Qualification of Torture in Conditions of Martial Arts and During Armed Conflict

In the context of full-scale armed aggression against Ukraine, the issue of torture is becoming particularly acute. The use of torture in occupied territories, in places of detention, and against civilians and prisoners of war is not only a gross violation of human rights, but also a serious war crime. The classification of such acts is complicated by the specifics of martial law, the multiplicity of possible criminal offenses, and the need to simultaneously apply the norms of national criminal law and international humanitarian law. The lack of consistency in legislative norms, the absence of uniform judicial practice, and the need to comply with international human rights standards necessitate a scientific analysis of this issue. The correct legal classification of torture determines not only the effectiveness of criminal prosecution of the perpetrators, but also the restoration of justice for the victims and the formation of an evidence base for international courts.

The article examines the problem of qualifying torture in conditions of martial law and armed conflict, which is particularly relevant in the context of contemporary challenges related to military aggression against Ukraine. It analyzes the norms of national criminal legislation, international legal acts, and the practice of international judicial institutions regarding the definition of torture, its composition, and characteristics. Particular attention is paid to the relationship between torture and war crimes, crimes against humanity, and violations of the rules of war. The problems of distinguishing torture from other crimes against human life, health, and honor are considered, as well as the peculiarities of qualification, taking into account martial law as a qualifying circumstance. The need to improve criminal law mechanisms for bringing to justice those who commit torture in armed conflict and to bring national practice into line with international human rights standards is justified.