Abstract
During the ongoing conflict between Russia and Ukraine, Russia implemented a “humanitarian aid” program which moved Ukrainian people with disabilities to Russia or Russian-controlled areas. The Prosecutor for the International Criminal Court issued arrest warrants under the theory that this program constitutes war crimes.
This Comment argues this program further qualifies as the crime of persecution against Ukrainians with disabilities. This piece first analyzes the crime of persecution, its relationship with other crimes and how non-enumerated groups can receive its protection. Next, this piece analyzes international human rights developments related to people with disabilities to show they qualify for such protections. This Comment then applies disability persecution to the situation in Ukraine. Finally, This Comment recommends an amendment to the Rome Statute to ensure people with disabilities are afforded protections. Creating an explicit crime of Disability Persecution will foster international understanding on the value of people with disabilities and act as a deterrence to future persecutions.
Included in
Criminal Law Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, Military, War, and Peace Commons