OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

OSCEs Parlamentariske Forsamling 2022-23 (2. samling)
OSCE Alm.del Bilag 36
Offentligt

Violation of the Rights of Ukrainian Children in the

Temporarily Occupied Territories of Ukraine and in

Russia: Deportation, Militarization, Indoctrination

Kyiv – 2023

UNBLOOMED

Special report

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

List of abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

§1

1 .1 .

1 .2 .

1 .3 .

1 .4 .

1 .5 .

1 .6 .

§2

Gross violations of children’s rights as a result of armed

aggression against Ukraine: general overview . . . . . . . . . . . . . . . . . . . . . . . 7

Murders and maiming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Recruiting children into the enemy’s armed forces

and using them in hostilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Rape and other forms of sexual violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Child abduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Attacks on schools and hospitals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Denial of access to humanitarian aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Peculiarities of the situation of children in the temporarily

occupied territories of Ukraine and children displaced to the Russian

Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Forced transfer of children to the temporarily occupied territories

of Ukraine and deportation of children to the territory of the Russian

Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

2 .1 .

2 .2 . Implementation of Russian standards of education

in the occupied territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

2 .3 . “Re-education” and militarization of Ukrainian children transferred

to the temporarily occupied territories of Ukraine and the territory

of the Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

2 .4 . Forcible change of citizenship of children in the occupied

territories of Ukraine and passporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

2 .5 . Placing Ukrainian children in families of citizens

of the Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

§3

Political assessment and legal classification of the actions

of the aggressor state towards Ukrainian children . . . . . . . . . . . . . . . . . . . 46

Actions of state authorities of Ukraine aimed at the return

of Ukrainian children and protection of their rights . . . . . . . . . . . . . . . . . . 58

Collection of information and recording of all cases of violations

of children’s rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

§4

4 .1 .

4 .2 . Investigation of war crimes against children and bringing

perpetrators to justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

4 .3 . Coordination of efforts of various state authorities . . . . . . . . . . . . . . . . . . . . . 61

4 .4 . Counseling of victims and their relatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

4 .5 . Return of children from the territory of the Russian Federation

and their support after return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

4 .6 . Cooperation with international partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

Introduction

On 24 February 2022, the Russian Federation

launched another act of armed aggression

against Ukraine — the full-scale invasion, which,

in terms of violations of international humani-

tarian law and international human rights law, is

the largest armed conflict in Europe since the

end of World War II.

The unprecedented aggression of the Russian

Federation has a significant impact on ensuring

the rights of children in the territory of Ukraine.

Minors are increasingly becoming the target,

rather than random victims, of the actions of

representatives of the RF, united by the de-

clared intention of the highest officials of the

Russian Federation to destroy the Ukrainian

people, their identity and deprive them of the

right to independent development.

Human Rights Commissioner

of the Verkhovna Rada of Ukraine

Dmytro Lubinets

During almost 14 months of the full-scale inva-

sion, children became victims of the Russian

Federation’s indiscriminate and disproportionate attacks on the civilian population

and civilian objects; get maimed, become victims of sexual violence, are forced to

leave their homes, fleeing the horrors of war to other regions of Ukraine or abroad.

The aggressor state exposes children to hunger and diseases, complicates the opera-

tion of humanitarian and evacuation corridors. Cases of child abduction, illegal depri-

vation of liberty, hostage-taking, torture of minors, cynical use of children for military

advantage are not less shocking.

Having established and maintained effective control over parts of the territories of

the Luhansk, Donetsk, Zaporizhzhia and Kherson oblasts, Russia is trying to imple-

ment the “Crimean scenario” by banning the use of the Ukrainian language and de-

stroying Ukrainian-language books, the immediate introduction of education in the

Russian language and with a Russian ideological orientation, illegal deportations and

forcible transfer, giving to Russian families for upbringing, militarization

of children

with the aim of eradicating their national identity

and turning them into enemies

of their own Motherland. Senior officials are involved in the development and imple-

Militarization of children is a policy of the RF aimed at forming the loyalty of minors to the use of force methods in

the regulation of interstate relations, which involves in-depth military training, in particular, training with the use of

weapons, additional lessons or extracurricular activities, participation in militaristic sports events, membership in

military-patriotic organizations (Young Army Movement, Pennant, Movement of the First, etc.).

Eradication of national identity is the process of violently changing the objective and subjective affiliation of a

person to a national group, destroying or devaluing cultural, social, historical and other aspects that determine the

identity of the national group as a whole.

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Introduction

mentation of the mentioned policy, which is evidenced, among other things, by the

adoption of the decision by the Pretrial Chamber II of the International Criminal Court

to issue arrest warrants for the President of the Russian Federation Vladimir Putin and

the Commissioner for Children’s Rights of the Russian Federation Maria Lvova-Belova

on 17 March 2023.

Russia’s disregard for the rights of children who are residing in the territory of Ukraine,

in particular, occupied Ukraine, where it is obliged to guarantee the observance of

fundamental rights and freedoms, the scale and heinousness of committed interna-

tional crimes against minors have actualized the need to highlight and assess illegal

acts, form recommendations for national authorities, foreign states and governments,

international organizations in order to improve the state of ensuring the rights and

freedoms of the child, stop ongoing violations, prevent the Russian Federation from

committing new international crimes and bring the guilty parties to justice.

The special report covers the period from February 2022 to April 2023 (inclusive). The

intensity and scale of the violations, the number of victims and affected persons,

the lack of access to the territories of detention of minors, the intentional distortion

of information by Russia for propaganda purposes, and hostilities had a limiting ef-

fect during the writing of the Report. This report focuses mainly on describing those

rights of the child that have been unlawfully interfered with or that have been violat-

ed in connection with the full-scale intrusion. During the writing of the Report, data

obtained as a result of the activities of the Secretariat of the Commissioner, as well

as through cooperation with other competent authorities of Ukraine, testimonies of

victims of violations and their relatives, analytical materials from specialized non-gov-

ernmental organizations, reports of international organizations, information from of-

ficial websites of state authorities of the aggressor state, as well as information from

open sources were used.

By providing specific facts of the violations, as well as their concise classification

through the prism of international law, the authors seek to allow readers to draw their

own conclusions of the perpetrators and the goal they pursue. The report provides an

analysis of the actions of both Russia and Ukraine, and offers measures to improve the

state of observing children’s rights during the armed conflict.

This report was prepared by the Secretariat of the Ukrainian Parliament Commission-

er for Human Rights with the active participation of experts — Kateryna Rashevska,

a lawyer at the Regional Center for Human Rights, Onysiia Syniuk, a legal analyst at

ZMINA Center for Human Rights.

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

List of abbreviations

DPR

HEI

ZSU

LPR

IHL

ICC

NIB

OSCE

OPG

SMO

JIT

TOT

the so-called Donetsk People’s Republic

state enterprise

higher education institution

the Armed Forces of Ukraine

the so-called Luhansk People’s Republic

international humanitarian law

International Criminal Court

National Information Bureau

Organization for Security and Cooperation in Europe

Office of the Prosecutor General

United Nations Organization

the Russian Federation

the so-called special military operation

Joint Investigative Team

temporarily occupied territories of Ukraine

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Gross violations of children’s rights as a result of armed aggression against

Ukraine: general overview

§ 1 Gross violations of children’s

rights as a result of armed

aggression against Ukraine:

general overview

Armed conflicts cause a disproportionate impact on representatives of different age

groups

: hostilities and occupation are accompanied by violations of the rights and

freedoms of children, including the right to life, to security in the conditions of hostil-

ities and war, to education, to health and personal development, the right to be with

the family, as well as the right to care and protection from the state.

UN Security Council Resolutions 1261 (1999), 1882 (2009), 1998 (2011) and 2225 (2015)

internationally identified

six serious violations against children in armed conflict.

According to the Criminal Code of Ukraine and the Rome Statute of the ICC, these

acts constitute several international crimes at once.

1.1.

Murders and maiming

According to Article 6 of the Convention on the Rights of the Child, every child has the

inherent right to life, and States Parties shall ensure to the maximum extent possible

the survival and development of the child

. Article 3 common to the four Geneva Con-

ventions prohibits violence against the life and person of a child, including all types of

Children affected by armed conflict and violence, 15 July 2022. Access mode: https://www.ohchr.org/en/

speeches/2022/07/children-affected-armed-conflict-and-violence

UN Convention the Right of the Child. Access mode: https://zakon.rada.gov.ua/laws/show/995_021#Text

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

murder, mutilation, ill-treatment and torture

. International humanitarian law obliges

the parties to an armed conflict to distinguish between military and civilian targets,

and the civilian population, which includes minors, must be protected from the con-

sequences of hostilities. These duties are customary in nature. They are the basis of

the key principle of the laws and customs of warfare — the principle of distinction.

International humanitarian law also requires that each party to the conflict take all

possible precautions in the choice of means and methods of conducting military op-

erations in order to avoid the accidental death or injury of the civilian population, in

particular children

At the same time, the Russian Federation consistently commits disproportionate and

indiscriminate attacks, shelling of civilian critical infrastructure, protected facilities,

such as hospitals, schools, which mostly affects the civilian population and causes the

death and maiming of the population, including children. In the Report of the Moscow

Mechanism of the OSCE, which covered possible war crimes, crimes against humanity

and violations of human rights for the period from 24 February to 1 April 2022, experts

concluded that there were clear patterns of violations of IHL by Russian forces during

hostilities regarding the principles of distinction, proportionality and due diligence in

the course of attacks, in particular, on objects under special protection, which led to

an increase in the number of dead or wounded civilians

. This was also stated in the

report published on 16 March 2023 by the UN Independent International Commission

of Inquiry on Ukraine

According to the Office of the Prosecutor General, as of 25 April 2023, as a result of the

full-scale invasion of the Russian Federation, 470 children were killed, 949 receive in-

juries of varying severity. Children were most affected in Donetsk (452), Kharkiv (275),

Kyiv (127), Kherson (94), Zaporizhzhia (89), Mykolayiv (86), Chernihiv (68), Luhansk (66)

and Dnipropetrovsk (66) oblasts. The specified data cannot be considered final, as

work is ongoing to establish the facts of the commission of crimes in places of active

hostilities, in the temporarily occupied and de-occupied territories of Ukraine. How-

ever, in almost 14 months since the beginning of the large-scale armed aggression

against Ukraine, four times more children have died than in the previous nine years

since the beginning of the armed aggression of the Russian Federation in 2014, the

occupation of the Crimean Peninsula and part of the territories of the Donetsk and

Luhansk oblasts

Convention relative to the Protection of Civilian Persons in Time of Wa. Access mode: https://zakon.rada.gov.ua/laws/

show/995_154#Text

Customary International Humanitarian Law. Rules (translated by Anton Liovin, Olha Poyedynok, Lydiia Syvko). Access

mode: https://www.icrc.org/en/doc/assets/files/other/ukr-irrc_857_henckaerts.pdf

Report on violations of international humanitarian law and human rights, war crimes and crimes against humanity

committed in Ukraine since 24 February 2022, Moscow Human Dimension Mechanism of the Organization for

Security and Cooperation in Europe (OSCE). Access mode: https://www.osce.org/files/f/documents/f/a/515868.

pdf?fbclid=IwAR2Jw3UO7kP5-kRUs62x5a_PgT5pMRtygl_Emb2uHPDVvzqICQJEGz4ZF3g

Report of the Independent International Commission of Inquiry on Ukraine to the Human Rights Council (A/

HRC/52/62). Access mode: https://www.ohchr.org/en/hr-bodies/hrc/iicihr-ukraine/index

Analytical review of “Six+” serious violations against children: challenges and consequences of 9 months of the

Russian-Ukrainian war in 2022 / V. Potapova, - Kyiv: Almenda Public Education Center 2022. - 74 p. Access mode:

https://almenda.org/wp-content/uploads/2022/12/6-plus-seryoznykh-porushen-proty-ditey-9-misyatsiv_Almenda.pdf

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Gross violations of children’s rights as a result of armed aggression against

Ukraine: general overview

The number of affected children in different regions of the country

127

275

470

452

children were killed

949

receive injuries of varying

severity

as of April 25, 2023

As of December 2022, the bodies of 1,116 civilians, of which 31 were children, were dis-

covered in the de-occupied territories of Mykolayiv, Donetsk, Kherson and Kharkiv

oblasts. In the occupied territories, cases of arbitrary execution of civilians, including

a 14-year-old child, have been established

10 torture chambers were also discovered in the de-occupied territories of Kherson

oblast, 4 in Kherson itself. In addition, in one of the torture chambers there was a sep-

arate cell where children were kept. According to the testimony of people who were

there, they knew that there were minors next to them in the so-called “children’s cell”.

The children were given water every other day, in fact they were not given food. They

used psychological pressure, told that their parents had abandoned them, that they

would not return

Thus, during the Commissioner’s visits to the torture chambers found in the liberated

territories of the Kherson oblast, testimony was received that children were also in

the torture chambers. The Secretariat of the Ukrainian Parliament Commissioner for

Human Rights received the testimony of a 14-year-old boy who spent 10 days in such

a torture chamber in the building of the Kherson Court of Appeal.

On 29 December 2022, more than 1,100 dead bodies were discovered in the de-occupied territories of four regions.

Access mode: https://www.ukrinform.ua/rubric-ato/3643176-na-deokupovanih-teritoriah-cotiroh-oblastej-viavili-vze-

ponad-11-tisaci-til-zagiblih.html

Report of the Independent International Commission of Inquiry on Ukraine to the Human Rights Council (A/

HRC/52/62). Access mode: https://www.ohchr.org/en/hr-bodies/hrc/iicihr-ukraine/index

Press briefing of the Ukrainian Parliament Commissioner on Human Rights; Hanna Khrystova, head of the Council

of Europe project “Internal displacement in Ukraine: development of lasting solutions. Phase II”, 14 December 2022.

Access mode: https://www.youtube.com/watch?v=SBvpg7Mt9V8

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

Source: Media Initiative for Human Rights

The boy, together with his uncle, wanted to see and photograph the broken equip-

ment of the occupiers, but four Russian soldiers approached them and, seeing that

they were taking photos, accused them of surrendering Russian positions to the

Ukrainian military. The boy and his uncle were tied up and thrown into a car and

taken to Kherson. According to the boy, he did not eat anything for four days. Food

was brought, but not to him. On the fifth day, he received two spoons of buckwheat

and two spoons of pasta. After that, he was fed once a day. The boy also talked about

the fact that he was threatened with criminal liability for the photos taken. The child

heard sounds and saw the consequences of torture.

According to the Ministry of Health of Ukraine, as of 2 January 2023, out of the total

number of injured children, 843 received mine-explosive and gunshot injuries. Among

the affected children, 28 cases of amputations at various levels of the upper and lower

limbs were recorded, which is 3% of the total number of affected children. 4 children

with amputation died, 17 children need prosthetics of upper and lower limbs.

In many cities, children cannot receive proper medical care at their place of residence

because of constant shelling by the Russian Federation and systematic destruction of

critical infrastructure (more on this later). Therefore, parents with children are forced

to move or leave Ukraine in search of proper medical treatment, prosthetics and re-

habilitation

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Gross violations of children’s rights as a result of armed aggression against

Ukraine: general overview

1.2.

Recruiting children into the enemy’s armed forces

and using them in hostilities

International law strictly prohibits the recruitment or use of children under the age of

15 as soldiers or allowing them to participate in hostilities. This rule has a customary

character

. The conscription and mobilization of children under the age of 15, or their

use in hostilities, is a war crime under Article 8 (2) (b) (xxvi) of the Rome Statute of

the ICC

. Both Ukraine and the Russian Federation, having ratified the Optional Pro-

tocol to the Convention on the Rights of the Child on the Involvement of Children in

Armed Conflict, undertook to take all possible measures to ensure that persons under

the age of 18 do not direct participation in the armed conflict

According to the data of Ukrainian law enforcement agencies, the Russian Federation

involves minors in the armed conflict in the role of spies and correctors of shelling

as well as in the campaign of forced mobilization of Ukrainian citizens in the tem-

porarily occupied territories

. A number of tools are used to recruit children: from

video games to the militarization of education, recreation in military-patriotic camps,

membership in the Young Army Movement and other military-patriotic movements.

Customary International Humanitarian Law. Rules (translated by Anton Liovin, Olha Poyedynok, Lydiia Syvko,

scientific editor - Mykola Hnatovskyi). Access mode: https://www.icrc.org/en/doc/assets/files/other/ukr-irrc_857_

henckaerts.pdf

The Rome Statute of the International Criminal Court. Access mode: https://zakon.rada.gov.ua/laws/

show/995_588#Text

Optional Protocol to the Convention on the Rights of the Child on the Participation of Children in Armed Conflicts.

Access mode: https://zakon.rada.gov.ua/laws/show/995_795#Text

Russian occupiers use minor Ukrainian children to scout our military positions (video), April 11, 2022. Access mode:

https://ssu.gov.ua/novyny/rosiiski-okupanty-vykorystovuiut-nepovnolitnikh-ukrainskykh-ditei-dlia-rozvidky-nashykh-

viiskovykh-pozytsii-video

Forced mobilization by the Russian Federation of citizens of Ukraine in the occupied territory of Ukraine: facts and

legal qualification. Analytical report of the Coalition Ukraine. It’s five in the morning. Access mode: https://zmina.ua/

wp-content/uploads/sites/2/2023/01/mobilization_ukr.pdf

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

In addition, according to Deputy Prosecutor General Viktoriia Lytvynova, the facts of

inciting children to participate in the armed conflict have been recorded, namely:

setting up roadblocks, using them as spies, recruiting by the Russian military

. In

particular, according to the Unified Register of Pre-Trial Investigations, since the be-

ginning of the full-scale invasion of the Russian Federation on the territory of Ukraine,

5 criminal proceedings, in which the facts of the use of minors in the armed conflict

are investigated by involving them in the collection of information on the movement

or placement of the Armed Forces of Ukraine, ensuring the livelihood of military per-

sonnel of the aggressor country and arrangement of facilities for military purposes,

forced issuance of Russian passports to minors illegally displaced from the Kherson

oblast to the Autonomous Republic of Crimea, and their involvement in military exer-

cises, have been registered.

1.3.

Rape and other forms of sexual violence

Article 3, common to the four Geneva Conventions, requires humane treatment of all

civilians, including children, prohibiting rape and sexual violence

. Article 77 of Addi-

tional Protocol I to the Geneva Conventions provides for that Children shall be the ob-

ject of special respect and shall be protected against any form of indecent assault

This norm has a customary character

. Rape, sexual violence and exploitation of chil-

dren are prohibited by a number of international and regional treaties

. Moreover,

the International Criminal Tribunal for the former Yugoslavia adapted the approach,

according to which rape is also recognized as torture and categorically prohibited

Sexual and gender-based violence can be classified as a war crime (Article 8 (2) (b)

(xxii), a crime against humanity (Article 7(1)(g) and genocide (Article 6 (b), for which

the perpetrators must bear individual criminal responsibility under international law

The UN Independent International Commission of Inquiry on Ukraine has established

that sexual violence, tantamount to torture, and threats of such violence were essen-

Deputy Prosecutor General: Occupiers recruit Ukrainian children, use them as spies, 5 March 2023. Access mode:

https://interfax.com.ua/news/general/895610.html

Convention on the Protection of the Civilian Population in Time of War. Access mode: https://zakon.rada.gov.ua/laws/

show/995_154#Text

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims

of International Armed Conflicts (Protocol I), dated 8 June 1977. Access mode: https://zakon.rada.gov.ua/laws/

show/995_199#Tex

Customary International Humanitarian Law. Rules (translated by Anton Liovin, Olha Poyedynok, Lydiia Syvko,

scientific editor - Mykola Hnatovskyi). Access mode: https://www.icrc.org/en/doc/assets/files/other/ukr-irrc_857_

henckaerts.pdf

Six Grave Violations Against Children During Armed Conflict, October 2009. Access mode: https://

childrenandarmedconflict.un.org/publications/SixgraveviolationsBooklet.pdf

UN: Crimes of Sexual Violence. Access mode: https://www.icty.org/en/features/crimes-sexual-violence

The Rome Statute of the International Criminal Court. Access mode: https://zakon.rada.gov.ua/laws/

show/995_588#Text

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Gross violations of children’s rights as a result of armed aggression against

Ukraine: general overview

tial aspects of the torture used by the Russian authorities

. Experts also emphasized

that family members, including children, were sometimes forced to witness these

crimes, which amounts to torture

According to the information of the Office of the Prosecutor General

as of 11 May 2023, facts of sexual violence against 12 girls and 1 boy aged

6 to 17 years were recorded, in particular: attempted rape of a 10-year-

old boy in the Kherson oblast, rape of seven girls aged 15 to 17 years,

one girl aged 6 years, in the territory of Kyiv, Mykolayiv and Kherson

oblasts, attempted rape of three girls aged 15 to 17 years in the territory

of Donetsk and Chernihiv oblasts. In addition, two girls aged 10 and 16

witnessed sexual violence in Kyiv and Kherson oblasts.

1.4.

Child abduction

International humanitarian law and international human rights law prohibit the child

abduction and arbitrary deprivation of liberty of children. According to Article 3 com-

mon to the four Geneva Conventions, taking hostages is violation of the laws and

customs of war. Article 49 of the Geneva Convention relative to the Protection of the

Civilian Persons in Time of War prohibits the illegal mass forcible transfers, as well as

deportations of civil population, in particular, children from the occupied territory

Such acts constitute a war crime and a crime against humanity under Articles 7(1)

(d), 8(2)(a)(vii), 8(2)(b)(viii) of the Rome Statute

. Acts that may accompany child

abduction during armed conflict exacerbate the violation, including sexual and gen-

der-based violence, recruitment and forced mobilization.

