Legal Qualification of Coercion of Civilians into Labor (Forced Labor)
Article 172 of the Criminal Code of Ukraine (CCU) establishes criminal liability for gross violations of labor legislation, including unlawful dismissal, failure to provide employment guarantees, or other infringements of the right to work. In the context of armed conflict, this article is applied particularly to cases of coercion of civilians to work for occupation administrations, military structures, or in the interests of the aggressor state.
Key Provisions of Article 172 (CCU)
The article contains two categories of offense:
- Part 1 (Basic Offense): Unlawful dismissal, failure to provide guarantees, or other gross violation of labor law (Penalty: Fine or disqualification from holding certain positions up to 3 years, or corrective labor up to 2 years).
- Part 2 (Aggravated Offense): The same actions committed repeatedly, against a pregnant woman, a mother of a child under 14, or a minor (Penalty: Imprisonment up to 3 years with disqualification from holding certain positions up to 5 years).
Forced Labor as a War Crime: Forcing civilians in occupied territories to work, either directly related to military operations or against their own country, constitutes a gross violation of the Fourth Geneva Convention and qualifies as a war crime (Article 438 CCU). Use of threats, blackmail, or denial of basic services to compel labor also falls under Article 172 CCU as a gross violation of labor legislation.
Evidence of Violation (Working for the Occupiers)
Violations qualified under Article 172 CCU include:
- Coercion to Work in Occupation Administrations: Threats of withholding humanitarian aid, housing, or security to force citizens to work in illegal authorities. Documented cases occurred in Kherson and Zaporizhzhia regions, where people were forced to work for collaborationist bodies under threat of repression.
- Use for Military Needs: Forcing civilians to repair military equipment, build fortifications, or clear debris at military facilities, documented in temporarily occupied territories by Russia.
- Denial of Basic Rights: Withholding wages, violating working conditions, neglecting safety and health norms while forcing labor.
- Psychological Pressure: Threats of arrest, deportation, or reprisals for refusal to work for the occupiers.
Connection with Other Articles
Crimes under Article 172 CCU in conflict conditions are often qualified together with:
- Article 438 CCU (Violation of Laws and Customs of War) — as an act of coercing civilians.
- Article 111-1 CCU (Collaborationist Activity) — for Ukrainian citizens organizing the forced labor system.
Legal Consequences
Application of Article 172 CCU alongside war crime provisions allows holding accountable both individuals directly coercing civilians into labor and leaders of occupation structures. Documenting these facts forms part of the broader charges for inhumane treatment of the civilian population. Actual cases recorded by human rights organizations include civilians forced to work under threat of losing humanitarian aid in occupied cities such as Mariupol and Kherson.
Sources
- Criminal Code of Ukraine: Article 172 (Text)
- Related Article: Article 438 CCU (Violation of Laws of War) →
- Related Article: Article 111-1 CCU (Collaborationist Activity) →
© 2001 — Criminal Code of Ukraine. Analysis of Violations.
Source: The Aggression Archive