More than just a legal term: How important is a proper legal characterization of conflict-related sexual violence?

More than just a legal term: How important is proper legal statusWhat are the characteristics of conflict-related sexual violence? [1]

The legal term “conflict-related sexual violence” (CRSV) has entered the legal system of Ukraine relatively recently. For example, this term was used in National Action Plan for the Implementation of UN Security Council Resolution 1325 "Women, Peace, Security" for the Period Until 2020, adopted in 2016. After the full-scale Russian invasion, responding to the SNPK required systemic changes to Ukrainian legislation, including the adoption of new laws, such as the law on urgent interim reparations, and amendments to existing regulatory legal acts, in particular those, which determine the procedure for providing assistance to victims. The national justice system has also been activated, from the development and adoption of new practices and approaches focused on victims to the issuance of court verdicts in proceedings concerning the SNPK.

But how important is the legal dimension of the SNPK? And does the legal characterization of this crime affect the legal reality, including the experience of victims?

SNPK in Ukraine by 2014: the response of the international community and the national justice system

International organizations registered SNPK in Ukraine, starting from 2014. The reports noted that sexual violence was mainly committed in Ukraine in conditions of unlawful deprivation of liberty as a method of torture. The largest number of recorded cases took place in the temporarily occupied parts of Donetsk and Luhansk regions. Giving a preliminary legal assessment of international crimes, in the reports on the preliminary study of the situation in Ukraine during 2016-2020 the Office of the Prosecutor of the International Criminal Court stated, that there is sufficient reason to believe that war crimes of rape and sexual violence, among other things, were committed in the context of the armed conflict in eastern Ukraine. However, crimes of sexual violence were not mentioned in such reports in relation to the occupied territory of Crimea. And this is despite repeated mentions in media about cases of sexual violence during torture, which were not then classified as sexual violence.

In general, the international community's attention to the SNP in Ukraine in the period up to 2022 was quite limited. In particular, the situation with the SNP in Ukraine was not mentioned at all in the annual reports of the UN Secretary-General on the SNP, which highlight this problem in a global context.

As for the national level, the legal assessment of international crimes is primarily the responsibility of the national justice system. Until 2022, the response to the SNPK by the judicial and law enforcement agencies of Ukraine was minimal. The SNPK was not legally qualified as an international crime. In perhaps the only proceeding that reached the stage of trial at that time, namely regarding the special police unit "Tornado", sexual violence was then classified under Part 2 of Article 153 of the Criminal Code of Ukraine as “violent satisfaction of sexual passion by unnatural means” in force at that time. A small number of open proceedings regarding acts of sexual violence committed by the Russian side or by representatives of the so-called “authorities” of the LPR and DPR never reached the stage of judicial review. This was probably due to the lack of access of investigative bodies to the temporarily occupied territories, as well as the less widespread practice of criminal proceedings in absentia at that time. In addition, significant social stigmatization and insufficient awareness of the forms and manifestations of SNPK, both by law enforcement agencies and by the victims themselves, contributed to the fact that the victims did not report the crime. Again, as a legal category in the Ukrainian legal field, the concept of SNPK was practically absent.

SNPK in Ukraine after 2022: new legal reality, international and national response

The situation changed dramatically after 2022. Due to the scale and greater visibility of SNPK cases, these crimes could no longer be ignored, and proper legal assessment became a necessity. Yes, European Union and Council of Europe The adopted resolutions characterized sexual violence by Russian military personnel as a “weapon of war” or “tactic of warfare.” This was also noted in the decisions European Court of Human Rights. Although from the point of view of international law, this characterization does not place the SNPK under existing legal categories, such as international crimes, violations of international humanitarian law, or human rights violations, it is an important signal to the international community about the seriousness of the acts being committed. As a result, all reports of the UN Secretary-General on the SNPK include after 2022 There is already a separate section on Ukraine.