Minors may be detained only in accordance with urgent military necessity. If a child is

detained, he should always be treated humanely, preventing torture or abusive treat-

ment

. According to Article 49 of the Geneva Convention relative to the Protection

of Civilian Persons in Time of War, the temporary transfer of children is allowed ex-

clusively to guarantee their safety or in connection with particularly compelling rea-

sons of a military nature. In addition, Article 77 of Protocol Additional I to the Geneva

Conventions prohibits the evacuation of children to the territory of a foreign country,

except in cases of temporary evacuation necessary for urgent reasons related to the

health or treatment of children or their safety. In case of such an evacuation, written

War crimes, indiscriminate attacks on infrastructure, systematic and widespread torture show disregard for

civilians, says UN Commission of Inquiry on Ukraine, 16 March 2023. Access mode: https://www.ohchr.org/en/press-

releases/2023/03/war-crimes-indiscriminate-attacks-infrastructure-systematic-and-widespread

Convention relative to the Protection of Civilian Persons in Time of War. Access mode: https://zakon.rada.gov.ua/

laws/show/995_154#Text

Convention relative to the Protection of Civilian Persons in Time of War. Access mode: https://zakon.rada.gov.ua/

laws/show/995_588#Text

Rome Statute of the International Criminal Court. Access mode: https://zakon.rada.gov.ua/laws/show/995_588#Text

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims

of International Armed Conflicts (Protocol I), dated 8 June 1977. Access mode: https://zakon.rada.gov.ua/laws/

show/995_199#Text

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

consent of the minor’s legal representative shall be required in agreement with the

state the citizens of which are being evacuated. In order to facilitate the reunification

of families with evacuated children, the receiving party shall send a detailed infor-

mation card for each minor to the ICRD Central Tracing Agency

. Considering the

possible abuse of the evacuation provision by the parties to the armed conflict, the

experts of the Moscow Mechanism emphasized: “...The main approach of internation-

al humanitarian law is not to evacuate the civilian population to allow the military to

conduct operations unhindered, but to oblige the military conduct hostilities taking

into account the presence of the civilian population.”

According to the data of The Children of War state portal, as of 25 April

2023, 19,393 deported children were identified, and 361 children were

successfully returned to Ukraine

. According to data published by

the Russian Federation, up to 744 thousand Ukrainian children were

displaced to the territory of the Russian Federation

. The majority

of them were transferred with one of their legal representatives, but

some of the children are orphans, children deprived of parental care or

children unaccompanied for other reasons created by Russia (murders

of parents, divorce from parents, rest in camps, dispensation, etc.)

The presence of children was recorded in 57 regions of the Russian

Federation

, in 16 regions — at least 380 children were victims of forced

placing in Russian families

36 37

. Cases of abduction of children by the

Russian military in the temporarily occupied territories for the purpose

of intimidation, pressure on relatives, and intelligence gathering have

also been recorded.

Ibid

OSCE: REPORT ON VIOLATIONS OF INTERNATIONAL HUMANITARIAN AND HUMAN RIGHTS LAW, WAR CRIMES

AND CRIMES AGAINST HUMANITY COMMITTED IN UKRAINE SINCE 24 FEBRUARY 2022 by Professors Wolfgang

Benedek, Veronika Bílková and Marco Sassòli. Access mode: https://www.osce.org/files/f/documents/f/a/515868.

pdf?fbclid=IwAR2Jw3UO7kP5-kRUs62x5a_PgT5pMRtygl_Emb2uHPDVvzqICQJEGz4ZF3g

The Children of the War. Access mode: https://childrenofwar.gov.ua/

Ibid

Dispensation is a set of measures that includes a preventive medical examination and additional examination

methods, which are carried out in order to assess the state of health of certain groups of the population in

accordance with the legislation of the Russian Federation. Based on the results of the examination, a decision may

be made on the need for hospitalization and inpatient treatment.

(Federal Law of 21.11.2011 N 323-FZ (ed. of 28.04.2023) On the Basics of Citizen Protection in the Russian Federation,

Access Mode: http://www.consultant.ru/document/cons_doc_LAW_121895/03764148a1ec0889d20135a4580f8aa76bbf36

4b/)

Kidnapped orphans. Where and why does russia take Ukrainian children, 4 May 2022. Access mode: https://spravdi.

gov.ua/dopomoga-vykradenym-syrotam-yak-rosiya-vsynovlyuye-ditej-z-ukrayiny/

Forcible transfer of minors is the removal of children from their parents or other legal representatives and their

transfer to persons who do not belong to the group in which the children were raised before the transfer, regardless

of the legal formalization of this process as guardianship, adoption, patronage, etc.

Twitter: Ministry of Foreign Affairs of Russia @MID_RF. Access mode: https://twitter.com/i/broadcasts/1vAGRAVPkNvKl

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Gross violations of children’s rights as a result of armed aggression against

Ukraine: general overview

1.5.

Attacks on schools and hospitals

Schools and hospitals are civilian objects that care about the needs of children and

can provide shelter. Deliberate attacks on educational or medical facilities are a se-

rious violation of the Geneva Conventions and a war crime under Article 8(2)(b)(ix)

of the Rome Statute

. In case of doubt in the context of the distinction, it is always

assumed that schools and hospitals remain civilian objects protected from attack

According to the information of the Ministry of Education and Science

of Ukraine at the request of the Commissioner, since the beginning

of the armed aggression of the Russian Federation, 127 preschool ed-

ucation institutions were destroyed and 940 were damaged; 211 insti-

tutions of general secondary education were destroyed and 1,327 were

damaged.

According to Articles 24 and 28 of the Convention on the Rights of the Child, minors

have the right to education and the highest attainable level of physical and mental

health. In the event of an armed conflict, states are obliged to make their best efforts

to ensure the aforementioned rights

During the war, 3,198 educational institutions were damaged by bombing and shelling,

286 of them were completely destroyed

. According to the information of the Min-

istry of Education and Science of Ukraine at the request of the Commissioner, since

the beginning of the armed aggression of the Russian Federation, 127 preschool edu-

cation institutions were destroyed and 940 were damaged; 211 institutions of general

secondary education were destroyed and 1,327 were damaged. Most of such institu-

tions are located in Donetsk, Kharkiv, Mykolayiv, Kyiv and Luhansk oblasts. 22 buildings

of institutions for orphans and children deprived of parental care (centers for social

and psychological rehabilitation of children, centers for social support of children and

families, orphanages, boarding houses, children’s homes, etc.) were also damaged

and destroyed, including 6 of them in the Donetsk oblast

Rome Statute of the International Criminal Court. Access mode: https://zakon.rada.gov.ua/laws/show/995_588#Text

Customary International Humanitarian Law. Rules. Access mode: https://www.icrc.org/en/doc/assets/files/other/ukr-

irrc_857_henckaerts.pdf

UN Convention on the Right of the Child. Access mode: https://zakon.rada.gov.ua/laws/show/995_021#Text

Ministry of Education and Science: Education at Risk. Access mode: https://saveschools.in.ua/

Ibid.

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

According to the information provided at the Commissioner’s request,

as of 21 March 2023, the prosecutor’s office is conducting a pre-tri-

al investigation in 1,642 criminal proceedings on the facts of damage

(2,688) and destruction (438) of educational institutions as a result of

massive bombings and shelling. Thus, according to the specified cat-

egory of proceedings, a pre-trial investigation is ongoing in Vinnytsia

(1), Dnipropetrovsk (104), Donetsk (520), Zhytomyr (29), Zaporizhzhia

(148), Kyiv (79), Kirovohrad (1), Luhansk (86), Mykolayiv (70), Odesa (4),

Poltava (2), Sumy (68), Kharkiv (224), Kherson (246), Chernihiv (32) and

Kyiv (28) oblasts.

Considering the threat of shelling of educational institutions, the educational pro-

cess at institutions is interrupted because of the need to go to shelters during the

announcement of an air raid alert. The alternative way of conducting the educational

process remotely also has its challenges: the lack of access to technology, internet

and electricity for some children because of attacks on the energy infrastructure, or

internal displacement and the inability to equip a space for learning in a new place

of residence means that many pupils do not have access to education. In connection

with the targeted attack of the Russian Federation on energy infrastructure facilities

during October 2022 — January 2023, Ukraine could not fully guarantee the right to

education for almost 4 million children

In addition, 1,218 medical facilities were damaged, and 173 of them were completely

destroyed. Most of the destroyed and damaged institutions are located in Kharkiv,

Donetsk, Mykolayiv and Kyiv oblasts

During the year of the war in

Ukraine, 1,206 objects of medical

infrastructure were affected (of

which 1,035 objects were damaged

and another 171 objects were de-

stroyed without the possibility of

further restoration)

171

1206

1035

Almost 4 million children get education in public and communal secondary education institutions, 13 October

2022. Access mode: https://mon.gov.ua/ua/news/majzhe-4-mln-ditej-zdobuvayut-osvitu-u-zzso-derzhavnoyi-ta-

komunalnoyi-form-vlasnosti

Viktor Liashko, Minister of Health of Ukraine: The health care system confidently holds the medical front, 12 February

2023. Access mode: https://www.ukrinform.ua/rubric-society/3668211-viktor-lasko-ministr-ohoroni-zdorova-ukraini.

html?fbclid=IwAR10O

During the 11 months of the war, the Russians destroyed 171 medical facilities and damaged another 1,035, 25 January

2023. Access mode: https://moz.gov.ua/article/news/za-11-misjaciv-vijni-rosijani-zrujnuvali-171-ob%ca%bcekt-

medzakladiv-ta-sche-1035--poshkodilii

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Gross violations of children’s rights as a result of armed aggression against

Ukraine: general overview

Almost 70% of all attacks on healthcare facilities in the world in 2022 — fell on Ukraine

In 10 oblasts, 48 hospitals were shelled multiple times, underscoring not only the in-

discriminate nature of the attacks, but also the possibility that the strikes were delib-

erate. For example, Severodonetsk town multifield hospital in Luhansk oblast suffered

at least 10 attacks from March to May 2022. One of the hospitals in the Kharkiv oblast

was hit five times, another — four times

. According to the WHO, almost half of the

medical facilities in the east and south of Ukraine in the Donetsk, Zaporizhzhia, Myko-

layiv and Kharkiv oblasts are partially or completely non-functional

Thus, on 9 March 2022, the Russian side launched an attack on a maternity hospital

and a children’s hospital in Mariupol. As a result of the attack, the institution suffered

significant destruction, and 17 people were injured — women in labor and medical

workers. Three people died, including a child

. Considering the obvious signs that the

medical facility was operational and performing its main function, as well as the pub-

lic statements of the representatives of the Russian Federation regarding the attack,

the shelling of the maternity hospital and the children’s hospital in Mariupol is a war

crime

Together with the general difficult situation in the field of health care caused by the

full-scale invasion, this had an impact on the vaccination processes of the population,

in particular children. According to the results of 2022, the level of vaccination cover-

age in Ukraine remains lower than recommended by the World Health Organization

In addition, because of displacement, stress, illness, not only the schedule of vaccina-

tions is disrupted, but also medical documents confirming vaccinations are lost, often

there is no information about the need for vaccinations, which is caused by the loss

of communication with family doctors.

1.6.

Denial of access to humanitarian aid

As the occupying power, Russia is obliged to provide children under its effective con-

trol with the opportunity to attend educational institutions, to ensure the normal

functioning of medical facilities and to maintain public order with the help of local

UKRAINE HUMANITARIAN RESPONSE — KEY ACHIEVEMENTS IN 2022. Situation Report. Last updated: 10 Feb 2023.

Access mode: https://reports.unocha.org/en/country/ukraine/

Destruction and Devastation: One Year of Russia’s Assault on Ukraine’s Health Care System, 21 лютого 2023 року.

Access mode: https://reliefweb.int/report/ukraine/destruction-and-devastation-one-year-russias-assault-ukraines-

health-care-system

UKRAINE HUMANITARIAN RESPONSE — KEY ACHIEVEMENTS IN 2022. Situation Report. Last updated: 10 Feb 2023.

Access mode: https://reports.unocha.org/en/country/ukraine/

Airstrike on the maternity and children’s hospital in Mariupol on March 9: a chronicle of a war crime, 9 March 2022.

Access mode: https://suspilne.media/407550-aviaudar-po-pologovomu-ta-ditacij-likarni-u-mariupoli-hronika-

voennogo-zlocinu-9-berezna/

OSCE: REPORT ON VIOLATIONS OF INTERNATIONAL HUMANITARIAN AND HUMAN RIGHTS LAW, WAR CRIMES

AND CRIMES AGAINST HUMANITY COMMITTED IN UKRAINE SINCE 24 FEBRUARY 2022 by Professors Wolfgang

Benedek, Veronika Bílková and Marco Sassòli Access mode: https://www.osce.org/files/f/documents/f/a/515868.

pdf?fbclid=IwAR2Jw3UO7kP5-kRUs62x5a_PgT5pMRtygl_Emb2uHPDVvzqICQJEGz4ZF3g

The Minister of Health heard a report on the coverage of preventive vaccinations for 2022 on 9 March 2023. Access

mode: https://moz.gov.ua/article/news/ministr-ohoroni-zdorov%ca%bcja-zasluhav-dopovid-schodo-ohoplennja-

profilaktichnimi-scheplennjami-za-2022-rik

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

police forces. Russia should promote the proper functioning of institutions responsi-

ble for the care of children in the occupied territory. It is obliged to ensure the supply

of food products and medicines to the population in the occupied territories, and,

if necessary, to allow third parties to provide humanitarian aid. However, Russia sys-

tematically refuses to grant access for international organizations to the temporarily

occupied territories of Ukraine

Starting from 24 February 2022, the Russian military has consistently hindered the ac-

tivities of humanitarian corridors: they shoot objects with the inscription “Children”,

they do not agree with or violate the regime of evacuation of the civilian population

they do not provide access to the occupied territories for humanitarian aid (food,

water and medicines)

Children in the occupied territories also have limited access to medicines, and often

to food and drinking water, caused by the refusal of the Russian Federation to allow

humanitarian convoys into these territories

. A case of death of a child from dehydra-

tion was recorded in Mariupol

Among the documented crimes of the military forces of the Russian Federation

against children, not the only facts of the death and injury of children during evac-

uation attempts, in particular from Kyiv, Kharkiv oblasts, etc., were revealed. Russian

soldiers opened fire on cars marked with the words “children” and moving with white

flags during the evacuation

In the conditions of the need for evacuation, the Russian Federation did not provide

an opportunity to safely leave the occupied territories to the territory under the con-

trol of the Government of Ukraine. According to the information of the Coordination

Center under the management of the head of the Donetsk regional military-civilian

administration, Pavlo Kyrylenko, the evacuation of civilian persons of Mariupol was to

take place on 5 March 2022. However, because of the fact that the Russian side did not

observe the regime of silence and continued shelling both Mariupol itself and its sur-

Millions of Ukrainians Beyond Reach, as Russia Blocks UN Aid Access in Areas It Controls, 20 жовт�½я 2022 року.

Access mode: https://www.voanews.com/a/millions-of-ukrainians-beyond-reach-as-russia-blocks-un-aid-access-in-

areas-it-controls/6798436.html

On 11 May 2022, 33 civilians, five of them children, were killed by Russian shelling of evacuation convoys. Access

mode: https://www.ukrinform.ua/rubric-ato/3480847-vid-obstriliv-rosianami-evakuacijnih-kolon-zaginuli-33-civilnih-

z-nih-patero-diti.html

Iryna Vereshchuk, Deputy Prime Minister — Minister for Reintegration of Temporarily Occupied Territories. Results

of work of humanitarian corridors on 14 March 2022. Access mode: https://www.facebook.com/vereshchuk.iryna/

videos/1140574810091775/

Occupying Russian forces prevent vital medical supplies from entering Kherson city, causing preventable deaths -

Head of the Regional State Administration adviser, 22 June 2022. Access mode: https://global.espreso.tv/occupying-

russian-forces-prevent-vital-medical-supplies-from-entering-kherson-city-causing-preventable-deaths-head-of-the-

regional-state-administration-adviser

Break out of the blockaded Mariupol. Who was given the green corridor? 14 March 2022. Access mode: https://www.

radiosvoboda.org/a/novyny-pryazovya-blokada-mariupolya-zelenyy-korydor/31752776.html

The death of a child from dehydration in Mariupol surrounded by the armed forces of the Russian Federation —

an investigation has been launched, 9 March 2022. Access mode: https://gp.gov.ua/ua/posts/zagibel-ditini-vid-

znevodnennya-v-otocenomu-zbroinimi-silami-rf-mariupoli-rozpocato-rozsliduvannya

Report by the Office of the United Nations High Commissioner for Human Rights: Killings of civilians: summary

executions and attacks on individual civilians in Kyiv, Chernihiv, and Sumy regions in the context of the Russian

Federation’s armed attack against Ukraine, 22 December 2022. Access mode: https://www.ohchr.org/sites/default/

files/2022-12/2022-12-07-OHCHR-Thematic-Report-Killings-UKR.pdf

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Gross violations of children’s rights as a result of armed aggression against

Ukraine: general overview

roundings, the evacuation of the population for the sake of safety did not take place

The Russian Federation systematically refused to organize evacuation corridors from

the Kherson and Zaporizhzhia oblasts

. At the only crossing point from the occupied

territories to the territory under the control of the Government of Ukraine in the

town of Vasylivka, Zaporizhzhia oblast, the Russian side artificially created queues

in which people wishing to evacuate were forced to stand for several days, including

under fire. Because of waiting conditions, four people died in the queue

. In addition,

on 31 August 2022, the Russian occupiers fired mortars at an evacuation column in

Vasylivka, Zaporizhzhia oblast. Thus, the Russian military allowed people along the

route without checking, hiding in a safe place at that time

. This checkpoint has been

blocked since January 2023

The impossibility of evacuating from the occupied territories is also caused by con-

stant shelling of civilian vehicles and humanitarian corridors. The UN Independent

International Commission of Inquiry on Ukraine established the recurrence of cases

of shelling of civilians when they tried to leave, as a result of which children died

Mariupol City Council. Access mode: https://t.me/mariupolrada/8730

Russia continues to block the evacuation of residents of Kherson and Zaporizhzhia oblasts — Vereshchuk, 10

June 2022. Access mode: https://suspilne.media/248687-rosia-prodovzue-blokuvati-evakuaciu-ziteliv-hersonskoi-i-

zaporizkoi-oblastej-veresuk/

On 29 May 2022, a queue of 400 cars heading to Zaporizhzhia formed at the Russian checkpoint in Vasylivka.

Access mode: https://www.unian.ua/war/u-vasilivci-utvorilasya-cherga-na-rosiyskomu-blokposti-z-400-avto-yaki-

pryamuyut-v-zaporizhzhya-novini-vtorgnennya-rosiji-v-ukrajinu-11846544.html

Queue for evacuation: four people died at the checkpoint in Vasylivka, 23 July 2023. Access mode: https://www.

ukrinform.ua/rubric-ato/3535431-cerga-na-evakuaciu-na-blokpostu-u-vasilivci-pomerlo-cotiri-ludini.html

Ivan Fedorov, Mayor of Melitopol, 1 September 2022. Access mode: https://t.me/ivan_fedorov_melitopol/506

In Zaporizhzhia, citizens of Ukraine are not released from temporarily occupied areas, 20 January 2023. Access mode:

https://suspilne.media/363272-rosijski-vijskovi-ne-propuskaut-ziteliv-zaporizkoi-oblasti-na-pidkontrolnu-ukraini-

teritoriu/

Report of the Independent International Commission of Inquiry on Ukraine to the Human Rights Council (A/

HRC/52/62). Access mode: https://www.ohchr.org/en/hr-bodies/hrc/iicihr-ukraine/index

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

In particular, in the Kyiv oblast, the Russian military fired at a car with a family trying

to leave the area of hostilities. The mother and father, as well as the 18-year-old son of

the couple, died. The occupiers took a 5-year-old girl with a bullet wound to the head

to Belarus

During March 5-6, 2022, the Russian military shot 10 civilian cars in the Kyiv oblast.

Local residents together with small children tried to escape from Irpen, but instead

became a target of the Russian military. As a result of the shootings, 9 people died, 12

more were injured

On 8 April 2022, the armed forces of the Russian Federation carried out missile strikes

on the Kramatorsk railway station. At that time, the station was carrying out a pre-an-

nounced evacuation of the civilian population — Kramatorsk railway station was the

largest evacuation point for residents of the Donetsk, Luhansk oblasts and some dis-

tricts of the Kharkiv oblast. As a result of shelling of the railway station, where at that

time there were almost 4,000 civilians, most of whom were women and children

, 61

people died and 121 were injured

. 9 children died

The child was operated on: the story of the rescue of a girl whose parents and brother were killed by the occupiers,

17 March 2022. Access mode: https://24tv.ua/ditinu-prooperuvali-istoriya-poryatunku-divchinki-chiyih-batkiv_

n1909851

People lay on the road and slowly died: the National Police informed the occupiers of suspicions of shooting civilians

in the Kyiv oblast, 6 March 2023. Access mode: https://pl.npu.gov.ua/news/liudy-lezhaly-na-dorozi-ta-povilno-

pomyraly-natspolitsiia-povidomyla-okupantam-pidozry-u-rozstrili-tsyvilnykh-na-kyivshchyni

Rocket attacks on the railway station in Kramatorsk with dozens of injured and dead people - investigation started,

8 April 2022. Access mode: https://www.gp.gov.ua/ua/posts/raketni-udari-po-zaliznicnomu-vokzalu-u-kramatorsku-z-

desyatkami-poranenix-ta-zagiblix-lyudei-rozpocato-rozsliduvannya

“We collected the bodies, and the worst thing happened: everyone’s phones started ringing.” Memories of the

shelling of Kramatorsk railway station, 8 April 2022. Access mode: https://suspilne.media/438858-mi-zibrali-tila-i-

pocalos-najstrasnise-u-vsih-pocali-dzvoniti-telefoni-spogadi-pro-obstril-kramatorskogo-vokzala/

“There was a smell of metal and blood.” The memory of the dead was commemorated in Kramatorsk on 8 April 2023.

