Fourth Geneva Convention:

Russia has violated Article 49 of the Fourth Geneva Convention, which explicitly prohibits “individual or mass forcible transfer, as well as deportation of protected person from occupied territory to a territory of the occupying power regardless of their motive”. Under Article 4, children are recognized as protected persons. 

Furthermore, Article 147 of the Fourth Geneva convention classifies “unlawful deportation or transfer … of a protected person” among the grave breaches of the Convention. Article 85(5) of the Protocol Additional to the Geneva Convention, confirms that ‘grave breaches constitute war crime’. 

Article 50 of the Fourth Geneva Convention states that the “Occupying power shall take all necessary steps to facilitate the identification of children… may not in any case, change their personal status”. The Article further requires that “the occupying power shall made arrangements of the maintenance of education, if possible, by person of their own nationality, language and religion”.

Reports indicate that Russia has unlawfully granted Ukrainian children Russia citizenship and mandated ‘re-education’ in-line with Russian ideologies. One rescued boy said: “We had to sing the Russian anthem and draw the tricolour”. Such actions constitute a clear violation of the obligations set out under Article 50.

Additional Protocol 1:

Under Article 78(1) of the Additional Protocol 1, the evacuation of children to a foreign country is “only permissible temporarily for compelling reasons” to protect their health or safety. Furthermore, this can also be arranged by the child’s national country. Russia is a party to both the Fourth Geneva Convention and the Additional Protocol 1 and legally bound by these provisions.

Rome Statute of the International Criminal Court:

Russia’s actions constitute violations not only under International Humanitarian law but under International Criminal Law. Under Article 8(2)(a) of the Rome Statute of the International Criminal Court defines War Crimes to include: “unlawful deportation or transfer or unlawful confinement of protect person…in international armed conflict”. Importantly “despite Russia withdrawing from the Rome Statute” … “Ukraine’s acceptance of the ICC jurisdiction allows the court to investigate and prosecute crimes committed on Ukrainian soil.”

Convention of the Rights of the Child (CRC):

Article 8 stipulates States Parties obligation to “preserve his or her identity, including nationality, name, and family relations”.

Article 9 states that a child “should not be separated from parents against their will … except when if in their best interests of the child”. 

Article 11 states that “State Parties must take measures to combat the illicit transfer and non-return of children abroad”.

Article 21 concerns adoption safety measures, that the “adoption is permissible only in view of the child’s status concerning parents, relatives and legal guardians” and “inter-country adoption is only considered when suitable care isn’t available in the child’s own country”. 

Russia has signed the CRC and is obligated to report to the Committee on the Rights of the Child.

There is no legal ambiguity: the large-scale deportation of children is a war crime:

The forcible transfer of Ukrainian Children (protected persons) to Russia and Russian occupied territory violates International Humanitarian law under Article 49 of the Fourth Geneva Convention and represents a grave breach under Art 147. It also breaches Art 8(2)(a) of the Rome Statute under International Criminal Law.

Furthermore, changing a child’s nationality, education and facilitating illegal adoption in Russia violates Article 50 of the Fourth Geneva Convention; Article 78 of the Additional Protocol 1; and Article 8,9,11 and 21 of the Convention of the Rights of the Child.

The International Criminal Court (ICC) issued arrest warrants against President Putin and Russia’s Commissioner for Children’s Rights Maria Lvona-Beloval, for the “the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute”. (International Criminal Court, 2023)

This action by the ICC affirms that these acts are recognised under international law as war crimes.