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Articles

Vol. 57 No. 4 (2025): Prawo i Więź nr 4 (57) 2025

Addressing Enforced Disappearances in Criminal Law: Legal and Procedural Perspectives from Ukraine and Bosnia and Hercegovina

DOI:
https://doi.org/10.36128/PRIW.VI57.1329
Submitted
21 April 2025
Published
06-10-2025

Abstract

The notion of enforced disappearance has been a serious violation of human right as the right to life and to liberty. The increase in the case of enforced disappearance in the society today and those of Ukraine and Bosnia and Herzegovina is in the increase and this crime is so rampant in these society. The objective and purpose of this paper is to show the extent that the crime of enforced disappearance has affected the population of Ukraine and Bosnia and Herzegovina, and how this crime has affected the criminal proceedings in most cases. In answering the above objective, it will be essential for us to look at an analytical research method, together with normative and comparative legal methods, in observing how the State of Ukraine and Bosnia and Herzegovina has been able is prosecuting this offence in consonant with the criminal texts and other legal instruments that these states has enacted in handling the said crime in question. Based on that, one can say that through the State of Ukraine and Bosnia and Herzegovina has the relevant laws criminalizing the above crime, this crime commission continue to be on the increase as the devastating effects are disastrous and the loss of human life enormous. From this set, one is pose to find out what can really be done in ensuring that the population of Ukraine and those of Bosnia and Herzegovina should be safe and not deprived of their fundamental right to life, it therefore becomes the responsibility of those in charge of criminal justice should properly enhance the criminal process so that those responsible for these crimes should be prosecuted accordingly.

References

  1. Andrushko Andriy V., Theoretical and Applied Principles of Preventing and Combating Crimes Against the Will, Honor and Dignity of a Person: A Monograph. Kyiv: Vaite, 2020.
    View in Google Scholar
  2. Arnaut-Haseljić Meldijana, “Prisilni Nestanci na Području Sarajeva 1992–1995” Pregled: Časopis Za Društvena Pitanja, No. 2 (2016): 1-19.
    View in Google Scholar
  3. Babikov Oleksandr, “Enforced Disappearance: Problematic Issues of Criminal Liability” Sud.ua, 2020. https://sud.ua/ru/news/blog/173139-nasilnitske-zniknennya-problemni-pitannya-kriminalnoyi-vidpovidalnosti.
    View in Google Scholar
  4. Citroni Gabriella, “Faraway, So Close: Victims of Enforced Disappearance in Bosnia and Herzegovina and the Rights to Know the Truth, Justice and Reparation” Droits fondamentaux, No. 19 (2021).
    View in Google Scholar
  5. Denisyuk Oksana Valeriyivna, Criminal Legal Characteristics of Enforced Disappearance. Dissertation for Doctor of Philosophy in Specialty “Law.” Kyiv: National Academy of Internal Affairs, 2023.
    View in Google Scholar
  6. Finucane Brian, “Enforced Disappearance as a Crime Under International Law: A Neglected Origin in the Laws of War” The Yale Journal of International Law, Vol. XXXV (2010): 171-197.
    View in Google Scholar
  7. Kułaga Łukasz, „Inicjatywa dotycząca specjalnego trybunału ds. zbrodni agresji przeciwko Ukrainie – wyzwania i perspektywy” Prawo i Więź, no. 4 (2022): 72-99. https://doi.org/10.36128/priw.vi42.538.
    View in Google Scholar
  8. Marin Oleksandra, “Criminal Liability for Enforced Disappearance in Criminal Law of Ukraine” Visnyk of the Lviv University. Series Law, 72 (2021): 122-130. https://doi.org/10.30970/vla.2021.72.122.
    View in Google Scholar
  9. Mirkovets Dmytro, Volodymyr Atamanchuk, Serhii Marko, Ihor Dubivka, Andriy Matsola, “Conceptual Problems of Investigation and Prevention of Enforced Disappearance of Persons in the Conditions of Armed Aggression” Cuestiones Políticas, No. 69 (2021): 60-73. https://doi.org/10.46398/cuestpol.3969.03.
    View in Google Scholar
  10. Onyshkevych Ihor Andriyovych, Criminal Liability for Enforced Disappearance in Ukraine. Thesis for Doctor of Philosophy in specialty “Law.” Lviv: Lviv State University of Internal Affairs, 2024.
    View in Google Scholar
  11. Politova Anna Serhiyivna, “Enforced Disappearance: Is There Room for Improvement?” Scientific Perspectives, No. 38 (2023): 515-528. https://doi.org/10.52058/2708-7530-2023-8(38)-515-528.
    View in Google Scholar
  12. Rokaj, I., & Konini, I. (2024). A comparative prospective on the individualization of criminal sentencing. Law & Social Bonds, 6(54). https://doi.org/10.36128/PRIW.VI54.859
    View in Google Scholar
  13. Saltykov Serhii, Dmytro Talalai, “Confidential Cooperation and Covert (Investigative) Activities” Entrepreneurship, Economy and Law, 8 (2020): 285-290. https://doi.org/10.32849/2663-5313/2020.8.47.
    View in Google Scholar
  14. Tokača Mirsad, Bosanska knjiga mrtvih: ljudski gubici u Bosni i Hercegovini 1991-1995. Sarajevo: Istraživačko dokumentacioni centar, 2012.
    View in Google Scholar
  15. Tsviki Valentyna Yaroslavivna, The International Legal Protection of Persons from Enforced Disappearances. Thesis for Candidate of Sciences in specialty “International Law.” Odessa: National University «Odessa Law Academy», 2018.
    View in Google Scholar
  16. Voitovych Yaroslav Mykhailovych, Methods of Investigating the Enforced Disappearance of a Person. Thesis for Doctor of Philosophy in specialty “Law.” Kyiv: National Academy of Internal Affairs, 2021.
    View in Google Scholar
  17. Yeroshkin Mykola Viktorovych, Specifics of Proving in Criminal Proceedings on Enforced Disappearance. Thesis for Candidate Degree in Law in specialty criminal procedure and criminology; forensic examination; investigative activities. Mariupol: Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine, 2020.
    View in Google Scholar

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