Looting: a modern criminal offence

Abstract

The issue of looting is gaining increased significance in the context of martial law, emergencies, and social upheavals, where the structure of law and order becomes severely disrupted and ethical norms lose their regulatory power. Contemporary looting no longer conforms to the outdated stereotype of battlefield scavenging but represents a complex and evolving criminal phenomenon observed among civilian populations during armed conflict or natural disasters. Its distinctive characteristic lies in the exploitation of the vulnerable conditions of affected individuals, with the aim of unlawfully appropriating property, often accompanied by cruelty or blatant disregard for human dignity. In modern Ukrainian criminal law, looting has acquired renewed legislative relevance through the expansion of criminal offense structures outlined in relevant articles of the Criminal Code. This research necessitates a re-evaluation of the legal qualification of looting, a clear distinction from related offenses such as theft, robbery, and armed assault, and a contextual understanding rooted in humanitarian and international legal standards. Emphasis is placed on the dynamic transformation of looting as a form of socially dangerous behavior in times of national crisis. The situational context—especially the presence of emergency or martial conditions—serves as a key qualifying element that distinguishes looting from other property-related crimes. The paper discusses practical challenges in law enforcement and judicial systems concerning the documentation, evidentiary collection, and interpretation of looting incidents, particularly within combat zones or during mass evacuations. In addition, the analysis explores socio-psychological drivers that contribute to the phenomenon, such as moral disengagement, heightened stress responses, and the perception of impunity. Special attention is devoted to legal practices in other nations with comparable experiences of internal armed conflict, offering a comparative perspective and recommendations for legislative improvement in Ukraine. The conclusion asserts that effective counteraction against looting should rely not solely on punitive mechanisms but also on preventive, educational, and moral-ethical strategies designed to foster a societal culture of intolerance toward such conduct, regardless of prevailing civil instability.