Access mode: https://suspilne.media/439596-buv-zapah-metalu-ta-krovi-v-kramatorsku-vsanuvali-pamat-zagiblih/

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

§ 2 Peculiarities of the situation

of children in the temporarily

occupied territories of Ukraine

and children transferred to the

Russian Federation

It is worth considering in detail the peculiarities of the situation of children in the

temporarily occupied territories of Ukraine, considering the Russian state policy and

its implementation through the activities of the occupation administrations regard-

ing this category of the population.

According to Article 42 of the Hague Convention (II) with respect to the Laws and Cus-

toms of War on Land and its annex: Regulations concerning the Laws and Customs of

War on Land dated 29 July 1899, territory is considered occupied when it is “actually

placed under the authority of the hostile army”

, namely : a) the armed forces of a

foreign state are physically present without the consent of the sovereign government

at the site during the invasion; b) a sovereign state cannot exercise its power because

of the presence of foreign forces; and c) the occupying forces establish their own au-

thority over the territory. Since the beginning of the occupation of the territory, the

relevant norms of international humanitarian law, in particular, the Geneva Conven-

tion relative to the Protection of Civilian Persons in Time of War of 12 August 1949 and

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the

Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

One should agree with the experts of the Moscow Mechanism, who, in the Report

dated 4 May 2023, note that in order to protect the best interests of the child and

to counter the forced transfer and illegal deportation of minors in connection with

the seizure of the territories of Ukraine by the Russian Federation, the concept of

functional occupation, according to which certain rules of military occupation grad-

ually begin to apply as soon as Russia gains control over the matters governed by

them, should be applied. Thus, the ban on forcible transfer and illegal deportation of

Ukrainian children, provided for in Article 49 of the Geneva Convention (IV), comes

into effect as soon as minors are under the actual control of Russian agents, even if it

lasts only a few hours

Convention (II) with Respect to the Laws and Customs of War on Land and its annex: Regulations concerning the

Laws and Customs of War on Land, The Hague, 29 July 1899, Article 42. Access mode: https://ihl-databases.icrc.org/

en/ihl-treaties/hague-conv-ii-1899

Moscow Mechanism, OSCE (2023). Report on Violations and Abuses of International Humanitarian and Human Rights

Law, War Crimes and Crimes against Humanity, related to the Forcible Transfer and/or Deportation of Ukrainian

Children to the Russian Federation. pp. 24–25. Access mode: https://www.osce.org/files/f/documents/7/7/542751.pdf?f

bclid=IwAR2dYYe7OGEr7OE7A0JHjffIDu8NT1D4_2AwhXA8JgwC8qVZdqoRWXfUyR8

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

With the start of the full-scale invasion on 24 February 2022, in addition to the terri-

tories of Ukraine occupied since 2014 (the territories of the Republic of Crimea and

the city of Sevastopol, certain areas of the Donetsk and Luhansk oblasts), certain ter-

ritories of Donetsk, Zaporizhzhia, Kyiv, Luhansk, Mykolaiv, Sumy, Chernihiv, Kharkiv,

Kherson oblasts, which are located on the border with the Russian Federation or the

Republic of Belarus and which until February 24 were under the control of the Govern-

ment of Ukraine were placed under Russian control. The Russian offensive in February

2022 happened quickly. For example, on February 26, local authorities in Melitopol

(Zaporizhzhia oblast) lost control over administrative buildings

, on 2 March 2022,

Mariupol (Donetsk oblast) was under siege already

, and in early March, the Russian

Federation captured Kherson (the regional center of the Kherson oblast).

In connection with the rapid pace of the occupation, the blocking of settlements and

the failure of the Russian side to provide humanitarian corridors, it was almost impos-

sible to evacuate the civilian population and organize the evacuation of all boarding

facilities and institutions. At the same time, it is difficult to deny the fact that with

information about a possible armed attack by the Russian Federation, no relocation

plan was drafted and no preliminary evacuation of institutions where children were

located in the border territories of Ukraine was carried out.

After the occupation, the possibility of

leaving these territories was limited be-

cause of the urgent need to evacuate

the civilian population from territories

that were under constant shelling with

limited access to the basic needs of the

civilian population. For instance, the city

of Mariupol in the Donetsk oblast was

blocked by the Russian military from 3

March 2022, and the civilian infrastruc-

ture of the city was purposefully destroyed; at the beginning of March, there was no

electricity, gas and water in the city districts because of Russian shelling. Up to 90%

of residential buildings in Mariupol were destroyed or damaged

, which indicates the

deliberate use of indiscriminate shelling.

In the conditions of the impossibility of safely evacuating to the territory under the

control of the Government of Ukraine, the only other options are to remain in the

occupied territory or try to leave through the territory of the Russian Federation.

Departure through the Russian Federation, however, required passing the so-called

“filtering procedure”. 21 “filtration points” were organized in Donetsk region alone

In Melitopol, administrative buildings were seized by the Russian military - the mayor, 26 February 2022. Access

mode: https://www.ukrinform.ua/rubric-ato/3413842-u-melitopoli-administrativni-budivli-zahopili-rosijski-vijskovi-

mer.html

Ukraine: Ensure Safe Passage, Aid for Mariupol Civilians, 21 March 2022. Access mode: https://www.hrw.org/

news/2022/03/21/ukraine-ensure-safe-passage-aid-mariupol-civilians

High Commissioner updates the Human Rights Council on Mariupol, Ukraine, 16 June 2022 року. Access mode:

https://www.ohchr.org/en/statements/2022/06/high-commissioner-updates-human-rights-council-mariupol-ukraine

Conflict Observatory. Mapping the Filtration System in Donetsk Oblast, 25 August 2022 року. Access mode: https://

hub.conflictobservatory.org/portal/apps/sites/#/home/pages/filtration-1

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

The “filtering” procedure, which is currently carried out by represen-

tatives of the Russian Federation, is accompanied by numerous viola-

tions:

excessive collection of personal information by photographing, tak-

ing fingerprints, copying the contents of phones, in particular, con-

tacts;

psychological pressure during interrogations, asking provocative

questions about support for the Russian Federation and the Russian

military, etc.;

separation of persons undergoing the procedure together, in partic-

ular, separation of parents and children;

improper conditions of stay in the so-called “filtration camps” (un-

equipped premises and accommodation of an excessive number of

people in them, inadequate provision of food)

;

detention of persons who have not passed the so-called “filtering”

and placing them in places of detention in the occupied territory.

According to an eyewitness, it is known about the case when, during the so-called

“filtering” at the checkpoint, representatives of the Russian Federation put children

on their knees and said that if the parents did not give money, the children would be

shot

“We Had No Choice” “Filtration” and the Crime of Forcibly Transferring Ukrainian Civilians to Russia, 1 September

2022. Access mode: https://www.hrw.org/report/2022/09/01/we-had-no-choice/filtration-and-crime-forcibly-

transferring-ukrainian-civilianss

“We dug a grave for a still-living mother”: as a result of shelling, a Mariupol resident lost four loved ones at once,

24 January 2023. Access mode: https://helsinki.org.ua/articles/kopaly-mohylu-dlia-shche-zhyvoi-mamy-vnaslidok

-obstrilu-mariupolets-vtratyv-odrazu-chotyrokh-blyzkykh/

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

There are also known cases when representatives of the Russian Federation separate

children from their parents during the so-called “filtering”. In particular, a 4-year-old

girl Alisa from Mariupol was separated from her mother, Victoriia Obidina, who was

providing medical aid to the Ukrainian military in Azovstal. The girl arrived in Zapor-

ozhzhia in a convoy with evacuated residents of Mariupol. The child was traveling

alone, because her mother was left by the Russian military in the “filtration camp” in

Mangush, and was placed under the care of her grandmother, with whom she left for

Poland. Victoriia spent 165 days in Russian captivity and returned as a result of the

exchange of prisoners of war on 17 October 2022

In some cases, after separation from their parents, children are deported to the Rus-

sian Federation with their subsequent placement in a family under guardianship and

the possibility of adoption. Thus, in particular, Yevhenii Mezhevoi was separated from

his three minor children at a checkpoint near Mariupol. Yevhenii was sent to Olenivka

colony

, where he spent 45 days, and his children were taken first to occupied Do-

netsk, and later to Russia together with 31 other children from Mariupol. On June 16,

representatives of the Russian social services came to Polyany Children’s Sanatorium

near Moscow, where the children were staying, and informed them that they would

either be sent to a boarding school or adopted, and the father had only five days to

pick them up. The father managed to take the children, at the moment the family is

in Latvia, all the other children taken from Mariupol together with Yevhenii’s children

have already been placed in Russian families

In addition to the above-mentioned violations, the Russian side imple-

ments a complex and systematic state policy regarding

the forced transfer of children to the temporarily occupied territo-

ries of Ukraine and the deportation of children to the territory of the

Russian Federation,

the implementation of Russian education standards in the occupied

territories,

the “re-education” and militarization of Ukrainian children relocated

to the temporarily occupied territories of Ukraine and the territory

of the Russian Federation,

forced change of citizenship of children in the occupied territories

of Ukraine and passporting,

placement of Ukrainian children in families of citizens of the Russian

Federation.

It is appropriate to consider all these elements of the policy of the aggressor country

in more detail.

A military doctor from Azovstal, who was separated from her child by the Russians during the evacuation, was

released from captivity on October 17, 2022. Access mode: https://www.ukrinform.ua/rubric-ato/3595173-z-polonu-

zvilnili-vijskovogo-medika-z-azovskogo-aku-rosiani-pid-cas-evakuacii-rozlucili-z-ditinou.html

An illegal place of deprivation of liberty, set up by the occupation authorities in the premises of the Volnova colony

No. 120 (Donetsk oblast), temporarily occupied since 2014

“Dad, they want to adopt us. You have 5 days left”: how a Ukrainian father returned children deported by Russia 14

February 2023. Access mode: https://www.radiosvoboda.org/a/deportatsiya-mariupol-dity-rosiya-ukraina/32265673.

html

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

2.1.

Forcible transfer and deportation of children to the

territory of the Russian Federation

The scale of the policy of forced transer and deportation of Ukrainian children is as-

tonishing. However, the mass deportation of children began a few days before the

deployment of large-scale armed aggression against Ukraine — on 18 February 2022,

the so-called “evacuation” from the DPR and LPR was announced

. As part of the

campaign to prepare for a large-scale invasion, the Russian authorities justified the

need to transfer children by a possible threat from the Armed Forces of Ukraine. As of

27 February 2022, 457 children from three boarding houses in Donetsk were placed in

the Romashka sports and recreation complex in the territory of the Nekliniv district

of the Rostov region

Given the limited access to the occupied territories and the systematic failure of the

Russian Federation to provide information about the children displaced by it, Ukraine

managed to identify 19,393 children who were deported to the territory of the Russian

Federation

. In addition, the state is making efforts to establish the location of the

children who were in the temporarily occupied territory of Ukraine at risk of forced

transfer or deportation, and whose fate is unknown. According to the Center for Stra-

tegic Communications, deportations took place to 57 regions, including the geo-

graphically remote Sakhalin oblast (about 8,000 kilometers from the place of usual

residence), Novosibirsk oblast (about 4,000 kilometers), Yamalo-Nenets Autonomous

Okrug (about 4,000 kilometers), Murmansk oblast (about 3 thousand kilometers),

Omsk oblast (about 3 thousand kilometers). The children were transferred to Russian

regions, which differ significantly from their usual place of residence in terms of cul-

ture and religion: the Republic of Dagestan, the Republic of Tatarstan, the Chechen

Republic

In order to analyze the phenomenon of deportation of Ukrainian cit-

izens, in particular, children, the following categories of minors who

were forcibly transferred within the temporarily occupied territories of

Ukraine or deported to the territory of the Russian Federation can be

tentatively identified. These are, in particular:

accompanied children, i.e. minors, transferred together with their

legal representatives or one of them.

orphans, children deprived of parental care who were at institutions

in the territories of Ukraine temporarily occupied before 24 February

2022 in the Donetsk and Luhansk oblasts.

Heads of the DPR and LPR announced the beginning of a mass evacuation / RIA Novosti, 18 February 2022. Access

mode: https://ria.ru/20220218/evakuatsiya-1773598104.html

Columns with buses and about 200 temporary placement centers: how refugees from the LPR and DPR were

accommodated in the Rostov region / DONTR.RU, 27 February 2022. Access mode: https://dontr.ru/novosti/kolonny-

s-avtobusami-i-okolo-200-pvr-kak-razmeshchali-bezhentsev-iz-lnr-i-dnr-v-rostovskoy-oblasti/

The Children of the War portal. Access mode: https://childrenofwar.gov.ua (as of 14 May 2023)

Center for Strategic Communications (2022). Kidnapped orphans. Where and why does Russia take Ukrainian

children? 15 March 2023. Access mode: https://spravdi.gov.ua/dopomoga-vykradenym-syrotam-yak-rosiya-

vsynovlyuye-ditej-z-ukrayiny/

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

orphans, children deprived of parental care, who were at institutions

in the territories of Ukraine temporarily occupied after 24 February

2022 (as far as we know about the Kherson oblast).

children orphaned or left without parental care as a result of the war

(as a result of the death of parents or guardians, separation from

parents in the process of so-called “filtration”, captivity of parents/

guardians, etc.).

children who, probably with the consent of their parents, were taken

to the temporarily occupied territories of Ukraine or the territory of

the Russian Federation and are kept in camps or sanatoriums for the

purpose of “re-education”

;

children who were taken out for the purpose of clinical examination

and medical examinations or providing medical assistance (medical

intervention).

The child’s belonging to one or another isolated group affects the vulnerability of his

situation, in particular, in the context of returning to Ukraine. Therefore, some catego-

ries of displaced / deported children should be discussed in more detail.

Thus, today the Russian Federation does not provide for the possibility of repatria-

tion of minor orphans and those deprived of parental care

. Moreover, children from

this category are at the greatest risk of becoming victims of forced transfer to Rus-

sian families and imposed citizenship of the aggressor state, which accompanies the

process of transfer to guardianship and/or adoption. A separate problematic issue is

the identification and return of children deported and adopted by Russians during

2014-2021, in particular those who, because of the temporary occupation, did not have

Ukrainian identity documents.

According to the Russian side, the number of Ukrainian minors deported for so-called

“re-education” to the occupied territories of Ukraine was about 30,000 in 2022

. More-

over, 10,000 children were forcibly relocated to the territory of the occupied Crimean

Peninsula, where a network of seven institutions (in particular, camps, sanatoriums,

schools) operates, about 2 — 2.5 thousand — to Belarus, where at least four institu-

tions operate

. According to a study by Yale University, other minors were deported

to 34 camps in the territory of the Russian Federation, 12 of which are located on the

Black Sea coast, 10 around the cities of Moscow, Kazan, and Yekaterinburg. 11 camps

are located at a distance of more than 800 kilometers from the child’s usual place of

residence (2 of them — in Siberia, 1 — in the Far East).

Re-education - the process of removing Ukrainian children from their parents or other legal representatives,

transferring them and keeping them at closed institutions, where minors study according to Russian educational

standards, undergo patriotic and/or military training. Access mode: https://hub.conflictobservatory.org/portal/

sharing/rest/content/items/97f919ccfe524d31a241b53ca44076b8/data

Twitter: Ministry of Foreign Affairs of Russia - @MID_RF. Access mode: https://twitter.com/i/

broadcasts/1vAGRAVPkNvKl

Russian newspaper (2022). Vladimir Putin discussed the construction of schools and the support of new territories

with Sergey Kravtsov. Access mode: https://rg.ru/2023/01/09/bolshaia-peremena.html

Crimean precedent (2023). Recreation camps as another means of eradicating the Ukrainian national identity of

children from the occupied territories. Mode of access: https://krymbezpravil.org.ua/analytics/tabory-vidpochynku-

iak-shche-odyn-zasib-vykorinennia-ukrainskoi-natsionalnoi-identychnosti- ditey-z-okupovanykh-terytoriy

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

Magadan

Мariupol

6300 km

The absolute record holder for this parameter is Magadan, located

6,300 kilometers away.

To get to the camp, the children first traveled by bus, then by train, and finally by

plane (2 flights)

. The largest number of minors was concentrated at 4 institutions —

Artek (Crimea), Orlenok (Krasnodar Krai), Okean (Vladivostok), Smena (Krasnodar

Krai)

. During “re-education”, the duration of which was arbitrarily increased by Rus-

sian agents without the consent of legal representatives of minors, children could be

placed in several institutions at once. Placement of children in such remote regions is

a deliberate measure aimed at complicating their return. Their distribution by differ-

ent regions is also aimed at greater integration of children into the Russian cultural

and educational space and loss of connection with Ukrainian identity as a result of

limiting communication with other representatives of the Ukrainian national group.

Regarding the undergoing of the so-called “preventive medical examination”, accord-

ing to the data of the Russian side, which were made public at the 20th All-Russian

Congress of Commissioners for Children’s Rights in the Subjects of the Russian Fed-

eration, which took place on April 26-27 in Kazan, as part of the execution of the order

of the President of the Russian Federation dated 5 October 2022 No. Пр-1872,

“in-

depth preventive medical examinations of children in the territories of the DPR,

LPR, Zaporizhzhia and Kherson oblasts” was organized, in particular, in the so-called

DPR — more than 106.6 thousand children, in the so-called LPR - more than 79.9

thousand children, in the Zaporizhzhia oblast — more than 32 thousand children,

in the Kherson oblast — 11.7 thousand children, as well as in Krasnodar Krai (from

among those who left the so-called “new territories”) — 4.2 thousand children.

As of March 2023, at least 550 children were deported to the Russian Federation as

a result of the “preventive medical examination”. Institutions at which minors may

be placed include Polyany Sanatorium (a division of the Children’s Medical Center,

Moscow oblast), Dr. Roshal’s Clinic, and the Russian Children’s Clinical Hospital (Mos-

cow). Maria Lvova-Belova also announced the possibility of placing deported children

Yale University (2023). Russia’s systematic program for the re-education & adoption of Ukraine’s children. Access

mode: https://reliefweb.int/report/ukraine/russias-systematic-program-re-education-adoption-ukraines-children

Russian newspaper (2022). Vladimir Putin discussed the construction of schools and the support of new territories

with Sergey Kravtsov. Access mode: https://rg.ru/2023/01/09/bolshaia-peremena.html

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

at specialized institutions in the Khanty-Mansiysk Autonomous District

. Potentially,

the number of minors deported as a result of the “preventive medical examination”

will increase, as evidenced by the statistics for individual occupied territories. Thus,

according to Russian doctors, 70% of children examined in the so-called LPR need

inpatient treatment

. Despite the statement of the “minister of health of the LPR”

about placing minors in the Luhansk

“Republican” Clinical Hospital, the latter does not have the appropriate capacity (410

beds). The institution can accommodate 7,000 children per year

. This may indicate

the potential deportation of some Ukrainian minors to the Russian Federation. In ad-

dition, dispensation will continue also during 2023. For this, 435 million rubles have

been allocated from the federal budget of the Russian Federation

Under the pretext of providing for children, Russia also uses the movement of chil-

dren for rehabilitation and recreation within the occupied territories of Ukraine. In

particular, in October 2022, the so-called head of the occupation administration of

Kherson Volodymyr Saldo stated that about 5,000 children from the Kherson oblast

would come to Crimea for rehabilitation. At that time, there were already about 1,500

Ukrainian children in the territory of the temporarily occupied Crimea

. On May 8,

the occupation authorities of the Zaporizhzhia oblast announced the transfer of 796

children to “safer settlements”

In addition, the period of stay in the camps is not limited to a shift — motivating the

delay by the danger of the situation in the children’s usual place of residence, they are

left for extended shifts and are not returned to their families

Therefore, the Russian Federation uses a number of methods of forced transfer of

children within the occupied territories, as well as their deportation to the Russian

Federation in order to separate them from their usual environment, isolate them from

their own national group and place them in a “Russian” environment. Moreover, these

methods are applied to different categories, in particular, both to children who have

parents and to children deprived of parental care.

