THE CONCEPT OF FORCED DISAPPEARANCE

Abstract

The problem of recognizing enforced disappearance as a crime against humanity was periodically raised by scientists and representatives of law enforcement agencies of our country. During the war, enforced disappearances become massive and widespread. In international law, enforced disappearance is prescribed as a separate crime, however, the Criminal Code of Ukraine was supplemented with a norm regarding criminal responsibility for enforced disappearance relatively recently. After the beginning of the armed conflict, enforced disappearances were classified as general criminal offenses or violations of the laws and customs of war, and even now there is no generalized practice of legal qualification of enforced disappearances. It is necessary to conduct an analysis of the concept and criminal liability for enforced disappearance as a crime against humanity in accordance with the Criminal Code of Ukraine. In history, enforced disappearances are known since the times of French absolutism and Nazi Germany, in which enforced disappearances of persons from the occupied territories that threatened the state took place. Enforced disappearance is recognized as a crime against humanity if there is a large-scale or systematic deliberate attack on civilians. Qualifying enforced disappearance is quite complicated due to the possible inclusion of several crimes (for example, kidnapping, torture, murder, hiding a body). Considering the great danger of enforced disappearance, in accordance with the Law of Ukraine «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in Connection with the Ratification of the Rome Statute of the International Criminal Court and its Amendments» dated October 9, 2024. The Criminal Code of Ukraine is supplemented by Article 442-1 «Crimes against humanity», which provides for 6 hours 1 enforced disappearance.