NIELEGALNA EKSPLOATACJA CZŁOWIEKA JAKO GLOBALNE ZAGROŻENIE DLA BEZPIECZEŃSTWA: SPECYFIKI PRZEJAWÓW PODCZAS KONFLIKTÓW ZBROJNYCH

Анотація

This article examines human exploitation as a transnational organized crime phenomenon that acquires specific characteristics during armed conflicts. The authors analyze the criminal-legal nature of exploitation, emphasizing its organized structure, cross-border dimensions, and the requirement for international cooperation in combating such crimes. Particular attention is given to the issue of civilian population involvement in activities directly or indirectly aimed at achieving military objectives in the context of the full-scale war initiated by the Russian Federation against Ukraine. The study presents empirical data from the 2022 survey conducted by “La Strada — Ukraine” and the 2023 Annual Report of the Ukrainian Parliament Commissioner for Human Rights, identifying the most vulnerable categories including internally displaced persons, women with children, and individuals without documentation. The article proposes a practical definition of “use of a person in the context of armed conflict” as intentional involvement of civilians or other persons protected by international humanitarian law in performing combat, auxiliary, logistical, reconnaissance, or administrative tasks aimed at achieving military goals. The authors systematize forms of coercion and recruitment, including physical and psychological pressure, deception, exploitation of vulnerable status, and manipulation, based on the practice of the International Criminal Court and the European Court of Human Rights. The research substantiates the need to criminalize exploitative practices in armed conflicts and adapt approaches to their criminal-legal assessment in accordance with international humanitarian law standards.