2.2. Implementation of Russian standards of education

in the occupied territories

The Russian Federation systematically uses education in the occupied territories for

the purpose of planting propaganda and breaking ties between Ukrainian children

Information from the Telegram channel of Commissioner Maria Lvova-Belova. Mode of access: https://t.me/

malvovabelova/1063?single

Luhansk Information Center (2022). Almost 70% of children who underwent medical examination in the LPR have

health problems - Ministry of Health. Access mode: https://lug-info.com/news/pocti-70-prosedsih-dispanserizaciu-v-

lnr-detej-imeut-otklonenia-v-zdorov-e-minzdrav

The official website of the Luhansk Republican Clinical Hospital. Access mode: https://lrkb.ru/%d0%be-%d0%b1%d0

%be%d0%bb%d1%8c%d0%bd%d0%b8%d1%86%d0%b5//

Ruposters (2023). More than 60 thousand children underwent medical examinations in new regions of Russia. Access

mode: https://ruposters.ru/news/02-01-2023/bolee-tisyach-detei-proshli-medosmotri-novih-regionah-rossii

Krym will welcome up to five thousand children from the Kherson region for vacation - Saldo / Crimea news feed, 8

October 2022. Access mode: https://crimea-news.com/society/2022/10/08/975810.html

https://t.me/melitopol_ru/7425

Millet (2022). A national concert for refugee children was held at KIPU. Access mode: https://trkmillet.ru/v-kipu-

proveli-nacionalniy-koncert-d/

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

and their national group. The occupying state is obliged to ensure the proper func-

tioning of institutions responsible for the care of children and their education

. In

fulfilling this obligation, states must also take into account consider the child’s right

to preserve individuality; any care for a child must consider his ethnic origin, religious

and cultural affiliation and native language

. It is necessary to entrust the education

of children under the age of 15, who were orphaned or separated from their families

as a result of the war, to persons with the same cultural traditions

100

and, if possible,

persons of their nationality, language and religion

101

In addition, states have an obligation to ensure the child’s education with a focus on

fostering respect for human rights and fundamental freedoms, as well as the princi-

ples proclaimed in the Charter of the United Nations; respect for the cultural identity,

language and national values of the country in which the child lives, the country of

his origin; preparing a child for a conscious life in a free society in the spirit of under-

standing, peace, and tolerance

102

However, the Russian Federation, contrary to its obligations as an occupying state,

implements its own education standards and curricula in institutions in the occupied

territories of Ukraine, continuing the practice it used in the occupied Crimea.

Starting with the occupation of the Crimean Peninsula in February 2014, the Russian

Federation has been consistently eradicating the Ukrainian national identity of mi-

nors through Russification, militarization, indoctrination

103

, deportation, and forced

placement in Russian families. In a short period of time, the effective functioning of

the system of patriotic education of the Russian Federation was restored and ensured

on the peninsula, and the isolation and segregation from the educational, informa-

tional and cultural space of Ukraine was accelerated. Education in the Ukrainian and

Crimean Tatar languages was abolished in the occupied Crimea. In addition, teaching

was switched to the state educational standards of the Russian Federation. During

the occupation, the number of schoolchildren studying in the Ukrainian language de-

creased by 60 times

104

. Russian teachers are brought from the territory of the Russian

Federation to the occupied Crimea

105

. In turn, at least 218,974 Crimean school-age chil-

dren became victims of the militarization of education

106

. In addition, until 2017, appli-

Article 50 of Convetion relative to the Protection of Civilian Persons in Time of War. Access mode: https://zakon.

rada.gov.ua/laws/show/995_154#Text

Article 20 of the Convention on the Rights of the Child. Access mode: https://zakon.rada.gov.ua/laws/show/995_021#Text

100 Article 24 of the Convention relative to the Protection of Civilian Persons in Time of War. Access mode: https://zakon.

rada.gov.ua/laws/show/995_154#Text

101 Article 50 of the Convention relative to the Protection of Civilian Persons in Time of War. Access mode: https://zakon.

rada.gov.ua/laws/show/995_154#Text

102 Article 29 of UN Convention on the Rights of the Child. Access mode: https://zakon.rada.gov.ua/laws/show/995_021#Text

103 Indoctrination is the process of transforming minors into a component of the offensive policy of the Russian

Federation through propaganda, special training and a systematic educational approach.

104 National Institute for Strategic Studies (2022). Destruction of the national identity of minor children and youth

in Crimea as an act of genocide of the Russian Federation in Ukraine. Mode of access: https://niss.gov.ua/news/

komentari-ekspertiv/znyshchennya-natsionalnoyi-identychnosti-nepovnolitnikh-ditey-i-molodi-v

105 Report on the results of the Russian Federation’s policy study on the violent change in the demographic

composition of the population of the occupied Crimean Peninsula. Regional Human Rights Center. 2021.

Access mode: https://cutt.ly/h2LGXym

106 Svoboda Radio (2021). There are Ukrainians, but there is no language. 0.1% of Crimeans learn Ukrainian in Crimea.

Access mode: https://www.radiosvoboda.org/a/crimea-education-ukrainian-language/31274562.html

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

cants from the occupied territories of Crimea were provided with benefits for admis-

sion to Russian HEIs

107

. From the beginning of the full-scale invasion, Crimea became

a center for the organization, preparation and further implementation of the proven

scenario of Russification of minors in the newly occupied territories of Ukraine.

In particular, the destruction of education in the occupied territories

under the “Crimean scenario” includes:

full transition to Russian education standards;

replacement of educational materials with Russian ones;

retraining and replacement of teaching staff with those “loyal” to

the new government or displaced from the territory of the Russian

Federation;

exclusion of teaching subjects of the Ukrainian studies cycle, in par-

ticular, history of Ukraine, Ukrainian literature;

restrictions on studying the Ukrainian language;

militarization of the educational process (cadet schools, Young Army

Movement, Bolshaya Peremena Movement, etc.)

108

All these practices are implemented by the Russian side both in the territories oc-

cupied until 24 February 2022, and in the territories that were occupied as a result of

large-scale armed aggression against Ukraine.

One of the key steps in destroying the Ukrainian identity of children in the temporarily

occupied territories of Ukraine is the actual suppression of the Ukrainian language

from the educational process. This practice was applied by the occupying authorities

in the territories of Ukraine occupied as early as 2014.

Thus, since July 2018, Vladimir Putin signed Federal Law No. 317-FZ On Amendments to

Articles 11 and 14 of the Federal Law On Education in the Russian Federation

109

. Despite

the positioning of the regulatory act as one that was intended to promote the study

of “native languages of peoples” in schools, according to the amendments, Russian

as the state language is mandatory at all schools of the Russian Federation, other lan-

guages may be chosen by parents as optional subjects. In addition, according to the

data of the Ministry of Education, Science and Youth of the Republic of Crimea, by

2018, there was only 1 school with Ukrainian as the language of instruction in the ter-

ritory of the occupied Crimean Peninsula (9 classes, 146 students), and the number of

people who studied Ukrainian as their native language decreased by 73%. According

107

Privileges for Crimeans for admission to Russian HEIs were canceled, 6 October 2016. Access mode: https://

ua.krymr.com/a/news/28034968.html

108 Almenda Center for Civic Education, Report: The Crimean scenario: how the Russian Federation destroys the

Ukrainian identity of children in the occupied territories. Access mode: https://svidomi.in.ua/page/krymskyi-

stsenarii-iak-rosiia-znyshchuie-osvitu-na-tymchasovo-okupovanykh-terytoriiakh

109 Federal Law dated 3 August 2018 No. 317-FZ On Amendments to Articles 11 and 14 of the Federal Law On Education in

the Russian Federation. Access mode: http://publication.pravo.gov.ru/Document/View/0001201808030079

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

to the educational programs developed by the occupation administration, 3 hours per

week shall be allocated for the study of the Ukrainian language and Ukrainian litera-

ture, provided that they are “voluntarily” chosen

110

The practice of removing the Ukrainian language from the educational process is ap-

plied by the occupation authorities of the Russian Federation in those territories of

Ukraine that were occupied after 24 February 2022. One of the main principles of state

policy and legal regulation of relations in the field of education in the Russian Federa-

tion is the “unity of the educational space in the territory of the Russian Federation”

111

On 17 February 2023, Vladimir Putin signed the law on the integration of the Kherson,

Zaporizhzhia, Donetsk and Luhansk oblasts into the educational space of the Russian

Federation

112

In addition, the occupation authorities are trying to preserve the appearance of the

possibility of studying the Ukrainian language in the temporarily occupied territories.

Thus, on 1 September 2022, the Minister of Education of the Russian Federation an-

nounced that textbooks on the “classical Ukrainian language”, which would be used

in the so-called DPR, LPR and “other territories affected by the SMO”, were being

drafted. According to Kravtsov, on September 1, 1,376 schools and 203 colleges, which

are provided with textbooks, opened in these territories. In addition, the approach to

studying the Ukrainian language may be formal

113

On 4 April 2023, the Deputy Minister of Education of the Russian Federation announced

the readiness of a Ukrainian language textbook for elementary school pupils in the

newly occupied territories. In addition, the Ukrainian language remains exclusively as

optional in the program, and the materials used to study it are of the Soviet model

and do not meet the current standards of language learning. In addition, according to

the technical task contained in the corresponding state contract, the future textbook

should “instill in children the traditional Russian values that reflect the unique spir-

itual, historical and cultural development of the multinational people of Russia, the

historical memory and continuity of generations, the unity of the peoples of Russia,

higher moral feelings, the priority of the spiritual over the material, family traditions.”

Educational tasks in the textbook should instill a “civic position” in children and corre-

spond to the constitution of Russia. All illustrative material in it should consist of 90%

Russian content

114

110

111

https://monm.rk.gov.ru/uploads/monm/attachments//d4/1d/8c/d98f00b204e9800998ecf8427e/php9Bcykw_

scan01704820180607113243.pdf

Article 3 of Federal Law No. 273-FZ dated 29 December 2012 (ed. dated 17 February 2023) On Education in the Russian

Federation (as amended from 28 February 2023). Access mode: http://www.consultant.ru/document/cons_doc_LAW_1

40174/15956ae575273a483e753fc119fb41fc4c37f846/

Federal Law of 17 December 2023 No. 19-FZ On the Peculiarities of the Legal Regulation of Relations in the Spheres

of Education and Science in Connection with the Admission of the Donetsk People’s Republic, the Luhansk People’s

Republic, the Zaporozhye Oblast, the Kherson Oblast to the Russian Federation and the formation of new subjects

in the Russian Federation – the Donetsk People’s Republic, the Luhansk People’s Republic, the Zaporozhye Oblast,

Kherson Oblast and On Ammendments to Separate Legislative Acts of the Russian Federation. Access mode: http://

publication.pravo.gov.ru/Document/View/0001202302170006

112

113 Vedomosti (2022). The Ministry of Education will develop a textbook on the «classical Ukrainian language». Access

mode: https://www.vedomosti.ru/society/articles/2022/09/01/938611-minprosvescheniya-razrabotaet-uchebnik

114

“We Can Explain” Telegram channel. Access mode: https://t.me/mozhemobyasnit/14801

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

On 30 January 2023, Sergey Kravtsov, the Minister of Education of the Russian Fed-

eration, announced the creation of a school textbook on history, which will include

information about the so-called “special military operation”, that is, the war against

Ukraine

115

. On 24 April 2023, as part of an educational marathon, he presented a text-

book on history for 11th grade pupils, to usings of which schools will gradually switch

116

At the same time, educational materials of the Ukrainian model are being withdrawn

from the occupied territories. Thus, in January 2023, the so-called “Ministry of Edu-

cation and Science of the LPR” sent a document to the heads of city and district ad-

ministrations, as well as sub-departmental educational organizations, with a recom-

mendation to remove books from the list, which included 365 items, from the school

library funds

117

. The following literature was banned: literature about the Holodomor

in Ukraine, textbooks, methodological materials, reference books on the history of

Ukraine, books from the Famous Ukrainians series, fiction about “events of the peri-

od of recent history” in Ukraine and Donbas (2014-2021)

118

. In June 2022, the occupiers

seized about 22,000 textbooks on the history of Ukraine from schools in the Luhansk

oblast and took them to an unknown destination

119

These actions testify to the sys-

tematic approach of the Russian

authorities to the eradication

of the Ukrainian identity of chil-

dren in the occupied territories of

Ukraine. The Russian Federation

seeks to create the illusion that

there are opportunities to learn

the Ukrainian language in the ter-

ritories occupied in both 2014 and

2022, but the civilian population

refuses to use the Ukrainian lan-

guage, preferring Russian.

At the same time, the occupation authorities take measures that make it impossible

for children living in the occupied territories of Ukraine to study at a distance ac-

cording to the Ukrainian curriculum — there is information that parents are searched

and equipment is checked to determine whether children are studying remotely at

a Ukrainian school. If it is discovered that the children are studying according to the

115

https://ria.ru/20230130/uchebnik-1848327587.html

116 https://tass.ru/obschestvo/17597557

117

ARTIUKH Telegam channel. Access mode: https://t.me/raspisnoyredaktor/5422?single

118 Russians seize Ukrainian books in TOT, 24 January 2023. Access mode: https://sprotyv.mod.gov.ua/2023/01/24/

rosiyany-vyluchayut-ukrayinski-knygy-na-tot/

119 The occupiers are destroying Ukrainian history. In the captured territory of Luhansk Region, textbooks were

removed from schools, 17 June 2023. Access mode: https://svatove.city/articles/219395/okupanti-nischat-ukrainsku-

istoriyu-na-zahoplenij-teritorii-luganschini-zi-shkil-viluchili-pidruchniki

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

Ukrainian curriculum, the parents are threatened with a fine and that the children will

be taken away if they are not sent to a Russian school

120

2.3. “Re-education” and militarization of Ukrainian

children transferred to the temporarily occupied

territories of Ukraine and the territory of the

Russian Federation

In the camps in the temporarily occupied territories of Ukraine and the Russian Fed-

eration, the Russian side implements practices aimed at “re-education” — cultural

and educational activities based on Russian narratives about the history of Ukraine

and the presentation of Russian aggression against Ukraine as a forced step aimed

at ensuring peace. In particular, special lessons provided for by the Russian school

program — “Conversations About Important Things”

121

, which are aimed at “forming

patriotism and love for the Motherland — the Russian Federation”, are conducted

with children from the occupied territories in the camps. As the Ministry of Educa-

tion of the Russian Federation explains, “the purpose and results of the lesson: the

pupils’ understanding of the objectives of the SMO that the residents of the DPR

and LPR are Russian people, therefore their return to Russia is important. Russian

soldiers are heroes”

122

. During “Conversations About Important Things”, schoolchil-

dren are told that Russia is “saving them from the Nazis”, and Ukrainian territories

have in fact “always been Russian”. Events with the involvement of the Russian mil-

itary, representatives of the occupation administrations, political representatives

123

and public figures of the Russian Federation are also held for children

124

120

In Berdiansk, the occupiers raided families who do not send their children to Russian schools / National

Resistance Center, 8 March 2023. Access mode: https://sprotyv.mod.gov.ua/2023/03/08/v-berdyansku-

okupanty-provely-rejd-po-rodynah-yaki-ne-viddayut-ditej-do-rosijskyh-shkil/;

The occupiers threaten to take away from their parents the children who will not go to school in Melitopol

/ TSN, 4 July 2022. Access mode: https://tsn.ua/ato/okupanti-pogrozhuyut-vidbirati-u-batkiv-ditey-yaki-ne-

hoditimut-do-shkoli-u-melitopoli-mer-2102395.html

121

Conversations about important things: what is it and what is known about the program? / Skysmart Online School,

8 September 2022, updated on 10 January 2023. Access mode: https://skysmart.ru/articles/useful/razgovory-o-

vazhnom

122 https://t.me/minprosrf/836

123 What a “good toastmaster” and interesting contests / KHERSON telegram channel: War Without Fakes, 10 July 2022.

Access mode: https://t.me/s/kherson_non_fake?q=What+»good+host»+and+competitions+interesting

124 Vkontakte page “Childhood Navigators | CRIMEA”, 9 July 2022. Access mode: https://vk.com/wall-214910068_4716

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

In particular, 16-year-old Vitalii, who returned from a children’s camp in Yevpatoria

(the temporarily occupied territory of Crimea), said that children were constant-

ly told that they “are in Russia, Russia is forever, and Ukraine will soon be Russia

and they must obey Russia”. In the second camp, where the boy was transferred

after two weeks of “rest”, personal correspondence was checked, and when they

saw messages or other contents of the phone indicating support for Ukraine, they

threatened to sit in the basement as a punishment

125

It should be noted that in the camps, children were in a particularly vulnerable situ-

ation, as they were separated from their parents and had no idea when they would

be reunited with their families. Psychological pressure and manipulation were used,

among other things, in an attempt to obtain the consent of legal representatives

for the transfer of minors for so-called re-education. Each of the cases of removal

of minors followed by indefinite detention was preceded by the return of several

groups of children (mostly children of local collaborators), which created an illusion

of safety and a feeling of “bad mother (father)” in connection with a possible refusal.

Realizing that the minor was not going to be returned, parents often tried to orga-

nize this process on their own, for example, by hiring transport and authorizing one

proxy. However, heads of camps refused to repatriate minors in this way.

The educational process in the occupied territories is not limited to formal educa-

tion. Considerable attention is paid to the patriotic upbringing of children. In addi-

tion to “Conversation About Important Things”, at school children and teachers are

forced to speak exclusively in Russian

126

and sing the national anthem of the Russian

Federation during breaks between classes, and are also required to study the consti-

tution of the Russian Federation outside of working hours.

Also, at the beginning of July 2022, the pro-Putin party United Russia opened a chil-

dren’s leisure center in Kupyansk, where elementary school children painted Russian

flags and wrote the slogans “we and Russia are one people.” On Children’s Day, a

holiday, at which Ukrainian children were photographed with the occupiers against

the background of military equipment, was held here

127

A separate aspect of the destruction of Ukrainian identity and violation of children’s

rights is the

militarization of education.

Propaganda for military service aimed at

residents of occupied territories is prohibited by Article 51(1) of the Fourth Geneva

Convention. Since 2014, the Russian Federation has been actively promoting service

in the ranks of its own armed forces, focusing its efforts on propaganda among chil-

dren — these measures are carried out under the guidance and financing of the oc-

cupation authorities, in particular, the “Ministry of Education, Science and Youth of

125

TSN (2023). “We must obey Russia”: a Ukrainian teenager told what the Russians did to children in a camp in

Crimea. Access mode: https://tsn.ua/ukrayina/povinni-pidkoryatisya-rosiyi-ukrayinskiy-pidlitok-rozpoviv-scho-

rosiyani-robili-z-ditmi-v-tabori-krimu-2305600.html

126 Zaporozhzhia Investigation Center (2022). “They don’t have the word “Ukraine” at all”: forced Russification of children

in Zaporozhzhia and the role of collaborators in this crime. Access mode: https://incentre.zp.ua/slova-ukrayina-u-

nyh-vzagali-nemaye-prymusova-rusyfikacziya-ditej-na-zaporizhzhi-i-rol-kolaborantiv-u-czomu-zlochyni/

127 Evidence of Genocide: How Russian Occupiers Recruit and Abduct Ukrainian Children, 17 October 2022. Access mode:

https://www.slidstvo.info/warnews/dokazy-genoczydu-yak-rosijski-okupanty-verbuyut-ta-vykradayut-ukrayinskyh-

ditej/

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

the Republic of Crimea” and Russian ministries, in particular, the Ministry of Sports

of the Russian Federation

128

. Ukrainian children in the occupied territories are forced

to believe that service in the Russian army is prestigious, honorable and an uncon-

ditional obligation. Moreover, they form an understanding in the minds of Ukrainian

children that sacrificing oneself in the war for the sake of Russia, the “Motherland”,

for the sake of its protection from external enemies, is the highest manifestation of

heroism. The constant planting of such narratives in education and leisure will have

consequences both in the medium and long term, in particular, it will contribute to

the involvement of the Ukrainian population, especially children who studied and

are studying according to Russian educational standards in the temporarily occu-

pied territories, to serve in the Russian army, to participate in armed conflict on its

side, the destruction of Ukrainian identity and the complication of the reintegration

of the liberated territories into Ukraine

129

. Given the implications of such propagan-

da, these measures may also constitute a war crime in the form of forced service in

the enemy’s armed forces.

It is common to create units

of the Young Army Movement

units — an all-Russian children’s

and youth military-patriotic pub-

lic movement, launched in 2016

at the initiative of the Minister

of Defense of the Russian Feder-

ation, Sergei Shoigu, in the oc-

cupied territories. The main task

of the movement is to attract

children to military training and

promote the ideology of Russian

world. Various groups and class-

es, where children learn to use

weapons, undergo military and

tactical training, participate in

military sports games and relay

races, are organized for this purpose. A child can join the Young Army Movement

from 8 to 18 years of age

130

. Detachments of the Young Army Movement were creat-

ed in Zaporizhzhia

131

and Kherson

132

oblasts.

128

Notification to the International Criminal Court in accordance with Art. 15 of the Rome Statute of the ICC:

Liability of officials of the Russian Federation for forcing the population of Crimea to serve in the Russian

armed forces (in the context of the state policy of promoting military service among children), prepared by

the Prosecutor’s Office of the Autonomous Republic of Crimea and the city of Sevastopol and Crimean Human

Rights Group NGO

129 Study “School education: a hidden weapon of the Russian Federation against Ukraine” / N. Vaskivska, K. Korniyenko,

D. Pidhorna, M. Petrovets, - Kyiv, 2023. 79 p.

130 https://yunarmy.ru/headquarters/about/

131 The Russians are organizing a “Crimean” model of militarization of children in the occupied territories - an expert, 7

November 2022. Access mode: https://www.ukrinform.ua/rubric-regions/3609543-na-zahoplenih-teritoriah-rosiani-

buduut-krimsku-model-militarizacii-ditej-ekspertka.html

132 On 6 November 2022, the occupiers created a division of the Young Army Movement in the Kherson region. Access

mode: https://ctrcenter.org/uk/8117-okupanti-stvorili-u-hersonskij-oblasti-viddilennya-yunarmiyi

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

In the temporarily occu-

pied territory of the Kher-

son oblast, mandatory so-

called “cadet classes” have

been introduced at schools,

starting from the first grade.

