The Times Australia
The Times World News

.

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

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

Throughout Russia’s war against Ukraine, there have been countless reports of alleged war crimes and crimes against humanity. Now, there are also allegations of genocide[1] involving the forced transfer of Ukrainian children to Russia.

The International Criminal Court has just issued two arrest warrants[2] in connection with the transfer of Ukrainian children for Russian President Vladimir Putin and Maria Lvova-Belova, the Russian commissioner for children’s rights.

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

Re-education and forced adoptions

There have been many reports on the forced transfer of Ukrainian children, ranging in age from infants to teenagers, to various locations in Russia and Russian-occupied Crimea. These transfers date back[3] to the beginning of February 2022; in the case of occupied Crimea, transfers of orphans and children without parental care commenced as early as 2014.

Russia is now believed to be operating a large-scale, systematic network[4] of at least 40 “recreational” re-education camps for thousands of Ukrainian children. The primary purpose of most of these camps appears to consist of pro-Russian indoctrination and, in some instances, military training.

While Russia does not deny the evacuation of children or that they are now in Russia, the government claims[5] it is part of a humanitarian project for war-traumatised orphans.

However, not all of these children are orphans. According to an investigation by Yale School of Public Health’s Humanitarian Research Lab[6], children with living relatives in Ukraine have been “recruited” to attend camps in Russia for ostensible holidays. Consent from families is given either under duress or routinely violated.

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

Troublingly, Putin’s “patriotic patronage campaign[7]” is also strongly encouraging Russian families to adopt purported Ukrainian orphans. There have been legislative changes to expedite the adoption of Ukrainian children and financial incentives[8] for Russian families who do this.

The exact number of Ukrainian children being sent to Russia is unclear. The Ukrainian government has officially identified 16,221 deported children[9] as of early March.

Other estimates suggest the real number may be as high as 400,000[10].

Ukrainian Foreign Minister Dmytro Kuleba recently said the forced transfer of thousands of Ukrainian children constituted “probably the largest forced deportation in modern history[11]” and “a genocidal crime”.

Is the forced transfer of children an act of genocide?

International law dictates what types of crimes constitute an act of genocide. These acts are exhaustively listed in the Genocide Convention[12], adopted in 1948. The legal definition of genocide has not changed in 75 years, and is accepted by and applicable to all states worldwide.

Article II of the Genocide Convention[13] lists the forcible transfer of children of a group to another group as one of the acts which may amount to genocide if it is done with the intent to destroy a national, ethnic, racial or religious group.

Read more: Civilians are being killed in Ukraine. So, why is investigating war crimes so difficult?[14]

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

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

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

Russia’s actions are comparable to the Nazis’ “Germanisation program”[15] in the second world war, in which hundreds of Polish children[16] were transferred to Germany and subsequently adopted by German families.

In addition to being a potential act of genocide, the forced transfer of Ukrainian children to Russia may also be a violation of international humanitarian and human rights law under the Fourth Geneva Convention[17] and the Convention on the Rights of the Child[18], as well as a crime against humanity[19].

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

Who is investigating this?

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

The arrest warrants just issued by the International Criminal Court are the first related to alleged crimes committed during the Ukraine war. The judges of the responsible chambers agreed there were “reasonable grounds[20]” to believe Putin and Lvova-Belova bore responsibility for the “unlawful deportation” of Ukrainian children.

Why evidence is crucial

Successful criminal proceedings would require proof that the alleged perpetrators have committed genocide beyond a reasonable doubt[21]. Conclusive evidence to this end will be crucial; the court will not be satisfied with a lesser standard.