As for justice at the international level, the situation regarding Ukraine is currently under investigation by the International Criminal Court, but it is not yet known whether the cases to be heard by the Court will include allegations of the SNPK. On the other hand, the ECHR has already provided a legal assessment of the SNPK cases in a decision Ukraine and the Netherlands against Russia, finding them to be in violation of Article 3 (torture and inhuman treatment) European Convention on Human Rights. Sexual violence is also one of the categories Register of losses for Ukraine, which was created under the auspices of the Council of Europe.

At the national level, many changes have also taken place over the past four and a half years. Ukraine ratified Rome Statute of the International Criminal Court, contributed changes to the Criminal Code, including the category of crimes against humanity, which now also covers a list of various forms of sexual violence. The first legislative definition of the SNPK was enshrined in the law on legal and social protection of victims of the SNPK and urgent interim reparationsThe same law established the procedure for recognizing a person as a victim of the SNPK and the procedure for receiving interim reparations.

However, legislative changes are still needed for the proper legal qualification of SNPK in the administration of justice. Mainly because Article 438 of the Criminal Code of Ukraine, under which most SNPK cases are qualified after 2022, is of a reference nature and is too general. That is, currently SNPK in indictments and court decisions is defined in accordance with the categories of international humanitarian law, as formulated, in particular, in the Geneva Conventions and Additional Protocols, and not in accordance with the standards of international criminal law, as they are, in particular, defined in the Rome Statute of the International Criminal Court. It is the latter standards that are currently a priority in the administration of justice, including both international and national justice.

In addition to legislative changes, there have been changes in the practice of investigating crimes of the Criminal Procedure Code in Ukraine. In particular, there have been introduced victim-centered approaches adopted strategic plans, attractions regarding the investigation of various forms of SNPK, etc. Coordination of assistance to victims of SNPK has been established through Coordination Center support for victims and witnesses within the structure of the Prosecutor General's Office. There is currently a need to enshrine relevant standards in law, in particular in the Criminal Procedure Code, to ensure their uniform understanding and unified application in the work of all justice bodies.

What does this change for victims and does proper legal characterization matter?

Behind abstract legal categories lies the ability to influence real life, in particular, through directing state policy in the field of SNPK, making decisions at various levels, identifying victims and their needs, obtaining necessary services, etc. The lack of certainty and proper legal categorization of SNPK causes stigmatization and the prevalence of stereotypes about SNPK and SNPK victims.

Representatives of public organizations that represent and provide support to victims shared their perspectives and visions of the problems that victims of SNPK encounter in real life when interacting with the justice system.[2]Some of the problems raised have a direct or indirect connection with the legal characteristics of the SNPK. For example, the following was noted:

• Authorized entities still do not sufficiently identify victims of SNPK, and victims themselves in most cases decide not to report the crime, mainly due to stigmatization.
• There is often a comparison between law enforcement agencies and service providers from the perspective of "who suffered more", which indicates a lack of understanding of the nature and consequences of SNPK, as well as the prevalence of stereotypes.
• Confusion in terminology and a lack of understanding of the place of SNPK among other types of violence, including its relationship with torture and gender-based violence, create barriers to victims receiving support.

Therefore, the proper legal categorization of SNPK still matters. Yes, at the international level it is about understanding the seriousness of this crime and responding through the application of relevant international mechanisms. At the national level, this ensures a unified understanding of this phenomenon by courts, law enforcement agencies and support services, as well as reducing stereotypes and stigmatization of SNPK victims. Finally, for the victims themselves, proper legal categorization means better identification and self-identification, barrier-free access to justice and the ability to receive the support they need.

The material was prepared as part of the implementation of the project "Countering Stigma and Stereotypes: Access to Justice for Victims of Sexual Violence in Ukraine" by the NGO "La Strada-Ukraine", with financial support from Synergy of Justice within the framework of the program "Stigma in the Justice System".

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[1] This material was presented at a meeting of the Study Group on Sexual and Reproductive Violence in Conflict and Post-Conflict Contexts, which was held on August 20, 2026, as part of the International Law Association conference in Vienna.

[2] Data were collected during two focus groups conducted by the NGO "La Strada-Ukraine" in November 2025 as part of the project "Countering Stigma and Stereotypes: Access to Justice for Victims of Sexual Violence in Ukraine", with financial support from Synergy for Justice