Wearing a uniform and ad-

ditional classes on patriotic

education are mandatory

for these pupils

133

On the day of the 225th anni-

versary of the establishment

of the village of Novoderkul,

in the Bilovodsk district of

the Luhansk oblast, a “solemn swearing-in ceremony and initiation into the par-

ticipants of the military-patriotic movement” of the Young Guard of 30 school-age

children took place

134

In the temporarily occupied territories of the Kherson and Zaporizhzhia oblasts, rep-

resentatives of another Russian organization, Voluntary Society for Assisting Army,

Aviation and Navy, are conducting activities aimed at improving the image of the

military service. Representatives of the organization come to educational institu-

tions and agitate students of 10-11 grades to join the ranks of the Russian army.

In addition, the occupation administration in the Skadovsk, Kalanchak, Novotroy-

itsk and Henichesk districts of the Kherson oblast announced the creation of cadet

classes at schools with the aim of motivating young men aged 15 and over to study

military affairs in depth. According to preliminary information, young men who have

the appropriate training will have the opportunity to hold primary management

(sergeant) positions in the event of being called up for military service

135

Schoolchildren are also involved in supporting the Russian military. In general,

#МЫВМЕСТЕ campaign has been launched in Russia. Children are asked to write

works on the topic of pride in Russia, letters of support and thanks to Russian soldiers

according to the template. Some such letters with the same content and with differ-

ent signatures have already been found in the de-occupied territories of Ukraine

136

For “problem teenagers” from the occupied territories of the Luhansk and Donetsk

oblasts, a military-patriotic education in the territory of Chechnya with the assis-

133

On 2 March 2023, the occupiers introduced mandatory cadet classes at schools of the Kherson oblast. Access

mode: https://www.unian.ua/war/okupanti-vveli-u-shkolah-hersonshchini-obov-yazkovi-katedski-klasi-12165087.

html

134 On 22 August 2022, the Luhansk occupiers initiated young children into the ranks of the Young Army Movement.

Access mode: https://realgazeta.com.ua/yunarmiya-23-08/

135 Russians create cadet classes at schools in TOT, 6 February 2023. Access mode: https://sprotyv.mod.gov.

ua/2023/02/06/rosiyany-stvoryuyut-katedski-klasy-v-shkolah-na-tot/

136 Voices of Children Charitable Fund, Kharkiv Institute of Social Research NGO, report, pp. 26-27.

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

tance of Ramzan Kadyrov, the head of the Chechen Republic as part of the Russian

Federation, which also included a visit to the Russian University of Special Forces,

was also organized

137

Education and leisure according to the Russian program, the promotion of symbols

and Russian ideology in education, its widespread militarization are obviously aimed

at forming the consciousness of children in the occupied territories about their

belonging to the Russian national group and the perception of Ukrainian identity as

hostile.

2.4. Forced change of citizenship of children in the

occupied territories of Ukraine and passporting

Another systematic violation that reflects the state policy of the Russian Federation

towards Ukrainian children is the imposition of Russian citizenship in the occupied

territories and in the territory of the Russian Federation.

This practice began immediately after Russia occupied the territories of Ukraine in

2014 - by federal law, all citizens of Ukraine living in the territory of Crimea were rec-

ognized as citizens of Russia

138

. In 2019, the President of the Russian Federation signed

a decree that provided for a simplified procedure for obtaining Russian citizenship for

residents of the occupied regions of the Donetsk and Luhansk oblasts

139

In May 2022, by decree of the Pres-

ident of the Russian Federation, a

simplified procedure for acquir-

ing citizenship was provided for

orphans, children deprived of pa-

rental care, disabled persons who

are citizens of Ukraine and are in

the temporarily occupied territo-

ries of Ukraine

140

. On 30 Septem-

ber 2022, Putin signed laws that

recognized the territories of the

Donetsk, Luhansk, Zaporizhzhia,

and Kherson oblasts as part of

137

Kadyrov 95 Telegram channel. Access mode: https://t.me/RKadyrov_95/3104

138 Federal constitutional law dated 21 March 2014 N 6-ФКЗ (ed. dated 14 July 2022) On Admission of the Republic of

Crimea to the Russian Federation and Formation of New Subjects in the Russian Federation - the Republic of Crimea

and the City of Federal Significance of Sevastopol (as amended from 01 January 2023). Access mode: http://www.

consultant.ru/document/cons_doc_LAW_160618/

139 Decree on Determining, for Humanitarian Purposes, the Categories of Persons who Have the Right to Apply for

Russian citizenship According to a Simplified Procedure (as of 24 April 2019). Access mode: http://kremlin.ru/acts/

news/60358

140

Decree of the President of the Russian Federation dated 30 May 2022 No. 330 On Amendments to Decree

of the President of the Russian Federation dated 24 April 2019 No. 183 On Determining, for Humanitarian

Purposes, the Categories of Persons Who Have the Right to Apply for Citizenship of the Russian Federation

According to a Simplified Procedure and Decree of the President of the Russian Federation of 29 April 2019

No. 187 On Certain Categories of Foreign Citizens and Stateless Persons who Have the Right to Apply for

Citizenship of the Russian Federation According to a Simplified Procedure

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

the Russian Federation

141

. Persons living in these territories, according to the logic

of these documents, acquire the citizenship of the Russian Federation from the mo-

ment of such recognition, the only requirement is to submit an application and take

the oath of citizenship of the Russian Federation. The position of the top leadership

of the Russian Federation, however, comes down to the fact that the recognition of

the territories as part of the Russian Federation automatically made their residents —

both adults and minors — citizens of the Russian Federation

142

. In addition, in Decem-

ber 2022, the President of the Russian Federation signed another decree on simpli-

fying the procedure for acquiring Russian citizenship by Ukrainian citizens who have

reached the age of 14

143

On March 15, 2023, the Federal Law of the Russian Federation No. 62-FZ

144

was adopted,

which determines that citizens of the Russian Federation

145

shall be considered not to

have Ukrainian citizenship from the moment they submit a statement to the relevant

authorities on their unwillingness to have Ukrainian citizenship. In the case of children

who have not reached the age of 14, the application shall be submitted on their be-

half by one of their parents or adoptive parents. With regard to orphans and children

deprived of parental care, such an application may be submitted by a guardian or an

authorized representative of the educational, medical or social institution in which

the child is permanently staying.

141

Official website of the State Duma of the Federal Assembly of the Russian Federation [Electronic resource]. – Access

mode: http://duma.gov.ru/news/55420/

142 Activities of the Russian Federation Presidential Commissioner for Children’s Rights Maria Lvova-Belova to protect

children during a special military operation, The Bulletin, Issue #1, April 4, 2023, p.12

143 Decree of the President of the Russian Federation dated 26 December 2022 No. 951 On Some Issues of Acquiring

Citizenship of the Russian Federation

144 Federal Law dated 18 March 2023 No. 62-FZ On the Peculiarities of the Legal Status of Citizens of the Russian

Federation who have Ukrainian citizenship. Access mode: http://publication.pravo.gov.ru/Document/

View/0001202303180001

145 In this case, citizens of Ukraine whom the Russian Federation considers to be its citizens as a result of the illegal

inclusion of the occupied territories of Ukraine into the Russian Federation and the submission by such citizens of

an application for Russian citizenship

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

In such cases, the authorities of the Russian Federation consider Ukrainian citizen-

ship “a fact that has no legal significance”. The law also prohibits the use of Ukrainian

passports and other documents indicating Ukrainian citizenship, with the exception

of procedures for termination of Ukrainian citizenship. A sample statement on un-

willingness to hold Ukrainian citizenship has already appeared on the website of the

Ministry of Internal Affairs of the Russian Federation

146

Morover, in addition to the new law, a draft decree of the President of the Russian Fed-

eration

147

, which provides for that the Ministry of Internal Affairs of the Russian Feder-

ation and its territorial bodies check persons who, after relinquishing their Ukrainian

passport, continue to enjoy the rights of a citizen of Ukraine, has been proposed. In

case of revealing a violation of the requirement — namely, not to take actions re-

garding the realization of the rights or compliance with the obligations of a citizen

of Ukraine — the Ministry of Internal Affairs of the Russian Federation or its territorial

body shall issue a reasoned opinion that the citizen of the Russian Federation does

not fulfill his obligations. This opinion shall be sent to the citizen himself and to the

FSB (the Federal Security Service)

148

Federal Law No. 138-FZ On Citizenship of the Russian Federation

149

, signed by Vladi-

mir Putin on 28 April 2023, became the quintessence of at least twenty amendments

made to Russian specialized legislation since the occupation of the Crimean Penin-

sula in 2014. In accordance with part 5 of Article 16 of the mentioned regulatory act, a

minor foreigner may be admitted to Russian citizenship if his parents, adoptive par-

ents, guardians are already citizens, or if the child is placed in a Russian organization

for orphans and children left without parental care. Together with the above-men-

tioned Decree of the President of the Russian Federation No. 330

150

on the accelerated

procedure for the acceptance of these vulnerable categories of minors into Russian

citizenship, it can be affirmed about the purposeful and deliberate imposition of the

citizenship of the aggressor state on them and the intention to keep them in Russia

forever.

The April 2023 bulletin of the Russian Commissioner for Children’s Rights contains in-

formation that “All children [at least 380 people] who were placed under guardianship

have acquired citizenship of the Russian Federation, but they also retain citizenship

of the LPR, DPR or Ukraine. [...] When the children reach adulthood (18 years old), they

will be able to decide for themselves whether they want to remain Russian citizens.

[...] they must renounce their Russian citizenship”

151

According to Article 10 of Federal Law No. 138-FZ On Citizenship of the Russian Fed-

eration, “a citizen of the Russian Federation who has dual citizenship or multiple citi-

zenship shall be considered by the Russian Federation only as a citizen of the Russian

Federation regardless of his place of residence, with the exception of cases provided

146

https://regulation.gov.ru/projects#npa=137377

147 https://regulation.gov.ru/projects#npa=137453

148 https://tass.ru/obschestvo/17502053

149 http://publication.pravo.gov.ru/Document/View/0001202304280013

150 https://www.garant.ru/hotlaw/federal/1546526/

151 http://deti.gov.ru/detigray/upload/documents/April2023/QYQjD1VHtlNu74bQuDAF.pdf

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

for by federal law or international treaty of the Russian Federation”

152

. As of the be-

ginning of May 2023, the Russian Federation has a corresponding agreement on dual,

not second, citizenship only with Tajikistan (signed on 7 September 1995). Therefore,

despite the stated possibility of retaining the citizenship of Ukraine, in fact, such a

possibility is worthless, because it is not provided for in the proper manner accord-

ing to Russian legislation. Moreover, upon reaching the age of majority, persons with

imposed Russian citizenship will be obliged to perform military service in the armed

forces of the Russian Federation

153

. Such a person will not be able to withdraw from

Russian citizenship and retain only Ukrainian citizenship, as Maria Lvova-Belova em-

phasizes, because according to Article 23 of Federal Law No. 138-FZ On Citizenship of

the Russian Federation, withdrawal is not allowed if the citizen has unfulfilled obli-

gations to the Russian Federation

154

. Compulsion to serve in the armed forces of an

opposing state is a serious violation of international humanitarian law and a war crime

under Article 8(2)(a)(v) of the Rome Statute

155

The Report of the group of experts of the Moscow Mechanism of the OSCE dated 4

May 2023 states that changing the nationality of Ukrainian children by granting them

152 https://www.consultant.ru/document/cons_doc_LAW_445998/

153 https://www.consultant.ru/document/cons_doc_LAW_28399/5004a75d54e54d5824c87ac2b96954f252610504/

154 Ibid.

155 Rome Statute of the International Criminal Code. Access mode: https://zakon.rada.gov.ua/laws/show/995_588#Text

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Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

Russian citizenship is a violation of Article 50(2) of the Geneva Convention relative to

the Protection of Civilian Persons in Time of War. Experts called on Russia to imme-

diately stop the existing practice of accelerated admission of Ukrainians, especially

children, to Russian citizenship and their withdrawal from Ukrainian citizenship. Rus-

sia should also create a legal mechanism to facilitate the restoration of the identity

of all children who were forcibly transferred to the temporarily occupied territories of

Ukraine or deported to the Russian Federation, in full compliance with Article 8(2) of

the UN Convention on the Rights of the Child

156

Maria Lvova-Belova insists that all the children agreed to receive Russian passports

and were happy with these documents

157

. The consent of minors referred to by the

Commissioner does not legitimize the imposition of Russian citizenship. According

to Clause 6 of Article 5 of the Law of Ukraine On Ensuring the Rights and Freedoms

of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine,

forced automatic acquisition of citizenship of the Russian Federation shall not be rec-

ognized by Ukraine and be a reason to lose Ukrainian citizenship

158

. Moreover, the Law

of Ukraine On the Citizenship of Ukraine does not provide for the right of a minor to

independently withdraw from the citizenship of Ukraine. Imposed Russian citizenship

contributes to the impossibility of preserving Ukrainian national identity, which does

not comply with Article 8 of the UN Convention on the Rights of the Child and the

principle of the best interests of the child in accordance with Article 3 of the Conven-

tion

159

and Committee on the Rights of the Children General comment No. 14

160

The coercion of children to obtain Russian citizenship is also manifested through the

blackmail of parents — they are threatened with dismissal at work and the refusal of

social benefits

161

, and the children themselves are threatened with the refusal to issue

a school certificate

162

In addition, there is a separate problem of minor Ukrainians who were deported or

were taken by their parents or guardians to the Russian Federation, but have no de-

sire to change Ukrainian citizenship and want to return home to Ukraine. Given that

such applicants have parents who are personally responsible for their life and health,

this issue and ways to resolve it require a coordinated, consolidated position of state

authorities, in particular, the Office of the Prosecutor General of Ukraine, the Ministry

of Social Policy of Ukraine, the National Social Service of Ukraine, the National Police

of Ukraine, the State Border Guard Service of Ukraine.

156

Moscow Mechanism, OSCE (2023). Report on Violations and Abuses of International Humanitarian and Human

Rights Law, War Crimes and Crimes against Humanity, related to the Forcible Transfer and/or Deportation

of Ukrainian Children to the Russian Federation. pp. 78–79. Access mode: https://www.osce.org/files/f/

documents/7/7/542751.pdf?fbclid=IwAR2dYYe7OGEr7OE7A0JHjffIDu8NT1D4_2AwhXA8JgwC8qVZdqoRWXfUyR8

157 Twitter: Ministry of External Affairs of Russia - @MID_RF. Access mode https://twitter.com/i/

broadcasts/1vAGRAVPkNvKl

158 The Law of Ukraine On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily

Occupied Territory of Ukraine. Access mode: https://zakon.rada.gov.ua/laws/show/1207-18#Text

159 UN Convention on the Rigths of the Child. Access mode: https://zakon.rada.gov.ua/laws/show/995_021#Text

160 Committee on the Rights of the Children General comment No. 14 (2013) on the right of the child to have his or

her best interests taken as a primary consideration (art. 3, para. 1)*. Access mode: https://www2.ohchr.org/english/

bodies/crc/docs/gc/crc_c_gc_14_eng.pdf

161 Telegram channel Artem Lysohor. Luhansk OVA. Access mode: https://t.me/luhanskaVTSA/7692

162 Telegram channel Andriushchenko Time. Access mode: https://t.me/andriyshTime/6678

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

Therefore, the Russian side implements a purposeful and systematic policy of chang-

ing the identity and imposing Russian citizenship on children who are in the occupied

territories or in the territory of the Russian Federation. This is done both as a result

of a direct change of citizenship of the children themselves, and by influencing their

identity by imposing citizenship on their parents.

2.5. Placing Ukrainian children in families of citizens

of the Russian Federation

The policy of the Russian Federation aimed at the illegal deportation and forcible

transfer of Ukrainian children to Russian families has been implemented since the

occupation of the Crimean Peninsula and the launch of armed aggression in eastern

Ukraine in 2014. As of 1 January 2014, there were 4,995 orphans and children deprived

of parental care living in the Autonomous Republic of Crimea and the city of Sevasto-

pol. The Russian Federation consistently denied Ukraine access to these children and

did not respond to inquiries about their fate. It became known from open sources

that minors of this category were given for adoption to Russian families. As men-

tioned, children from the temporarily occupied Crimea were transferred to Russian

families from the beginning of the occupation of the peninsula

163

. Similar actions were

also consistently implemented against children from the so-called DPR and LPR, de-

spite the opposition of Ukraine and some successful attempts to repatriate minors

164

Thus, at least 12 children were adopted and deported by citizens of the Russian Fed-

eration as part of the Train of Hope project in October-November 2014. Children aged

10 months to 8 years were sent to new families from the cities of Moscow, Belgorod,

the Republic of Adygea, Krasnodar Krai and Voronezh oblast

165

In 2016, Iryna Klyuyeva, the so-called Commissioner for Children’s Rights of the Re-

public of Crimea, announced the adoption of 43 Crimean orphans by Russians follow-

ing by the deportation of minors to the territory of the Krasnodar and Zabaykalsky

Krais, as well as the Leningrad oblast

166

. According to information from the Prosecu-

tor’s Office of the Republic of Crimea and the city of Sevastopol, for the period 2015-

2017, more than 1,900 children were adopted, placed under custody of foster families.

Currently, the fate of these children remains unknown. From 2014 until the start of

the full-scale invasion, Ukrainian children from the so-called LPR/DPR were also de-

ported and transferred to Russian families

167

. In particular, violations of the rights of

37 children from the Donetsk and Luhansk oblasts, who were forcibly deported to the

territory of the Russian Federation, became the subject of an interstate application

from Ukraine to the ECHR

168

163 Radio of Russia (2014). The Issue of Children. Issues 274-275. The Train of Hope - Crimea. Access mode: https://

deti.radiorus.ru/hopetrain/118

164 IA REGNUM (2015). In Russia, it is impossible to adopt a child from the DPR and LPR. Access mode: https://regnum.

ru/news/polit/1920057.html

165 According to information from the Prosecutor’s Office of the Autonomous Republic of Crimea as of 30 March 2023

166 https://crimea.ria.ru/20160605/1105416548.html

167 https://rutube.ru/video/private/e11642522fd2e55778805976cbb73912/?p=uK_qM3Z1-TveZHzQlD70qw

168 According to the response to the request of the Verkhovna Rada Commissioner for Human Rights to the Ministry of

Justice of Ukraine dated 3 April 2023.

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Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

From 24 February 2022, the forcible transfer of Ukrainian

children to the Russian national group finally acquired

the characteristics of a formed policy.

In April 2022, two special headquarters were created in

the Russian Federation for the synchronization of legisla-

tion and the development of forms of temporary guard-

ianship and adoption, and for the “search” of relatives of

children who are deported to the Russian Federation and

transferred to Russian families

169

. A network of dozens of

institutions has been deployed to house deported and

forcibly transferred children, which are under the con-

stant supervision of Russian law enforcement agencies

170

Existing vehicles were repurposed or new vehicles were

purchased to transport children

171

. The necessary amend-

ments are being made to the legislation and law enforce-

ment practice of the Russian Federation in order to speed

up the process of forced transfer (in the field of imposing citizenship, establishing

guardianship and adoption, creating additional incentives, executing the necessary

documents, absorbing data about children into the Russian federal database, etc.)

172

169 Retrieved on March 15, 2023, from http://deti.gov.ru/articles/news/otvety-po-voprosam-semejnogo-ustrojstva-

detej-sirot-iz-dnr-i-lnr-v-rossijskie-sem-i;

https://er.ru/activity/news/edinaya-rossiya-zakonodatelno-prorabatyvaet-vopros-ustrojstva-detej-sirot-

donbassa-v-rossijskie-sem-i

170 Yale University (2023). Russia’s systematic program for the re-education & adoption of Ukraine’s children. Access

mode: https://reliefweb.int/report/ukraine/russias-systematic-program-re-education-adoption-ukraines-children

171

The official website of the Commissioner under the President of the Russian Federation for the Rights of the Child

(2022). The headquarters of Into Children’s Hands humanitarian mission has been opened in the Donetsk Republic.

Retrieved on 15 March 2023, from http://deti.gov.ru/articles/news/shtab-gumanitarnoj-missii-detyam-v-ruki-

otkrylsya-v-doneckoj-respublike

172 Retrieved on March 17, 2023, from

http://publication.pravo.gov.ru/Document/View/0001202205250004

http://duma.gov.ru/news/55420/

https://360tv.ru/news/mosobl/vyplaty-priemnym-roditeljam/

https://t.me/malvovabelova/1063

https://t.me/malvovabelova/466?single

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

Moreover, in the case of forcible transfer to Russian families, direct pressure of the

guardianship authorities of the Russian Federation and the social policy departments

of regional authorities on the so-called resource families (families that already have

adopted children or children under custody) with the aim of encouraging them to

take Ukrainian children for upbringing

173

. In addition, in propaganda materials, in par-

ticular, in the series of films about Ukrainian minors transferred to Russian families,

“Childhood. Return”

174

, the purpose of the transfer - the return of “lost” Ukrainians to

Russia – was mirrored in accordance with the dogma of “one nation” proclaimed by

Putin

175

The Moscow oblast became a pilot

region for placement of Ukrainian

children in Russian families. Back in

April 2022, a “humanitarian project to

help orphans in Donbass” was pro-

posed in the region. The initiator of

the project was Andriy Vorobyov, the

governor of the Moscow oblast, and

the “head” of the so-called DPR De-

nis Pushylin, the vice-speaker of the

Federation Council Andriy Turchak,

the vice-speaker of the State

Duma Anna Kuznetsova, the deputy head of the government of the Moscow oblast

Vyacheslav Dukhin and Commissioner for Children’s Rights in the Russian Federation

Maria Lvova-Belova. The essence of the project was to find relatives of the children,

but only in the territories temporarily occupied by the Russian Federation, or in the

Russian Federation itself. If no relatives were found in these territories, the children

were planned to be placed under interim custody

176

The program piloted in the Moscow oblast, as of June 2022, has already been imple-

mented in Moscow, the Yamalo-Nenets Autonomous District, the Kaluga, Tula, Ros-

tov, and Voronezh oblasts of the Russian Federation

177

In 16 regions of the Russian Federation, Ukrainian minors were forcibly transferred to

Russian families. As of the end of 2022, the number of such children is at least 400

178

Since October 2022, according to the testimony of Maria Lvova-Belova, the Commis-

173 BBC News (2022). “We are in a hurry, they are calling from Moscow.” How a boy from Donbass ended up in a Russian

family and acquired Russian citizenship. Access mode: https://www.bbc.com/russian/features-62917712

NGSRU (2022). “I raised my son, gave it to the Motherland”: a Siberian woman took up two children from Luhansk.

