Read The Times Australia

Daily Bulletin

Russia’s alleged deportation of Ukrainian children has caused a UN standoff – what international law says and why it matters

  • Written by: Claire Breen, Professor of Law, University of Waikato
Russia’s alleged deportation of Ukrainian children has caused a UN standoff – what international law says and why it matters

The New Zealand government’s sanctioning of Russian commissioner for children’s rights Maria Lvova-Belova is a further demonstration of its concern over alleged war crimes in Ukraine. But it is only a small step in what will likely be a very long road to justice.

In March, the reported removal of Ukrainian children from Russian-occupied territory to Russia itself triggered the International Criminal Court to issue arrest warrants for Russian president Vladimir Putin and Lvova-Belova.

The warrants allege the transfer of children to the Russian Federation is unlawful: such actions are war crimes under the Rome Statute of the International Criminal Court. Lvova-Belova and Putin have rejected the accusations, with Putin having claimed the issue would be raised at the United Nations Security Council in early April.

Russia – controversially – now holds the council presidency for the month, but has faced immediate resistance. Because of Lvova-Belova’s involvement, Britain has blocked a planned UN webcast of an informal council meeting to discuss the deportation issue.

Meanwhile, the war continues to have a profound impact on children. Hundreds have been killed in indiscriminate attacks, schools have been disrupted, some two million have been made refugees or are living in extreme poverty. The deportation of children simply piles misery onto misery.

Maria Lvova-Belova at an April 4 press conference to address accusations that Russia is deporting Ukrainian children. Getty Images

Families during war

The issue of unlawful deportation or transfer of children goes to the heart of international law around the protection of children, which dates back almost a century. The 1924 Declaration on the Rights of the Child originated in efforts to look after the child victims of World War I.

After World War II, the impact of war on humanity in general was recognised in the UN Charter, which aimed to “save succeeding generations from the scourge of war” and “to reaffirm faith in fundamental human rights”.

Read more: International Criminal Court has cited Russia's deportation of Ukrainian children a war crime: on Russia's long history of weaponising deportation

Those twin ideals were further elaborated on in a number of international legal instruments. Protection of the family, as the natural and fundamental social unit, and of children and childhood, is central to these. Such rights and obligations apply in peacetime as well as during war.

The importance of these values accumulated over decades until the UN Convention on the Rights of the Child was agreed in 1989. The deportation of children violates various fundamental children’s rights, including their right to:

  • know and be cared for by their parents

  • preserve their identity, including their name, nationality and family relations

  • be free from unlawful interference with their family.

There are strict rules around the separation of children from their parents. Adoption is permitted only in certain circumstances, with inter-country adoption a last resort.

Russian Ambassador and Permanent Representative to the UN, Vassily Nebenzia, gives a press briefing as Russia assumes presidency of the Security Council. Getty Images

Special protection for children

As the arrest warrants attest, the deportation of children is a grave breach of international humanitarian law (the rules countries must obey during war). At the centre sit the four Geneva Conventions of 1949, and their additional protocols from 1977. The specific aim of these treaties is to protect those who do not take part in hostilities, known as “protected persons”.

Under the Fourth Geneva Convention, children are entitled to special protection, with rules aimed at protecting their relationships with their parents and families. States must ensure the welfare of children who have been orphaned or separated from their families, and must attempt to reunite families separated by conflict.

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

The evacuation of children is permitted during the course of hostilities, although the rules around this were tightened in 1977.

But it is the rules around occupied territories that are key to the arrest warrants for Putin and Lvova-Belova. Occupying powers are prohibited from deporting protected persons, including children, from occupied territory to the territory of the occupying power (or to any other country).

Occupying powers must also facilitate the identification of children and the registration of their parents, and they must not change children’s personal status. Essentially, they must not fracture the relationship between children and their families.

Read more: Family separations in Ukraine highlight the importance of children's rights

No impunity

Deportation to the territory of an occupying power heightens the risk that the identity and nationality of such children will be erased, particularly where the deported children are adopted.

But the implications don’t stop at the children themselves, because the continued existence of any group depends on its children. This means the forcible transfer of children from one group to another may also violate the 1948 Genocide Convention if done with the intent to “destroy a national, ethnical, racial or religious group, completely or partially”.

The Rome Statute also includes the forcible transfer of children within the crime of genocide, which is a crime against humanity. But the arrest warrants for Putin and Lvova-Belova do not include these particular crimes.

Read more: Prosecuting Putin for abducting Ukrainian children will require a high bar of evidence – and won't guarantee the children can come back home

It’s sadly ironic, in light of the arrest warrants and Russia’s presidency of the Security Council this month, that the council not long ago stated “the protection of children should be part of a comprehensive strategy to resolve conflict and sustain peace”.

Russia’s actions must also be examined in light of legal obligatons under the Convention on the Rights of the Child, the Fourth Geneva Convention and the Genocide Convention. There is a long legal road ahead, but the principle is clear: impunity for crimes committed against children in times of war is not an option.

Authors: Claire Breen, Professor of Law, University of Waikato

Read more https://theconversation.com/russias-alleged-deportation-of-ukrainian-children-has-caused-a-un-standoff-what-international-law-says-and-why-it-matters-202430

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Behind the Scenes: How Medicines Stay Safe Before They Reach Your Pharmacy

You pick up a prescription, glance at the label and pop the box in your bag without a second thought...

How Local Organisations Can Get Their Story Told in the Media

The local junior footy club raises enough money to send a team interstate. A community garden double...

Understanding the Compassionate Flexibility Built Into Religious Fasting Traditions

You've probably been aware of religious fasting as part of the cultural landscape, whether through...

The Rise of Australian-Made Spirits and What It Means for Local Drinkers

Not so long ago, ordering a local gin at the pub would earn you a blank look. Bottle shop shelves we...

How NDIS Providers Can Free Up Space and Run a Tighter Operation

Walk into the office of almost any growing NDIS provider and you will probably find a corner that ha...

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...

How Non-Competitive Sports Programs Benefit Early Childhood Development

Australia is known globally as a sporting nation, yet recent statistics paint a surprisingly differe...

The Hidden Health Impacts of Digital Screens on Developing Eyes

Modern Australian childhood is undeniably intertwined with technology. From educational tablets in p...