| Thu. December 26, 2024 | |
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 Since the escalation of the war between Russia and Ukraine in 2022, one of the most alarming humanitarian crises has been the forcible displacement of children. According to Ukraine’s “Children of War” database, more than 19,500 children have been forcibly taken to Russia.¹ These children, often placed in camps or adopted by Russian families, face the loss of their national and cultural identities. The situation raises serious concerns under international law, particularly regarding the protection of children during armed conflict. The Legal Framework The 1948 Genocide Convention, to which both Russia and Ukraine are parties, defines genocide as including the forcible transfer of children from one group to another, with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.² The forcible displacement of Ukrainian children, combined with efforts to assimilate them into Russian society by severing their national ties, could be interpreted as a violation of this provision. The systematic abduction and re-education of these children undermines their Ukrainian identity and may fulfill the requisite intent under the Genocide Convention.³ The Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Geneva Convention IV) establishes obligations for occupying powers regarding the protection of civilian populations, including children. Article 50 of the Geneva Convention IV requires occupying powers to facilitate the identification and registration of children in order to enable reunification with their families after the conflict.4 Moreover, it obliges the occupying power to maintain the nationality of displaced children.5 Russia’s actions in enabling the adoption of Ukrainian children by Russian families and granting them Russian citizenship without Ukraine’s consent constitute a clear breach of these obligations.6 Additionally, both Russia and Ukraine are bound by the United Nations Convention on the Rights of the Child (UNCRC), which they ratified in 1990 and 1991, respectively. Under Article 3(1) of the UNCRC, states are required to act in the “best interests of the child,” and children have a right to be cared for by their parents unless it is contrary to their welfare.7 The UNCRC also guarantees the right of children to preserve their identity, including their nationality, name, and family relations.8 Article 10 of the UNCRC further requires states to facilitate the reunification of children separated from their families, and to do so in a “positive, humane and expeditious manner.”? These provisions, along with Article 8, which safeguards the right to identity, place clear legal obligations on Russia to return displaced children to Ukraine and reunite them with their families.¹° How Children are Forcibly Taken The methods by which Ukrainian children are forcibly displaced vary. In some cases, children are seized during military operations in occupied areas, often under the pretext of being evacuated for their safety.¹¹ These children are then transferred to Russia, where families are left with little or no information about their children’s whereabouts.¹² Many parents are required to cross into Russian territory to retrieve their children, a dangerous and costly journey that is difficult to undertake during the conflict.¹³ In other cases, children are sent to Russian-run summer camps, which were initially marketed to Ukrainian parents as safe spaces for their children away from the conflict.¹4 However, many of these children never returned, and Russian authorities have relocated them to various regions across Russia, further complicating efforts to identify and bring them back.¹5 Once relocated, many of these children’s personal information, such as their names, birth dates, and citizenship, are altered to facilitate their adoption into Russian families.¹6 The Psychological Impact: A Challenge to Identification and Return One of the most significant challenges in the repatriation of forcibly displaced Ukrainian children stems from the psychological manipulation they have endured. Many of these children have been subjected to re-education programs in Russia, which aim to erase their Ukrainian identity and instill a Russian one. As a result, some children now refuse to return to Ukraine, believing they are safer in Russia. In some instances, children have been told that they would be killed if they returned to Ukraine, as they are now considered “Russian.” This brainwashing makes the repatriation process fraught with emotional difficulties and presents a substantial barrier to reuniting families.¹7 Efforts to retrieve children from Russia are further complicated when children resist returning, often due to the belief that they will face harm upon their return. NGOs like Save Ukraine have encountered numerous cases in which children were convinced by Russian authorities that they would not survive in Ukraine. These manipulated narratives leave children psychologically vulnerable, confused about their identity, and emotionally resistant to the idea of returning home. Convincing these children to return has proven to be difficult and emotionally traumatizing for both the children and their families.¹8 Despite these hurdles, NGOs and Ukrainian officials remain committed to reuniting these children with their families. Familiar faces, such as family members, have often been essential in retrieving children and assuring them of their safety. However, the deep psychological damage inflicted by these re-education efforts continues to pose a significant challenge in the identification and retrieval of forcibly displaced children.¹? The Role of Nonprofits in Reuniting Children Several nonprofit organizations have been crucial in the efforts to locate and repatriate Ukrainian children. Save Ukraine and Missing Children Europe are leading these efforts, working tirelessly to reunite displaced children with their families. Save Ukraine has undertaken missions into Russian-held territories to retrieve children, despite the significant logistical and safety challenges involved.²° Missing Children Europe, a network of 31 NGOs, has been instrumental in tracking down missing children and providing legal, psychological, and logistical support to both the children and their families.²¹ These organizations collaborate with Ukrainian authorities and leverage international databases, such as the “Children of War” database, to trace missing children and coordinate their safe return.²² Legal Accountability and Human Rights The forcible displacement of children is not only a human rights violation but also a breach of multiple international legal frameworks. Russia’s actions contravene the Genocide Convention, the Geneva Convention IV, and the UNCRC, all of which contain specific provisions protecting children from forcible transfer and requiring their return to their families. The International Criminal Court (ICC) has issued arrest warrants for Russian officials involved in the abduction of Ukrainian children, underscoring the gravity of these violations.²³ However, these legal actions must be complemented by diplomatic and humanitarian efforts that prioritize the immediate return of displaced children to their families and ensure their long-term protection. Conclusion The forcible displacement of Ukrainian children presents significant legal and human rights challenges. Russia’s actions violate key international legal frameworks, including the Genocide Convention, Geneva Convention IV, and the UNCRC, which were designed to safeguard the rights and identity of children during conflicts. It is imperative that the international community supports Ukraine and the nonprofit organizations working tirelessly to locate and reunite these children with their families. Legal accountability, along with continued humanitarian efforts, will be essential to ensuring that these children are returned home and that their rights are fully protected. Failure to act will not only endanger the future of Ukraine’s cultural identity but also undermine the core principles of international law. Molly Armstrong is a Juris Doctor candidate at American University Washington College of Law, where she serves as Senior Articles Editor for the Administrative Law Review. She is also pursuing a Master of Arts in international law at American University's School of International Service. Her experience includes roles as a Senior Research Associate at the Public International Law and Policy Group, where she researches international negotiation solutions, and as a law clerk for the U.S. Peace Corps, where she contributed to trial preparation and policy memoranda. Molly has also interned at the D.C. Office of Human Rights, the National Association of Manufacturers, and Oregon Tool, focusing on legal compliance and policy issues. Molly holds a Bachelor of Arts in Political Science and Global Studies from the University of Oregon. Footnotes: ¹ https://childrenofwar.gov.ua/en/
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