Retrieved on March 17, 2023, from https://ngs.ru/text/family/2022/10/25/71761355/

174 ПРАVДА ZДЕСЬ (2022). Childhood. Return (5 series). Access mode: https://www.youtube.com/watch?v=9d2Kq8

d69M0&list=PLircJr3M-GtmgpEJNDV9PHlP5j2-e6GHS

175 Vladimir Putin (2021). On the historical unity of Russians and Ukrainians. Access mode: http://kremlin.ru/events/

president/news/66181

176 https://360tv.ru/news/mir/podmoskove-pomozhet-s-ustrojstvom-detej-sirot-iz-ldnr-v-priemnye-semi-v-rossii/

177 Foster families in Yamalo-Nenets Autonomous District are ready to accept children from Donbass / URA.RU. Access

mode: https://ura.news/news/1052560207

178 RCHR (2022). Genocide in Ukraine: Legal assessment. Access mode: https://drive.google.com/file/

d/1zaR3WTTRp4RMgBzOQ3_IF7O_YjS6I2OD/view?usp=sharing

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Peculiarities of the situation of children in the temporarily occupied

territories of Ukraine and children transferred to the Russian Federation

sioner for Children’s Rights under the President of the Russian Federation, there is

no special procedure for establishing guardianship or adoption of minors from the

temporarily occupied territories of Ukraine

179

. Considering the secrecy of adoption,

which is provided for in Article 139 of the Family Code of the Russian Federation, the

number of victims of forced transfer to Russian families may be much higher

180

. The

information from the official website of the Administration for Family and Childhood

of the Krasnodar Krai, published in August 2022, about the adoption by Russians from

Tyumen, Irkutsk, Kemerovo, and Altai Krai of more than a thousand Ukrainian children

deported from Mariupol, indirectly testifies in favor of such an assumption. These

publications were later removed from the website

181

The Russian side purposefully deports Ukrainian children to its territory, without tak-

ing measures to find their relatives and without informing the Ukrainian side about

such relocation, and places such children in Russian families under various condi-

tions. These actions are aimed at making it impossible for the children to return to

Ukraine and to completely sever their connection with the Ukrainian national group.

Such actions of the Russian side may contain signs of the crime of genocide.

179 Interfax (2022). Orphans from the DPR, LPR, Kherson and Zaporozhye regions will be transferred to foster families

in accordancy with the usual procedure – Children’s ombudsman. Access mode: https://www.interfax-russia.ru/

index.php/south-and-north-caucasus/main/deti-siroty-iz-dnr-lnr-hersonskoy-i-zaporozhskoy-oblastey-budut-

peredav%E2%80%A6

180 Family code of the Russian Federation of 29 December 1995 № 223-FZ (ed. of 19 December 2022). Access mode:

http://www.consultant.ru/document/cons_doc_LAW_8982/

181 New Newspaper Europe (2022). The guardianship service of Krasnodar announced the adoption of “more than

1,000 babies from the liberated Mariupol”, and then deleted the news. Access mode: https://novayagazeta.

eu/articles/2022/08/24/sluzhba-opeki-krasnodara-soobshchila-ob-usynovlenii-bolee-1000-malyshei-iz-

osvobozhdennogo-mariupolia-a-potom-udalila-novost-news

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

§ 3 Political assessment and legal

classification of the actions of

the aggressor state towards

Ukrainian children

According to Articles 7 (1) (d), 8 (2) (a) (vii)-1 and 8 (2) (b) (viii) of the Rome Statute,

unlawful deportations and forced transfers of civilians, including children, may be

qualified as crimes against humanity and/or war crimes.

The Report on Violations of International Humanitarian and Human Rights Law, War

Crimes and Crimes against Humanity Committed in Ukraine (1 April — 25 June 2022)

by the panel of experts of the Moscow Mechanism of the OSCE states: “During the

visit to Ukraine, the mission received confirmation of the existence of cases of depor-

tations, although [...] could not obtain the exact number of affected children. Mass

forced transfers of civilians during the conflict to the territory of the occupying pow-

er are prohibited by the Geneva Conventions of 1949. This practice is considered a war

crime.”

182

Report on Violations of Internation-

al Humanitarian and Human Rights

Law, War Crimes and Crimes against

Humanity Committed in Ukraine

(1 April - 25 June 2022)

The report of the Independent International Commission of Inquiry on Ukraine, among

other things, includes information on the forced transfer and deportation of children,

which “are tantamount to war crimes.” The commission identified three main cases

when the Russian authorities transferred Ukrainian children from some areas con-

trolled by the Russian authorities in Ukraine to other such areas or to the Russian

Federation. In particular, these are children who:

182 Report on Violations of International Humanitarian and Human Rights Law, War Crimes and Crimes against

Humanity Committed in Ukraine (1 April – 25 June 2022), 14 лип�½я 2022 року. Access mode: https://reliefweb.

int/report/ukraine/report-violations-international-humanitarian-and-human-rights-law-war-crimes-and-

crimes-against-humanity-committed-ukraine-1-april-25-june-2022

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Political assessment and legal classification of the actions

of the aggressor state towards Ukrainian children

lost parents or temporarily lost contact with them during military operations;

are separated from parents, when one of the parents was detained at the so-called

filtering points;

and children who were at care institutions.

Experts suggested that “Russian government officials have taken legal and political

measures against Ukrainian children transferred to the Russian Federation, in particu-

lar, granting Russian citizenship and placing children in foster families, which probably

creates grounds for which some of the children will have to stay forever in the Russian

Federation. In this regard, in May 2022, President Putin signed a decree on simplifying

the procedure for obtaining citizenship of the Russian Federation for certain catego-

ries of children. In July 2022, Maria Lvova-Belova, the Commissioner for the Children’s

Rights under the President of the Russian Federation, stated in an interview with the

media that “now that the children have become citizens of Russia, temporary guard-

ianship can become permanent.” In October 2022, the Commissioner stated that the

Russians “will set up a normal procedure for placing children — all these children will

enter the federal data bank, and all parents who have expressed a desire to adopt chil-

dren in large numbers will be able to choose those who are close to them.” According

to Lvova-Belova, because of difficulties with the “new parents” visiting the territories,

not far from the hostilities, the authorities of the Russian Federation will “help with

the arrival” of the children in the Russian Federation. The publication containing the

relevant statement of the Commissioner was removed from the official website of the

Interfax news agency.

The commission found that the transfer of children did not meet the requirements

established by international humanitarian law and was not justified by security or

health reasons. In addition, according to experts, there was an opportunity to evac-

uate the children to the territory under the control of the government of Ukraine.

The Report indicated that, probably, the Russian authorities did not try to establish

contact with the children’s relatives or with the Ukrainian authorities. Although the

transfers were supposed to be temporary, for various reasons most of them became

long-term, and parents or legal guardians and children faced a number of obstacles

in establishing contact, family reunification and returning the children to Ukraine.

According to Article 85(4)(b), “Unjustified delay in the repatriation of prisoners of war

or civilians” is a serious violation of Protocol Additional I. The fact that the article was

adopted by consensus is significant, indicating the customary nature of the rule and

the universal recognition of its binding nature. Unjustified delay in repatriation as a

serious violation of laws and customs applied in international armed conflicts within

the established framework of international law is a war crime

183

On March 17, 2023, the Pre-Trial Chamber of the II ICC issued warrants of arrest for

Vladimir Putin and Maria Lvova-Belova in connection with war crimes in the form of

illegal deportation of the population (children) and illegal transfer of the population

(children) from the occupied territories of Ukraine to Russia (according to with Arti-

cles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). In his Statement, Prosecutor of

183 Legal Commentary on the Right to Challenge the Lawfulness of Detention in Armed Conflict. Access mode:

https://www.icj.org/wp-content/uploads/2015/09/Universal-Commentary-WGAD-PrincGuideArmedConflict-

Advocacy-2015-ENG.pdf

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

the ICC Karim Khan emphasized that the incidents uncovered by his Office include

the deportation of at least hundreds of children taken from orphanages and children’s

homes. Many of these children were given up for adoption in the Russian Federation.

In order to speed up the granting of Russian citizenship, the legislation of the Russian

Federation was changed by issuing presidential decrees. According to the Prosecu-

tor’s Office, such actions were aimed at facilitating the adoption of Ukrainian children

by Russian families, and the suspects intended to permanently take the minors from

their own country. Illegal deportations and forcible transfers of children were carried

out in the context of acts of aggression committed by Russian military forces against

the sovereignty and territorial integrity of Ukraine, which began in 2014

184

Situation in Ukraine: ICC judges

issue arrest warrants against Vlad-

imir Vladimirovich Putin and Maria

Alekseyevna Lvova-Belova

The Russian Federation tries to justify illegal deportations and forced transfer on hu-

manitarian grounds, in particular, portraying this process as evacuation. The decision

of the Trial Chamber in the case “Prosecutor v. Blagojevich and Jokic”

185

emphasized

that evacuation should be a voluntary decision of the affected party. In this context,

coercion is not limited to physical force and also includes the threat of violence, ha-

rassment, detention, psychological oppression, abuse of power, deliberate creation

of an environment of danger. Parties to the conflict have an obligation to prevent

transfer caused by their own actions, including intimidation of the population and

indiscriminate attacks. In addition, the evacuation rule has a protective element that

is absent in the case of deportation.

The actions of the Russian Federation aimed at illegal deportations

and forced transfer of Ukrainian children have been repeatedly con-

demned, both at the level of foreign parliaments and in regional and

international organizations.

For example, on 15 September 2022, the European Parliament adopted the Resolution

on human rights violations in the context of the forced deportation of Ukrainian civil-

ians to Russia and the forced adoption of Ukrainian children in Russia (2022/2825(RSP)).

The Resolution, among other things, strongly condemns the forced deportation of

Ukrainian civilians, including children, to Russia, as well as Russia’s disgusting practice

184 Statement by Prosecutor Karim A. A. Khan KC on the issuance of arrest warrants against President Vladimir

Putin and Ms Maria Lvova-Belova. Access mode: https://www.icc-cpi.int/news/statement-prosecutor-karim-

khan-kc-issuance-arrest-warrants-against-president-vladimir-putin

185 Judgement in the Case The Prosecutor v. Vidoje Blagojevic and Dragan Jokic. Access mode: https://www.icty.

org/en/sid/8661

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Political assessment and legal classification of the actions

of the aggressor state towards Ukrainian children

in so-called filtration camps in which families are separated. In addition, the European

Parliament called on Russia to fully comply with its obligations under international

law and immediately stop the forced deportation and forced transfer of children to

the territories occupied by Russia and to the Russian Federation, cancel any interstate

adoptions of children taken from the entire internationally recognized territory of

Ukraine, reverse all laws promoting the adoption of Ukrainian children

186

On 5 April 2023, responding to the Russian Federation’s desire to use the informal UN

Security Council Arria-formula meeting as a platform for disinformation, 49 states and

the EU unanimously condemned the actions of the Russian Federation in Ukraine, in

particular, the forced deportation of Ukrainian children, as well as other serious viola-

tions against children. committed by the Russian military in Ukraine

187

Article 2 (e) of the Convention on the Prevention and Punishment of the Crime of

Genocide (hereinafter — the Genocide Convention)

188

, reproduced in Article 6 (e)

of the Rome Statute of the International Criminal Court, provides for that “forcible

transfer of children from one human group to another” is the crime of genocide if it

is committed with the intent to destroy, in whole or in part, any national, ethnic, racial

or religious group as such.

The abduction of children from the occupied territories of Eastern European states

for the purpose of their Nazism during the Second World War was recognized as a

particularly cruel and unacceptable act by the international community. In the judg-

ment of the Nuremberg Military Tribunal in Greifelt et al. (the so-called RuSHA case)

dated 10 March 1948, this practice was qualified as genocide

189

. Subsequently, this

conclusion was repeated in decisions on cases of forcible transfer of children, which

were considered by the Supreme National Tribunal of Poland and the Military Court

of Great Britain

190

The forcible transfer of children from one human group to another has been en-

shrined as one of the material elements of the crime of genocide since 28 March 1947.

In the commentary to Article 3 (a) of the draft Convention on the Prohibition of Geno-

cide, prepared by the Economic and Social Council, it is emphasized that “the separa-

tion of children from their parents leads to the imposition of a culture and mentality

different from the parents’ mentality on the children, who are at a vulnerable and

receptive age. Such a process, as a rule, leads to the disappearance of the group as

186 European Parliament resolution of 15 September 2022 on human rights violations in the context of the forced

deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia (2022/2825(RSP)),

15 September 2022. Access mode: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022IP0320

187 Deportation of Ukrainian children: «Russia cannot deny the truth», 5 April 2023. Access mode: https://

onu.delegfrance.org/deportation-of-ukrainian-children-no-amount-of-disinformation-spread-by-

russia?fbclid=IwAR0Vq5-IS3o-X2S1PGh255u00V5cMU61E6BpjLklu0j-43AxMbRCBtlDXBc

188 Convention on the Prevention and Punishment of the Crime of Genocide (9 December 1948). Access mode:

https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20

Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf

189 Nuremberg International Military Tribunal, “Indictment,” in Trial of the Major War Criminals before the

International Military Tribunal under Control Council Law no. 10. Vol. 1 (Washington D.C.: Government Printing

Office, 1947), 50

190 The United Nations War Crimes Commission, Law Reports of Trials of War Criminals, Vol. 7 (London: The

United Nations Crimes Commission and His Majesty’s Stationery Office, 1948); The United Nations War Crimes

Commission, Law Reports of Trials of War Criminals, Vol. 13 (London: The United Nations Crimes Commission

and His Majesty’s Stationery Office,1949)

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a cultural unit in a relatively short time.

191

” The relevant considerations, among other

things, testify to the universal vision of the members of the international community

of children as a key component of the social and cultural well-being of the state and

the survival of the nation.

The prohibition of genocide is a peremptory norm of international law (jus cogens),

which makes any deviation from it impossible. It existed at the universal level even

before the adoption of the relevant UN Convention, as evidenced, in particular, by

UN General Assembly Resolution 96(1) “The Crime of Genocide” dated 11 December

1946

192

. In 1951, the UN International Court of Justice declared that the prohibition

of genocide is binding on states even in the absence of a treaty obligation

193

. The

problematic point in this case is that, usually, the state and individuals who commit

genocide in the form of forcible transfer of children to another human group refer to

humanitarian considerations in order to justify their actions. At the same time, the

damage caused to forcibly transferred children and their rights makes appropriate

references impossible, as reflected in the position of prosecutor Harold Nilly in the

case “United States America v. Greifelt” (US Military Tribunal, Nuernberg, 10 October

1947 – 10 March 1948). The prosecutor insisted that the guilty person is not protected

by the reference to the good treatment of the victim. Innocent children were ab-

ducted precisely for the purpose of teaching them Nazi ideology and raising them as

“good” Germans. This is an aggravating, not a mitigating, circumstance.

194

”

Among the arguments in favor of recognizing the forcible transfer of

children to another human group as genocide, there are primarily two:

destructive consequences of such practice for the existence of the

group, and

children belong to vulnerable groups of victims who can be imposed

the identity of the criminal.

During the development of the Convention on the Prohibition of Genocide, the del-

egate from the United States, John Maktos, as well as the delegate from Greece, Al-

exander Vallindas, argued that because of its harmful effect, the forcible transfer of

children is not a form of cultural, but physical or biological genocide. It is interesting

that the Soviet delegate Valery Morozov strongly opposed the inclusion of this mate-

rial element in the text of the Convention on the Prohibition of Genocide. He argued

that the forcible transfer of children “goes far beyond the established provisions” and

in retrospect none of these acts constituted genocide because the target group was

not exterminated. Morozov equated genocide with physical extermination, which was

not supported by the international community even during the drafting of the Con-

vention on Genocide

195

191 The United Nations Secretary General, “E/447 Draft Convention for the Prevention and Punishment of

Genocide, Dated June 26, 1947,” in The Genocide Convention: The Travaux Préparatoires, Vol. 1, 235.

192 UN General Assembly Resolution 96 (1) “The Crime of Genocide” dated December 11, 1946. Access mode:

https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/47/PDF/NR003347.pdf?OpenElement

193 ICJ. Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide. Access

mode: https://www.icj-cij.org/case/12

194 International Military Tribunal, Trials of War Criminals before the Nuernberg Military Tribunals Under Control

Council Law no. 10, Vol. 4 (Washington D.C.: Government Printer, 1949), 674

195 Sixth Committee of the UN General Assembly, UN Document A/C.6/238, Third Session Dated October 19, 1948

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Political assessment and legal classification of the actions

of the aggressor state towards Ukrainian children

In subsequent international judicial practice regarding the interpretation of the mentioned

treaty, it was established that the purpose of criminalizing the forcible transfer of children

as genocide is not only to sanction the direct act of forcible physical transfer, but also the

threats or injuries that led to the implementation of such acts. In addition, since the Con-

vention does not provide for either the form of transfer of minors (adoption, guardianship,

placement in institutions), nor the length of stay of minors outside their group, provided

there is a special intent, even temporary transfer may be qualified as genocide.

Russia has considerable experience in implementing a policy of eradicating the identi-

ty of minors from protected groups by separating them from their families and forcibly

Russifying them. Thus, since the 1920s, children from among the indigenous peoples of

Siberia were taken away without their parents and placed in remote closed institutions

for “re-education”. In the 1940s, during the civil war in Greece, the USSR forcibly deport-

ed about 30 thousand Greek minors under the pretext of evacuation. The children were

placed in training camps in the territory of the countries of the socialist bloc, where

their militarization and indoctrination took place. In November 1948, this practice was

condemned in two resolutions of the UN General Assembly. These and subsequent res-

olutions demanding the return of minors were not implemented

196

The relevant actions of the Russian Federation towards the children of Ukraine are

not chaotic and sporadic, but have signs of a genocidal policy aimed at turning

Ukrainian children into enemies of their own nation. The pace and scope of the

implementation of the mentioned policy increased significantly in connection with

the full-scale invasion of Ukraine by Russia on 24 February 2022.

According to the ICC Elements of Crimes, in order to prove the com-

mission of genocide by forcible transfer of children from one protect-

ed group to another, the availability of the following elements must be

demonstrated:

The perpetrator forcibly transferred one or more persons.

The transferred persons belonged to a separate national, ethnic, ra-

cial or religious group.

The perpetrator acted with the intent to destroy, in whole or in part,

that national, ethnic, racial or religious group as such.

The transfer took place from one group to another.

The transferred persons were younger than 18 years.

The perpetrator knew or should have known about the age of the

transferred persons.

The conduct took place in the context of a clear pattern of similar

conduct directed against that group which itself could have caused

such destruction

197

196 Gary Busch (2022). Paidomazoma: The Abducted Greek Children. Access mode: https://www.linkedin.com/

pulse/paidomazoma-abducted-greek-children-gary-busch/?trk=pulse-article_more-articles_related-content-

card

197 ICC (2002). Element of crimes. Access mode: https://www.icc-cpi.int/sites/default/files/Publications/Elements-

of-Crimes.pdf

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

The elements of crimes provide for that the violent nature of the transfer must be

interpreted broadly, not only as the use of physical force, but also as coercion, threat

of force, detention, psychological pressure, abuse of power, creating an atmosphere

of fear and lack of freedom. The most debatable under these circumstances is the

voluntariness of the consent given by legal representatives for the transfer of children

from the temporarily occupied territories to “re-education” camps. In favor of the

forced nature of such a transfer of minors, the following facts testify:

psychological pressure (each of the cases of transfer of children followed by indef-

inite detention was preceded by the return of several groups of minors, which cre-

ated the illusion of safety and the feeling of a “bad mother (father)” in connection

with the refusal to repeat a “positive” experience);

abuse of power (representatives of the occupation administration, Russian military

and/or local collaborators came to homes and insisted on making the “right deci-

sion”);

threats and intimidation (parents’ refusal could be interpreted as a threat to the

best interests of the child, and, therefore, a reason for deprivation of parental rights

by the occupation authorities);

the general atmosphere (armed conflict with a permanent threat of indiscriminate

missile, air, and artillery strikes, limited access to information, misunderstanding

when deoccupation will take place).