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

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

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

Read more: I am a Ukrainian American political scientist, and this is what the past year of war has taught me about Ukraine, Russia and defiance[22]

References

  1. ^ allegations of genocide (media.un.org)
  2. ^ issued two arrest warrants (www.icc-cpi.int)
  3. ^ date back (www.lemkininstitute.com)
  4. ^ large-scale, systematic network (hub.conflictobservatory.org)
  5. ^ claims (www.npr.org)
  6. ^ Yale School of Public Health’s Humanitarian Research Lab (hub.conflictobservatory.org)
  7. ^ patriotic patronage campaign (www.usatoday.com)
  8. ^ financial incentives (hub.conflictobservatory.org)
  9. ^ 16,221 deported children (childrenofwar.gov.ua)
  10. ^ 400,000 (www.usatoday.com)
  11. ^ probably the largest forced deportation in modern history (www.dw.com)
  12. ^ Genocide Convention (www.un.org)
  13. ^ Article II of the Genocide Convention (www.un.org)
  14. ^ Civilians are being killed in Ukraine. So, why is investigating war crimes so difficult? (theconversation.com)
  15. ^ Nazis’ “Germanisation program” (avalon.law.yale.edu)
  16. ^ hundreds of Polish children (encyclopedia.ushmm.org)
  17. ^ Fourth Geneva Convention (ihl-databases.icrc.org)
  18. ^ Convention on the Rights of the Child (www.ohchr.org)
  19. ^ crime against humanity (www.icc-cpi.int)
  20. ^ reasonable grounds (www.theguardian.com)
  21. ^ beyond a reasonable doubt (www.icc-cpi.int)
  22. ^ I am a Ukrainian American political scientist, and this is what the past year of war has taught me about Ukraine, Russia and defiance (theconversation.com)

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

Times Magazine

When Touchscreens Turn Temperamental: What to Do Before You Panic

When your touchscreen starts acting up, ignoring taps, registering phantom touches, or freezing entirely, it can feel like your entire setup is falling apart. Before you rush to replace the device, it’s worth taking a deep breath and exploring what c...

Why Social Media Marketing Matters for Businesses in Australia

Today social media is a big part of daily life. All over Australia people use Facebook, Instagram, TikTok , LinkedIn and Twitter to stay connected, share updates and find new ideas. For businesses this means a great chance to reach new customers and...

Building an AI-First Culture in Your Company

AI isn't just something to think about anymore - it's becoming part of how we live and work, whether we like it or not. At the office, it definitely helps us move faster. But here's the thing: just using tools like ChatGPT or plugging AI into your wo...

Data Management Isn't Just About Tech—Here’s Why It’s a Human Problem Too

Photo by Kevin Kuby Manuel O. Diaz Jr.We live in a world drowning in data. Every click, swipe, medical scan, and financial transaction generates information, so much that managing it all has become one of the biggest challenges of our digital age. Bu...

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

The Times Features

Why Mobile Allied Therapy Services Are Essential in Post-Hospital Recovery

Mobile allied health services matter more than ever under recent NDIA travel funding cuts. A quiet but critical shift is unfolding in Australia’s healthcare landscape. Mobile all...

Sydney Fertility Specialist – Expert IVF Treatment for Your Parenthood Journey

Improving the world with the help of a new child is the most valuable dream of many couples. To the infertile, though, this process can be daunting. It is here that a Sydney Fertil...

Could we one day get vaccinated against the gastro bug norovirus? Here’s where scientists are at

Norovirus is the leading cause[1] of acute gastroenteritis outbreaks worldwide. It’s responsible for roughly one in every five cases[2] of gastro annually. Sometimes dubbed ...

Does running ruin your knees? And how old is too old to start?

You’ve probably heard that running is tough on your knees – and even that it can cause long-term damage. But is this true? Running is a relatively high-impact activity. Eve...

Jetstar announces first ever Brisbane to Rarotonga flights with launch fares from just $249^ one-way

Jetstar will start operating direct flights between Brisbane and Rarotonga, the stunning capital island of the Cook Islands, in May 2026, with launch sale fares available today...

Introducing the SE 2 and Mini hair dryers from Laifen

The Mane Attractions for Professional Styling at Home Without the Price Tag Fast, flawless hair is now possible with the launch of Laifen’s two professional quality hair dryers th...