Google AI


Modern Australian

Are Russian transfers of Ukrainian children to re-education and adoption facilities a form of genocide?

  • Written by: Yvonne Breitwieser-Faria, PhD Candidate and Academic in Law, The University of Queensland

Throughout Russia’s war against Ukraine, there have been countless reports of alleged war crimes and crimes against humanity. Now, there are also allegations of genocide involving the forced transfer of Ukrainian children to Russia.

The International Criminal Court has just issued two arrest warrants in connection with the transfer of Ukrainian children for Russian President Vladimir Putin and Maria Lvova-Belova, the Russian commissioner for children’s rights.

While this is a significant legal milestone, the warrants might not necessarily lead to an arrest – due to a lack of enforcement mechanisms and the likely reluctance of the Russian state and potentially other states to cooperate.

Re-education and forced adoptions

There have been many reports on the forced transfer of Ukrainian children, ranging in age from infants to teenagers, to various locations in Russia and Russian-occupied Crimea. These transfers date back to the beginning of February 2022; in the case of occupied Crimea, transfers of orphans and children without parental care commenced as early as 2014.

Russia is now believed to be operating a large-scale, systematic network of at least 40 “recreational” re-education camps for thousands of Ukrainian children. The primary purpose of most of these camps appears to consist of pro-Russian indoctrination and, in some instances, military training.

While Russia does not deny the evacuation of children or that they are now in Russia, the government claims it is part of a humanitarian project for war-traumatised orphans.

However, not all of these children are orphans. According to an investigation by Yale School of Public Health’s Humanitarian Research Lab, children with living relatives in Ukraine have been “recruited” to attend camps in Russia for ostensible holidays. Consent from families is given either under duress or routinely violated.

Once the children are in Russia or Crimea, their communication with family members is either restricted or nonexistent. Most children have been unable to return home.

Troublingly, Putin’s “patriotic patronage campaign” is also strongly encouraging Russian families to adopt purported Ukrainian orphans. There have been legislative changes to expedite the adoption of Ukrainian children and financial incentives for Russian families who do this.

The exact number of Ukrainian children being sent to Russia is unclear. The Ukrainian government has officially identified 16,221 deported children as of early March.

Other estimates suggest the real number may be as high as 400,000.

Ukrainian Foreign Minister Dmytro Kuleba recently said the forced transfer of thousands of Ukrainian children constituted “probably the largest forced deportation in modern history” and “a genocidal crime”.

Is the forced transfer of children an act of genocide?

International law dictates what types of crimes constitute an act of genocide. These acts are exhaustively listed in the Genocide Convention, adopted in 1948. The legal definition of genocide has not changed in 75 years, and is accepted by and applicable to all states worldwide.

Article II of the Genocide Convention lists the forcible transfer of children of a group to another group as one of the acts which may amount to genocide if it is done with the intent to destroy a national, ethnic, racial or religious group.

Read more: Civilians are being killed in Ukraine. So, why is investigating war crimes so difficult?

Ukrainian children would be protected under this legal definition as a national group. The evidence, to date, also suggests the forcible transfer of Ukrainian children to Russia for the purposes of potentially “integrating”, or indoctrinating, them into pro-Russian culture has taken place.

While definite proof of this specialised intent is required, the removal of children from their families, homes and culture suggests the purpose of Russia’s “evacuation” of children may be to erase Ukraine’s identity.

Whether or not Russia succeeds is irrelevant; the attempt to commit genocide is also a crime.

Russia’s actions are comparable to the Nazis’ “Germanisation program” in the second world war, in which hundreds of Polish children were transferred to Germany and subsequently adopted by German families.

In addition to being a potential act of genocide, the forced transfer of Ukrainian children to Russia may also be a violation of international humanitarian and human rights law under the Fourth Geneva Convention and the Convention on the Rights of the Child, as well as a crime against humanity.

Russia is a party to all of these international instruments and is therefore legally obligated to adhere to them.

Who is investigating this?

To date, separate investigations into the transfer of Ukrainian children to Russia are being carried out by:

The arrest warrants just issued by the International Criminal Court are the first related to alleged crimes committed during the Ukraine war. The judges of the responsible chambers agreed there were “reasonable grounds” to believe Putin and Lvova-Belova bore responsibility for the “unlawful deportation” of Ukrainian children.

Why evidence is crucial

Successful criminal proceedings would require proof that the alleged perpetrators have committed genocide beyond a reasonable doubt. Conclusive evidence to this end will be crucial; the court will not be satisfied with a lesser standard.

The types of evidence that could support a prosecution could include everything from witness testimonies to satellite imagery or video recordings. Any evidence must meet international standards and protocols for criminal prosecutions.

Importantly, prosecutors would also have to demonstrate that not only did the transfer of Ukrainian children take place, but also that the perpetrators acted with the intent to destroy Ukrainians as a national group.

This evidence, in particular, will be difficult to collect – but not impossible with modern technology. This allows for the collection of evidence in real time and the preservation of otherwise perishable evidence through, for example, social media.

Read more: I am a Ukrainian American political scientist, and this is what the past year of war has taught me about Ukraine, Russia and defiance

Authors: Yvonne Breitwieser-Faria, PhD Candidate and Academic in Law, The University of Queensland

Read more https://theconversation.com/are-russian-transfers-of-ukrainian-children-to-re-education-and-adoption-facilities-a-form-of-genocide-200995

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...