In addition, “consent” was given for the temporary relocation, rest and return of the

child within the stipulated period depending on the institution (2-3 weeks). There-

fore, the actions of the Russians regarding the arbitrary extension of the period of

moving children, changing their place of stay (including without notifying the par-

ents), refusing to centrally return minors are not covered by consent given under

duress. Moreover, in one of the camps, about 200 Ukrainian children aged 14-17 were

kept without the consent of their parents

198

In the Report dated 4 May 2023, experts of the Moscow Mechanism emphasize that

“involuntary transfer always involves an element of coercion, but this element does

not necessarily involve the use of physical or other force. Rather, the emphasis is on

“the absence of real choice /…/ in the process of /…/ transfer”. At the same time, “it

does not matter whether the transfer is permanent or temporary.” The experts also

concluded that even despite the initial consent of their legal representatives for their

children to stay in the camps, the Russian occupation authorities’ arbitrary extension

of the terms of detention of minors constituted the transfer without consent and

separation from their families, which equates the situation of such children to forcibly

transferred or deported

199

198 Yale University (2023). Russia’s systematic program for the re-education & adoption of Ukraine’s children.

Access mode: https://reliefweb.int/report/ukraine/russias-systematic-program-re-education-adoption-

ukraines-children

199 Moscow Mechanism, OSCE (2023). Report on Violations and Abuses of International Humanitarian and Human

Rights Law, War Crimes and Crimes against Humanity, related to the Forcible Transfer and/or Deportation

of Ukrainian Children to the Russian Federation. pp. 33–34. Access mode: https://www.osce.org/files/f/

documents/7/7/542751.pdf?fbclid=IwAR2dYYe7OGEr7OE7A0JHjffIDu8NT1D4_2AwhXA8JgwC8qVZdqoRWXfUyR8

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Political assessment and legal classification of the actions

of the aggressor state towards Ukrainian children

By manipulating the consciousness of legal representatives who are in a vulnera-

ble situation, senior officials of the Russian Federation, as well as representatives of

the administration of child care facilities, threaten them with criminal liability from

Ukraine for collaborationist activities

200

. As of 9 May 2023, not a single case of crim-

inal or administrative prosecution of legal representatives of minors, forcibly trans-

ferred and/or deported to the territory under the control of the Russian Federation

in connection with “consent” given under duress has been recorded. Moreover, the

Secretariat of the Ukrainian Parliament Commissioner for Human Rights emphasiz-

es that there cannot be any criminal liability in this case, and legal representatives

and minors are victims of the Russian policy aimed at forcibly changing the identity

of children, separating them from their families, militarization and indoctrination of

consciousness.

Intimidating the legal representatives, Russian agents seek to leave them and the

children forever in the territories under the control of the Russian Federation. Such

actions, together with several hours of “preventive talks” with the participation of

representatives of the security forces, attempted bribery and threats to intensify hos-

tilities, testify in favor of the presence in the actions of the responsible persons of

the signs of a separate war crime, namely: the unjustified delay in the repatriation of

minors

201

In the Report dated 4 May 2023, the experts of the Moscow Mechanism note that the

absence of a separate system for the repatriation of Ukrainian children taken from

the theater of hostilities is a violation of the right to repatriation and the obligation

to facilitate such return. The pattern efforts of the Russian authorities testify to the

deliberate impossibility of further evacuation of minor children to third countries or

back to safe areas of Ukraine. Experts of the Moscow Mechanism also emphasized

that even in the case of the advance of the Ukrainian armed forces, the Russian Fed-

eration itself was obliged to look for alternative ways and methods of timely return of

children

202

In order to identify whether minors belong to one of the protected groups in ac-

cordance with the understanding of Article 2 of the Convention on Genocide, the

criterion of citizenship is important. First of all, because a child’s self-identification

as a member of a protected group is not permanent and depends, in particular, but

not exclusively, on age, upbringing and social environment. In addition, according to

existing international jurisprudence, a “national group” is a set of people who have

a common legal relationship, based on common citizenship, combined with mutual

rights and obligations

203

200 https://www.1tv.ru/shows/antifeyk/vypuski/antifeyk-vypusk-ot-14-04-2023

201 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of

International Armed Conflicts (1977). Article 85. Access mode: https://zakon.rada.gov.ua/laws/show/995_199#Text

202 Moscow Mechanism, OSCE (2023). Report on Violations and Abuses of International Humanitarian and Human Rights

Law, War Crimes and Crimes against Humanity, related to the Forcible Transfer and/or Deportation of Ukrainian

Children to the Russian Federation. pp. 45, 49. Access mode: https://www.osce.org/files/f/documents/7/7/542751.pdf?f

bclid=IwAR2dYYe7OGEr7OE7A0JHjffIDu8NT1D4_2AwhXA8JgwC8qVZdqoRWXfUyR8

203 Prosecutor v. Akayesu (2001), ICTR, paras 512. Access mode: https://www.refworld.org/cases,ICTR,40278fbb4.html

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

According to Article 7 of the Law of Ukraine On the Citizenship of Ukraine, a person

whose parents or one of parents were citizens of Ukraine at the time of his/her birth,

as well as persons who were born in the territory of Ukraine from stateless persons

who legally reside in the territory of Ukraine, shall be citizens of Ukraine

204

. The im-

position of Russian citizenship on minors from the temporarily occupied territories

does not affect the children’s affiliation to the Ukrainian national group. Such an act is

a violation of international law and has been repeatedly condemned at the universal

level in the resolutions of the UN General Assembly

205

, and at the regional level — in

EU statements

206

. According to paragraph 6 of part 2 of article 5 of the Law of Ukraine

On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Tem-

porarily Occupied Territory of Ukraine, “Forcible automatic acquisition of citizenship

of the Russian Federation by citizens of Ukraine living in the temporarily occupied

territory is not be recognized by Ukraine and is not a reason for the loss of Ukrainian

citizenship.

207

”

Children who were deported from the temporarily occupied territories of Ukraine and

transferred to Russian families may also be identified as members of the Ukrainian

national group in connection with other objective criteria: connection with the terri-

tory and ethnic group, language, culture, traditions The existing practice of interna-

tional court tribunals is in favor of this approach. In Judgement on case “Prosecutor v.

Vidoje Blagojevic and Dragan Jokic” the Trial Chamber emphasized: “A group consists

of individuals, as well as its history, traditions, connections between members and

with other groups, relations with the land. [...] the physical or biological destruction

of a group is the likely result of a violent transfer of a population, if this transfer is

carried out in such a way that the group can no longer restore itself, especially when

it involves the separation of its members.

208

”

With its actions aimed at the illegal deportation and forcible transfer of

Ukrainian children to the Russian national group, the aggressor state,

among other things, seeks to implement the policy of demographic

engineering.

On 11 January 2023, during a meeting with members of the government, Putin called

for special attention to be paid to acute problems in the field of demography of the

Russian Federation

209

. He named 5 regions with low birth rates, which are the Pen-

za, Leningrad and Ryazan oblasts, in which deported Ukrainian children were forcibly

204 Law of Ukraine On Citizenship of Ukraine. Access mode: https://zakon.rada.gov.ua/laws/show/2235-14#Text

205 Resolution 72/190 “Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol,

Ukraine”, adopted by the General Assembly on 19 December 2017. Access mode: https://undocs.org/Home/Mobi

le?FinalSymbol=A%2FRES%2F72%2F190&Language=E&amp

206 Ukraine: Declaration by the High Representative on behalf of the EU on attempts of the Russian Federation to

forcefully integrate parts of Ukrainian territory. Access mode: https://www.consilium.europa.eu/de/press/press-

releases/2022/06/03/ukraine-declaration-by-the-high-representative-on-behalf-of-the-eu-on-attempts-of-the-

russian-federation-to-forcefully-integrate-parts-of-ukrainian-territory/

207 The Law of Ukraine On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily

Occupied Territory of Ukraine. Access mode: https://zakon.rada.gov.ua/laws/show/1207-18#Text

208 ICTY, Ch. I, Prosecutor v. Vidoje Blagojevic and Dragan Jokic, Judgment, IT-02-60-T, January 17, 2005, p.666.

Access mode: https://www.icty.org/x/cases/blagojevic_jokic/tjug/en/bla-050117e.pdf

209 RIA News (2023). Putin urged to pay special attention to problems in the field of demography. Access mode:

https://ria.ru/20230111/demografiya-1844142696.html

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Political assessment and legal classification of the actions

of the aggressor state towards Ukrainian children

transferred to Russian families, as well as the Smolensk oblast and the Republic of

Mordovia, where children were deported under the pretext of evacuation or re-edu-

cation.

In favor of the existence of a policy regarding the forcible transfer of Ukrainian chil-

dren to the Russian group, the statements of Russian officials testify. Thus, Maria Lvo-

va-Belova calls the activity related to the “placement” of Ukrainian minors in Russian

families as “jewellery” one

210

. The statements of high-ranking officials are supported

by cpecific actions, and the process of forcible transfer of minor Ukrainians is well

institutionalized.

Russia is trying to legitimize deportations and forcible transfer, referring to the need to

take Ukrainian minors “for security and humanitarian reasons” (the so-called “evacua-

tion”), for rest and recreation (placement in so-called “re-education camps”), to receive

medical services (within “preventive medical examination”). For this purpose, propa-

ganda mechanisms are actively used: interviews with competent high-ranking officials,

information digests, videos with testimonies of deported children and the families that

took them in for upbringing. At the same time, commenting on the forcible transfer of

Ukrainian children to Russian families, the Commissioner Maria Lvova-Belova noted in

April 2023: “It is important to understand that the territories of the DPR and LPR have

been shelled by the Armed Forces for many years, and most of the orphans from social

institutions of the republics are aware of this. Children do not perceive Russia as an

enemy and expect protection and help from us, therefore staying in a safe territory in

Russian foster families is not a traumatic circumstance for them.” At the same time, the

Commissioner’s bulletin mentions at least 28 children deported from Mariupol who are

staying in Russia in family forms of upbringing

211

. Back in July 2022, Maria Lvova-Belova

testified that these minors showed a negative attitude towards the Russian Federa-

tion, hated President Putin, sang the Ukrainian national anthem and shouted “Glory to

Ukraine”. After being forcibly transferred to Russian families, the children, according to

the Commissioner, “began to love” Russia

212

The ultimate goal of the implementation of the policy of the Russian Federation is

the eradication of Ukrainian national identity in minors, turning them into enemies

of their own nation, absorbing them into the Russian national group and making the

future existence of a part of the Ukrainian national group impossible by breaking the

ties of kinship between generations. Such forcible transfer of children can lead to the

physical disappearance of the group, as the group ceases to exist as it was.

210 Official website of the Commissioner for Children’s Rights under the President of the Russian Federation

(2022). In the near future, foster families in 6 regions of Russia will take care of 108 children from the DPR.

Access mode: http://deti.gov.ru/articles/news/v-blizhajshee-vremya-priemnye-sem-i-6-regionov-rossii-voz-

mut-pod-opeku-108-detej-iz-dnr

211 Access mode: http://deti.gov.ru/detigray/upload/documents/April2023/QYQjD1VHtlNu74bQuDAF.pdf

212 Twitter “Grani.Ru” - @GraniTweet. Access mode: https://twitter.com/GraniTweet/status/1575131149722177538?ref_

src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1575131149722177538%7Ctwgr%5E94cb18f903

5fe161cb71c5c0cf3d4003a1ed8220%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Ftelegraf.com.ua%2Fnovosti-

rossii%2F2022-09-28%2F5717760-obzyvali-putina-i-peli-gimn-ukrainy-v-rf-pokhvastalis-chto-perevospitali-

detey-iz-mariupolya-video

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

The corresponding intention can be interpreted from the statements of Russian

agents. The most demonstrative from this point of view is the thesis of Maria Lvo-

va-Belova during a speech at a briefing in the Public Chamber of the Russian Fed-

eration. The Commissioner positively evaluates the experience of “re-education” of

deported minors from Mariupol, who, despite the fact that at first, they were hostile

to everything Russian, after a few months of stay in families in the territory of the oc-

cupying state, began to integrate into Russian society and love Russia

213

. Funds from

the Presidential Grants Fund are allocated for the formation of favorable attitudes

towards the Russian Federation. Thus, more than 299 million rubles (about 3,642,743

dollars) was received by Assistance to Orphans of Donbass project, one of the tasks

of which is “organization of patriotic upbringing of orphans — pupils of orphanages

of the so-called DPR/LPR and members of foster families using opportunities of Don

Cossacks” in the process of “changing the Motherland”

214

According to the testimony of the Commissioner for Children’s Rights under the Pres-

ident of the Russian Federation, Maria Lvova-Belova, rest in the camps was aimed at

familiarizing children with the Russian language, culture and prospects for a bright

future in Russia

215

. The representatives of the occupation administrations define the

goal even more pretentiously “to raise real patriots of the Motherland in the shortest

possible time”

216

. Obviously, the Russian Federation is understood as the motherland.

For example, the Deputy Prime Minister of the Republic of Tatarstan, Leyla Fazleeva,

noted that “all camps... are aimed at patriotic education of youth, development of

communication skills, and preservation of [Russian] cultural heritage.

217

” Such state-

ments indicate, at the very least, an attempt to “appropriate” Ukrainian children, weak-

ening the Ukrainian national group and strengthening the Russian one.

Given that statements regarding the transfer of Ukrainian children to the Russian

group and calls and incitements to do so are made publicly, as well as with the assis-

tance, and often - at the initiative and on behalf of official representatives of the Rus-

sian Federation, they are another confirmation of the existence of a formed policy of

the Russian side regarding the deliberate transfer of Ukrainian children in the Russian

national group.

In addition, for the Russification of Ukrainian children, forced transfer to Russian fam-

ilies is not mandatory. Taking into account the testimony of minors who managed to

be returned from “re-education” camps, it is possible to assert the desire of the Rus-

sians to eradicate the Ukrainian national identity also through temporary separation

from legal representatives, placement under the round-the-clock control of Russian

213 Information from the Telegram channel of Commissioner Maria Lvova-Belova. Access mode: https://t.me/

malvovabelova/605

214 https://xn--80afcdbalict6afooklqi5o.xn--p1ai/public/application/item?id=64BDD719-9788-4EDF-9468-

C843F7940776

215 Smotrim.ru (2022). Maria Lvova-Belova on reorganization of children’s homes and support for children from

new regions. Retrieved on March 17, 2023, from https://smotrim.ru/video/2537814

216 Official Telegram channel of the Head of the Republic of Crimea. Access mode: https://t.me/Aksenov82/1305

217 Tatar inform (2022). Leyla Fazleeva met with children from the LPR and DPR who are vacationing in the camps

of Tatarstan. Access mode: https://www.tatar-inform.ru/news/leila-fazleeva-vstretilas-s-detmi-iz-lnr-i-dnr-

otdyxayushhimi-v-lageryax-tatarstana-5875388

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Political assessment and legal classification of the actions

of the aggressor state towards Ukrainian children

agents together with peers from among Russian citizens, restrictions on communi-

cation with family, prohibitions to communicate in the Ukrainian language and to

show loyalty to Ukraine, transfer to study according to Russian educational programs,

militarization, indoctrination, involving in Russian Orthodoxy

218

The forcible transfer of Ukrainian children to the Russian national group takes place

in the conditions of the aggression of the Russian Federation against Ukraine. The

latter is accompanied by the commission of numerous war crimes and crimes against

humanity. According to international court judge Volodymyr Vasylenko, a character-

istic feature of the Russian genocide against the Ukrainian nation is precisely that its

material elements are other international crimes united by a common intention — to

destroy the Ukrainian national group as such, at least partially

219

Taking into account all the above-mentioned aspects in their totality, namely, the

existence of a state policy of the Russian Federation, which is also confirmed by the

public promotion of this policy by official representatives of the state, regarding the

deportation of Ukrainian children to the territory of Russia, cultural and educational

activities aimed at changing their consciousness, as well as the promotion of service

in the ranks of the Russian armed forces, the imposition of Russian citizenship on

children and their parents, the placement of children in Russian families, the actions

of the Russian Federation constitute the crime of genocide in terms of the forcible

transfer of children from one protected group to another.

218 Crimean precedent (2023). Recreation camps as another means of eradicating the Ukrainian national identity of

children from the occupied territories. Access mode: https://krymbezpravil.org.ua/analytics/tabory-vidpochynku-iak-

shche-odyn-zasib-vykorinennia-ukrainskoi-natsionalnoi-identychnosti- ditey-z-okupovanykh-terytoriy/

219 RCHR (2022). Genocide in Ukraine: Legal assessment. Access mode: https://drive.google.com/file/

d/1zaR3WTTRp4RMgBzOQ3_IF7O_YjS6I2OD/view?usp=sharing

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

§ 4 Actions of the authorities

of Ukraine aimed at the

protection of children’s rights

Since 2014, Ukraine has been taking measures to protect the rights of children in

the territories occupied by the Russian Federation, in conditions of limited access to

these territories. The severity of the violations by the Russian Federation and the re-

fusal to fulfill its obligations to ensure the rights of the child make it necessary to find

new means of protection after exhausting the previous ones.

However, the full-scale invasion led to the spread of the illegal policy of the Russian

Federation to new territories and contributed to the acceleration of the implementa-

tion of measures for the forcible integration of these occupied territories of Ukraine

and their population into the Russian Federation, in particular, the transfer of educa-

tion to the Russian program and the implementation of various extracurricular ac-

tivities (cultural events, military-patriotic education measures, sports competitions,

etc.), persecution for learning according to the Ukrainian program remotely, forced

passporting and imposition of Russian citizenship, activation of the deportation of

Ukrainian children to the Russian Federation.

4.1.

Collection of information and recording of all cases

of violations of children’s rights

One of the key tasks, which should contribute to the protection of children’s rights in

the conditions of armed aggression and occupation of part of the territory of Ukraine,

is the systematic actions of the state to collect and record all cases of violations of

children’s rights. State authorities and human rights organizations systematically work

on documenting committed war crimes, including those committed against children.

А. The Children of the War portal

The Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine, to-

gether with the National Information Bureau, the Office of the Prosecutor General,

Сhildrenofwar.gov.ua

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Actions of the authorities of Ukraine aimed

at the protection of children’s rights

the National Police of Ukraine, the Ukrainian Parliament Commissioner for Human

Rights, the Office of the President in the person of the Counselor-Commissioner for

Children’s Rights and Children’s Rehabilitation have joined forces to implement the

Decree of the President of Ukraine to create The Children of the War platform

220

. In-

formational and analytical support for the team is provided by Support for Ukraine’s

Reforms for Governence (SURGe) project funded by the Government of Canada.

This is a unified platform that collects information about children who suffered as a

result of the war (killed, injured, missing, deported), as well as information about cas-

es when children were found and returned.

In addition, the platform serves as a channel for reporting to law enforcement agen-

cies (in particular, the National Police of Ukraine, the Office of the Prosecutor Gener-

al), as well as the National Information Bureau about cases of disappearance of a child,

a crime committed against a child, detection of an unaccompanied child, deporta-

tion, forced change of citizenship and documents and other violations of children’s

rights during the war by registering appeals on the website.

It is important to note that the website itself does not aggregate information on the

number of deported children — these figures are accumulated and provided by the

National Information Bureau (SE Ukrainian National Center for Peacebuilding, which

is in the sphere of administration of the Ministry for Reintegration of the Temporarily

Occupied Territories of Ukraine). At the same time, it is not very clear how the NIB

receives and verifies information about children who were deported to the territory

of the Russian Federation.

В. Unified register of persons, including children, deported or forcibly transferred

in connection with the armed aggression of the Russian Federation against Ukraine

On 18 April 2023, the Cabinet of Ministers of Ukraine adopted Resolution No. 339 Cer-

tain Issues of Protection of Persons, Including Children, Deported or Forcibly Trans-

ferred in Connection with the Armed Aggression of the Russian Federation against

Ukraine

221

, which provides for the creation of a Unified Register of Persons, Including

Children Deported or Forcibly Displaced in Connection with the Armed Aggression

of the Russian Federation against Ukraine. The register will consolidate information

on all deported or forcibly transferred persons. Information will be entered into the

information from ministries, central and local authorities, heads of regional military

administrations. As of 15 May 2023, the registry has not yet started working.

220 The Children of the War portal. Access mode: https://childrenofwar.gov.ua

221 CMU Resolution: Some Issues of Protection of Persons, Including Children, Deported or Forcibly Displaced

in Connection with the Armed Aggression of the Russian Federation against Ukraine» dated 18 April

2023. Access mode: https://www.kmu.gov.ua/npas/deiaki-pytannia-zakhystu-osib-u-tomu-chysli-ditei-

deportovanykh-abo-prymusovo-peremishchenykh-u-zviazku-iz-zbroinoiu-ahresiieiu-rosiiskoi-federatsii-

proty-ukrainy-i180423-339

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

4.2. Investigation of war crimes against children and

bringing perpetrators to justice

The Office of the Prosecutor General of Ukraine provides procedural guidance in pro-

ceedings regarding war crimes recorded during the armed conflict. In total, more than

80,000 criminal offenses under Article 438 of the Criminal Code of Ukraine (violation

of the laws and customs of war) have been registered by the OPG at the moment

222

Since the beginning of the full-scale invasion of the Russian Federation on the terri-

tory of Ukraine, the Office of the Prosecutor General has singled out the area of doc-

umenting international crimes committed by the Russian military against Ukrainian

children, since children are a special category that is under the protection of interna-

tional humanitarian law.

So far, the prosecutor’s offices have recorded the facts of a number of serious vio-

lations against children committed by the military personnel of the aggressor coun-

try, which are war crimes according to the norms of international humanitarian law,

namely: recruitment and use of children; murder and maiming, rape and other forms

of sexual violence, attacks on schools, hospitals and protected persons associated

with them, abduction of children, denial of access to humanitarian aid.

