occupying country, which are the main manifestations of barbarism and violence by the servicemen of the occupying country during the war in Ukraine, are revealed. It is concluded that the crimes of sexual violence committed by the Russian military require immediate documentation by law enforcement agencies, detailed investigation and prompt communication of this information to the UNO and all countries of the civilized world, as well as further prosecution of perpetrators.