As of May 15, 2023, more than 2,830 criminal proceedings are under in-

vestigation, including:

war crimes against children — 1,012;

on the facts of an armed attack on children’s organizations and insti-

tutions — 1,720;

on facts of sexual violence against children — 13;

on facts of deportation, forcible transfer, abduction — 85.

The Office of the Prosecutor General cooperates with the investigators and prosecu-

tors of the International Criminal Court. The prosecutors of the Department of Child

Protection and Combating Domestic Violence provided the ICC with more than 40

volumes of criminal proceedings materials for examination, prepared and transferred

more than one thousand sheets of criminal proceedings materials (evidence on phys-

ical media), including electronic evidence, protocols of inspections according to the

Berkeley method, protocols with video interviews of witnesses and victims.

On 17 March 2023, the International Criminal Court issued warrants of arrest for the

President of the Russian Federation and the Commissioner for Human Rights of the

Russian Federation based on a request from the Office of the Prosecutor of the Inter-

national Criminal Court.

222 The Office of the Prosecutor General. Access mode: https://www.gp.gov.ua/storage/uploads/9bb62ce5-8bbe-

4c76-8671-1c5a48fe143f/warcrime-25042023ua.jpg

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Actions of the authorities of Ukraine aimed

at the protection of children’s rights

The possibility of creating task forces regarding certain criminal proceedings, which

Ukraine is ready to refer to the International Criminal Court, was agreed between the

OPG and the ICC

223

. On 23 March 2023, the Prosecutor General signed the Agreement

on Opening the Representative Office of the ICC in Ukraine

224

One of the key areas of international cooperation is work within the framework of

the Joint Investigation Team (JIT). It includes 24 countries, including Poland, Estonia,

Lithuania, Latvia, Slovakia, Romania and the Prosecutor’s Office of the International

Criminal Court. Competent bodies of the JIT member countries (24 countries) have

the opportunity to interrogate victims and witnesses of the facts of forced transfer/

deportation of children who are in the territory of these countries.

The materials of the interrogations (surveys) of the victims and witnesses (includ-

ing documents, audio, video recordings, etc., provided by the interrogated) received

from the competent authorities of the JIT member countries, as well as other avail-

able information related to the pre-trial investigation of crimes related to the illegal

transfer/deportation of children as a war crime and as an element of genocide is evi-

dence in national level proceedings.

Since 24 February 2022, the Secretariat of the Commissioner has been collecting in-

formation on the facts of violations of children’s rights as a result of military oper-

ations. The Ukrainian Parliament Commissioner for Human Rights appealed to the

Prosecutor General with a proposal to join forces in order to take maximum measures

to investigate crimes against children in the conditions of a military conflict.

As part of cooperation, the Secretariat Commissioner documented 360 cases of death

and injury of children as a result of war crimes committed by the Russian Federation

in the territory of Ukraine and sent these cases to the Office of the Prosecutor Gener-

al for information and use in the work of juvenile prosecutors.

4.3. Coordination of efforts of various state authorities

Coordination of the activities of state authorities, national and international partners

involved in the implementation of measures for the protection and restoration of

children’s rights is an important task of the state. Effective coordination of state au-

thorities and non-state partners contributes to ensuring the restoration of the rights

of affected children.

At the beginning of the full-scale invasion, on 17 March 2022, the Cabinet of Ministers

of Ukraine established the Coordination Headquarters for the Protection of Children’s

Rights under Martial Law, however, at the very beginning it was not determined that

223 Special investigative groups will be created in Ukraine to collect evidence of Russian crimes for the ICC on 31

March 2023. Access mode: https://www.ukrinform.ua/rubric-society/3689981-v-ukraini-stvorat-specialni-slidci-

grupi-aki-zbiratimut-dokazi-zlociniv-rosii-dla-mks.html

224 On 23 March 2023, Prosecutor General Andrii Kostin signed the Agreement on the Opening of the Representative

Office of the International Criminal Court in Ukraine in The Hague. Access mode: https://www.gp.gov.ua/ua/posts/

genprokuror-andrii-kostin-u-gaazi-pidpisav-ugodu-pro-vidkrittya-predstavnictva-mks-v-ukrayini

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Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

the tasks of the Headquarters included issues related to the protection of children

affected by violations of their rights

225

Thus, the main activities of the Headquarters in the first months of its

work were:

Ensuring the safe transfer (evacuation) of children who live or are

enrolled for a 24-hour stay at institutions of various types, forms of

ownership and subordination, children placed in family forms of up-

bringing, to a safe territory.

Ensuring accommodation and meeting the needs of children trans-

ferred (evacuated) to safe territories, including control over consul-

ar registration in the state of their temporary accommodation.

Determining problematic issues related to the protection of chil-

dren’s rights arising in the conditions of martial law, and methods of

solving them

226

In March 2023, the Government’s Coordination Headquaters for the Protection of

Children’s Rights under Martial Law was headed by the Deputy Prime Minister — the

Minister for Reintegration of the Temporarily Occupied Territories

227

. Corresponding

amendments were made to the Regulations on the Coordination Headquarters, ac-

cording to which the Headquarters coordinates activities related to the return to the

territory of Ukraine of children who were forcibly transferred to the temporarily occu-

pied territory or to the territory of the Russian Federation or other states

228

In April 2023, as part of the activities of the Headquarters, there was a discussion on

the issues of identifying children deported to the Russian Federation, in particular,

orphans and children deprived of parental care and those who are in temporarily oc-

cupied territories

229

The issue of protection of children’s rights in the armed conflict was identified as one

of the priorities for the Office of the President of Ukraine. On 8 August 2022, Decree of

the President of Ukraine No. 568/2022

230

established the Coordination Council for the

Protection and Safety of Children, the tasks of which include a systematic analysis of

225 Resolution of the Cabinet of Ministers of Ukraine dated 17 March 2022 No. 302 On the Formation of the

Coordination Headquarters for the Protection of Children’s Rights under Martial Law

226 Coordination Headquarters for the Protection of Children’s Rights under Martial Law. 30 days of work. Access mode:

https://ombudsman.gov.ua/storage/app/media/uploaded-files/finalkoordinatsiiniishtabzpitanzakhistupravditinivumo

vakh.pdf

227 Iryna Vereshchuk was appointed the head of the Coordination Headquaters for the Protection of Children’s Rights

under Martial Law on 10 March 2023. Access mode: https://www.kmu.gov.ua/news/irynu-vereshchuk-pryznacheno-

holovoiu-koordynatsiinoho-shtabu-z-pytan-zakhystu-prav-dytyny-v-umovakh-voiennoho-stanu

228 Resolution of the Cabinet of Ministers of Ukraine dated 10 March 2023 No. 217 On Amendments to the Resolution of

the Cabinet of Ministers of Ukraine dated 17 March 2022 No. 302

229 Meeting of the Coordinating Headquaters for the Protection of Children’s Rights under Martial Law and a working

meeting on the identification of deported children were held on 28 March 2023. Access mode: https://dn.gov.ua/

news/vidbulisya-zasidannya-koordinacijnogo-shtabu-z-pitan-zahistu-prav-ditej-v-umovah-voyennogo-stanu-ta-

robocha-narada-z-pitan-viyavlennya-deportovanih-ditej

230 Decree of the President of Ukraine No. 568/2022 of 8 August 2022. Access mode: https://www.president.gov.ua/

documents/5682022-43581

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Actions of the authorities of Ukraine aimed

at the protection of children’s rights

the situation, determination of areas and priorities for the protection of the rights and

safety of children, primarily in conditions of martial law, drafting proposals for mea-

sures to prevent crimes against children, prevention of forced deportation of young

citizens of Ukraine outside the state, promotion of coordinated implementation of

such measures, ensuring monitoring of the effectiveness of their implementation.

Decree of the President of Ukraine

No. 568/2022

About the Coordinating Council

for the Protection and Safety

of Children

A separate task of the Coordination Council is to monitor the situation regarding the

temporary transfer (evacuation) of children, including orphans, children deprived of

parental care, children with disabilities, children with special educational needs, who

live in or are enrolled in institutions of various types and forms of ownership and sub-

ordination for a 24-hour stay, from territories that are located in the area of military

(combat) operations or that are under temporary occupation, encirclement (block-

ade) or bordering such territories, return and placement of such children in the post-

war period.

4.4. Counseling of victims and their relatives

On 18 August 2022, as part of the operation of the Children of War information and

communication portal, the Ukrainian Parliament Commissioner for Human Rights

opened a new space — the Consultation Center of the Ukrainian Parliment Commis-

sioner for Human Rights. Similar consultation centers also started their activities on 9

December 2022 in the cities of Khmelnytskyi and Lviv, on 31 March 2023 — in the city

of Dnipro, and on 14 April 2023 — in the city of Odesa.

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

In Consultation Center every citizen can receive reference and consul-

tation assistance regarding:

search for a child;

return of the child from the temporarily occupied territory and the

territory of the Russian Federation;

return of the family with the child to the territory of Ukraine in case

of deportation;

legalization of the birth certificate obtained in the temporarily occu-

pied territory;

obtaining a birth certificate of a child born within the administra-

tive-territorial unit where, because of the war, state registration of

civil status acts is temporarily not being carried out;

receiving assistance for children who suffered injuries as a result of

the war;

receiving humanitarian aid for a family with children;

establishment of contact or return of the child from abroad in case

of taking away the child by one of the parents;

receiving advice on filling in a child search form.

Since the beginning of the work of the Consultation Center, the employees have pro-

vided the most consultations on the following issues:

establishing contact with the child or returning him/her from abroad in case of

taking away the child by one of the parents — 104 appeals. Most often, people ap-

ply for the return of children who were taken to Poland, Germany, Canada, and the

Czech Republic. More than 100 written clarifications have also been provided on

this issue;

return of a child from the temporarily occupied territory or the territory of the Rus-

sian Federation — 41 appeals;

searching for a child who was taken away by one of the parents — 8 appeals.

In addition, the number of appeals to the Consultation Center on the issue of issuing

a birth certificate for a child born in the temporarily occupied territory has increased.

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Actions of the authorities of Ukraine aimed

at the protection of children’s rights

4.5. Return of children from the territory of the Russian

Federation and their support after return

The issue of the return of Ukrainian children from the temporarily occupied territories

of Ukraine and the territory of the Russian Federation is one of the priority areas of

activity of state authorities, national and international partners. However, the state is

limited in its tools for searching for and returning children if they are in the occupied

territories of Ukraine or in the territory of the Russian Federation.

Despite this, the state authorities of Ukraine are taking all possible measures to ensure

the return of the children. Thus, the Government coordination of actions on the re-

turn of children is carried out by the Ministry of Reintegration of the Temporarily Oc-

cupied Territories. In accordance with the Regulation on the Ministry of Reintegration

of the Temporarily Occupied Territories of Ukraine

231

, the Ministry of Reintegration of

the Temporarily Occupied Territories of Ukraine coordinates the implementation of

measures for the return to the territory of Ukraine, where state authorities exercise

their powers in full, of citizens of Ukraine, in particular children, who were forcibly

transferred (deported) to the temporarily occupied territory or to the territory of the

Russian Federation, other states.

The NIB is also given certain powers to ensure the return of Ukrainian children. In par-

ticular, the NIB is authorized

232

to ensure the exchange of information with the International Committee of the

Red Cross, the Central Tracing Agency and other international organizations;

to represent the interests of deported children, in particular orphans and children

deprived of parental care, in order to protect their rights and interests;

to provide the Ministry of Foreign Affairs with all necessary information for the

search and return of such persons.

However, in practice, the implementation of the above-mentioned powers of the

Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine and the

NIB is impossible. There is no exchange of information through the Central Tracing

Agency. The Ministry of Foreign Affairs does not have the ability to protect citizens

who stay in the territory of the Russian Federation because of the termination of dip-

lomatic missions in the territory of the aggressor state, so they cannot search for or

return children from the Russian Federation.

The Secretariat of the Ukrainian Parliament Commissioner for Human Rights is ac-

tively involved in the procedure for the return of Ukrainian children — responding to

appeals, contacting the Commissioner for Human Rights of the Russian Federation

Tetyana Moskalkova. As of May 2023, this is the only channel of official contact be-

tween representatives of the Ukrainian and Russian sides, which exists exclusively as

a platform for resolving humanitarian issues.

231 Resolution of the Cabinet of Ministers of Ukraine dated 8 June 2016 No. 376: Some Issues of the Ministry of

Reintegration of Temporarily Occupied Territories

232 According to Resolution of the CMU: Some Issues of Protection of Persons, Including Children, Deported or

Forcibly Transferred in Connection with the Armed Aggression of the Russian Federation against Ukraine dated

18 April 2023

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

The organization of the return of children deported to the territory of the Russian

Federation is a complex process that currently functions as an ad hoc mechanism be-

cause of the absence of representatives of Ukrainian authorities in the territory of the

Russian Federation, the non-compliance with agreements by the Russian Federation,

constant denial by the Russian Federation of the facts of the deportation of children,

etc. According to the National Information Bureau, as of May 14, 364 children were re-

turned to the territory of Ukraine.

At the same time, the need to develop a national mechanism of support and protec-

tion for children who were forcibly transferred to the temporarily occupied territories

of Ukraine or deported to the territory of the Russian Federation after their return to

the territory controlled by the Government of Ukraine remains relevant. Thus, among

the most urgent needs that may arise for such children, the following can be named:

travel.

This issue is often taken over by volunteer organizations, but if the family

dealt with the return of the child without the help of the state or volunteer organi-

zations, the question of paying its cost arises, as it can be a great financial burden

for the family. If we are talking about the return of a large group of children from

the Russian Federation, the question will arise as to how the children can be taken

from the border and delivered to the settlement for further action;

identification.

Among the children who were forcibly transferred or deported,

there are children under the age of 6, there are “status children” from the occupied

territories, there are children orphaned as a result of the war. Undoubtedly, the

issue of identifying these children, establishing their identity and finding relatives,

guardians/custodians, determining the future fate of the child in case his relatives

are not found is very important;

providing humanitarian aid to children.

Since children can return without personal

belongings, or without seasonal clothing, it is necessary to provide a minimum set

of humanitarian aid (hygiene, clothing);

providing medical examination.

Since complaints about deprivation of food, vi-

olence on the part of families in which children are placed in the territory of the

Russian Federation are not unusual, it will be necessary to provide medical exam-

ination of children;

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Actions of the authorities of Ukraine aimed

at the protection of children’s rights

providing temporary accommodation for children,

including together with fam-

ilies (if necessary). To conduct a survey, produce documents, undergo additional

examinations, as well as in the event that the territory where the child lived is oc-

cupied, it is necessary to provide temporary accommodation of children together

with their families;

conducting a survey by law enforcement agencies

to find out information about

persons who committed the crime of deportation / forced transfer, as well as infor-

mation about other affected persons;

assistance in the production of documents

(birth certificate, passport of a citizen

of Ukraine, passport of a citizen of Ukraine for traveling abroad, etc.). This issue will

be especially acute for children who were orphaned as a result of the war and do

not have relatives, because before documents can be restored, it will be necessary

to determine who should take care of them;

measures of social support and psychological rehabilitation of children.

The long-

term stay of children in camps where so-called “re-education measures” were

carried out, or their stay in the families of Russian citizens, studying at Russian

schools, where militarization is a widespread phenomenon, will require ensuring

the rehabilitation of such children;

placement of orphans, children deprived of parental care, in families.

If the child

has no relatives, then as part of the deinstitutionalization policy, the child should

be placed exclusively in a family;

financial assistance to the family

(for example, in the form of one-time cash as-

sistance);

continuation of education

— some children have been in deportation for more

than a year, and therefore the question of continuation of education (confirmation

of educational level) arises for them after their stay at institutions in TOT or in the

Russian Federation (especially when it concerns graduation classes, obtaining vo-

cational technical education, the first courses of HEIs) .

Currently, most of these needs are met through communication between state au-

thorities in specific cases. At the same time, the development of a sustainable sup-

port mechanism for returned children should be a priority for state authorities..

4.6. Cooperation with international partners

Within the scope of his powers, the Commissioner cooperated in the field of pro-

tection of children’s rights with the European Network of Ombudsmen for Children

(ENOC). Thus, in September 2022, a delegation from the Secretariat of the Commis-

sioner discussed the observance of the rights of Ukrainian children with representa-

tives of the European Network of Ombudsmen for Children. Then, in November 2023,

the Commissioner held a meeting in Brussels with the head of the European Network

of Ombudsmen for Children.

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Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

As a result of the meetings, agreements were reached on strengthening the network’s

participation in the protection of the rights of Ukrainian children both in Ukraine and

abroad, in particular, the return of deported children from the Russian Federation.

The Ukrainian Parliament Commissioner for Human Rights, within the framework of

various organizations of the UN system, worked on the return of Ukrainian children

who were forcibly transferred from the temporarily occupied territories to the Russian

Federation. On 30 August 2022, the UN Committee on the Rights of the Child heard a

report on Ukraine’s implementation of the UN Convention on the Rights of the Child.

On 28 April 2023, an informal UN Se-

curity Council Arria-Formula meet-

ing was held at the UN headquarters

on the topic: Responding to the Ab-

duction and Deportation of Children

During Armed Conflicts: Specific

Measures for Accountability and Pre-

vention

233

. The meeting was initiated

by the members of the UN Security

Council Albania, France and the USA,

as well as the Permanent Mission of

Ukraine to the UN with the support of

such countries as: Australia, Austria,

Belgium, Bulgaria, Great Britain,

Guatemala, Greece, Georgia, Denmark, Ecuador, Estonia, Ireland, Iceland, Spain, Italy,

Cyprus, Cyprus, Kingdom of the Netherlands, Latvia, Lithuania, Luxembourg, Malta,

Moldova, Germany, New Zealand, Norway, Republic of Korea, North Macedonia, Po-

land, Portugal, Romania, Slovakia, Slovenia, Hungary, Finland, Croatia, Czech Republic,

Montenegro, Switzerland, Sweden, Japan and delegations of the European Union.

The purpose of the event was to draw special attention of the international commu-

nity to the problem of abduction and deportation of children in the context of armed

conflicts, and Russia’s war against Ukraine, in particular.

The briefers of the event were the Ukrainian Parliament Commissioner for Human

Rights Dmytro Lubinets, Councilor - the Commissioner of the President of Ukraine on

Children’s Rights and Child Rehabilitation Dariia Herasymchuk, citizens of Ukraine -

victims of crimes of the Russian Federation, as well as Dr. Ezequiel Heffes, Director of

Watchlist on Children and Armed Conflict, non-government coalition of human rights

organizations.

233 Perm Mission of Ukraine to the UN. Access mode: https://www.facebook.com/UKRinUN/posts/pfbid02kY657zFG3p92c

FQmy2zaP4HtVkkmagw6YJTU5K2gfiH3Jc4iDwX1bKCA4r5Z3SkSl?locale=ru_RU

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Recommendations

To the Cabinet of Ministers of Ukraine:

to draft a procedure for the interaction of state authorities, local self-government

authorities during and after the return of children forcibly transferred to the tem-

porarily occupied territory of Ukraine and/or deported to the territory of the Rus-

sian Federation or the Republic of Belarus, and further support of the family;

to develop programs of assistance and provision of support for children subject-

ed to deportation to the territory of the Russian Federation, forcible transfer to

the temporarily occupied territories of Ukraine, after returning to the territory of

Ukraine.

To the Ministry of Health of Ukraine:

to develop and integrate long-term programs to provide psychological and medical

rehabilitation to children who have suffered or witnessed violence in armed con-

flict, including gender-based violence, family separation, etc.

To the Ministry of Social Policy of Ukraine and the

National Service of Ukraine:

to develop a plan for the evacuation of residential institutions and establishments,

as well as an algorithm for the actions of employees, their cooperation with repre-

sentatives of local authorities and law enforcement agencies during such an evac-

uation;

to ensure the analysis of data on residential institutions and establishments locat-

ed in the territory under the control of the Government of Ukraine, as well as those

located in the temporarily occupied territories, in particular, regarding the number

of children and staff staying in the institutions, their status, etc.

To the Ministry of Foreign Affairs of Ukraine:

to explore opportunities for cooperation with other countries in order to provide

assistance to children who have suffered or witnessed violence in armed conflict,

including gender-based violence, family separation, etc.

OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

To the National Information Bureau:

to develop an algorithm for verification of recorded cases of forcible transfer to the

temporarily occupied territories of Ukraine and deportation of Ukrainian children

to the Russian Federation.

To the Office of the Prosecutor General, the

Security Service of Ukraine, the National Police of

Ukraine, the Ministry of Justice of Ukraine:

to ensure cooperation in order to record and carry out a proper investigation of

cases of violation of international humanitarian law, including the killing of chil-

dren, injuring them, forcible transfer, destruction of educational and health care

institutions, to bring the guilty to justice.

To international organizations and partners:

to intensify efforts to obtain from the authorized authorities of the Russian Feder-

ation the information on the number and location of Ukrainian children deported

to the Russian Federation;

to make maximum efforts to gain access to and conduct monitoring of institutions

where children deported from Ukraine to the Russian Federation are located;

to promote communication between representatives of Ukraine and the Russian

Federation regarding the effective and safe transfer of children deported to the

Russian Federation to Ukraine;

to promote the development of a mechanism/platform model for the return of all

children deported to the Russian Federation to Ukraine.

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OSCE, Alm.del - 2022-23 (2. samling) - Bilag 36: Rapport of the Ukrainian Ombudsman

Violation of the Rights of Ukrainian Children in the Temporarily Occupied

Territories of Ukraine and in Russia: Deportation, Militarization, Indoctrination

ombudsman.gov.ua/childrenof-

war-2023