ILLEGAL DEPORTATION (TRANSFER) OF CHILDREN AS A TYPE OF WAR CRIME AND CRIME AGAINST HUMANITY

Abstract

The full-scale invasion of Ukraine by the Russian Federation in February 2022 is a new stage in the international armed conflict that has been ongoing since February 2014. This invasion has triggered a series of events and actions that have attracted the attention of specialists in various fields of law. Russia’s aggressive actions have been accompanied by an unprecedented scale of illegal deportation and displacement of civilians, including children. Over the past two years, these illegal actions have continued to this day with complete impunity. The Russian authorities claim that Ukrainian children leave for the territory of the Russian Federation voluntarily, although in reality they are restricted in their right to return and subjected to psychological coercion. The aggressor authorities manipulate the terms used in their public statements, which are false and misleading. The application of international humanitarian law on the protection of children’s rights in armed conflict aims to protect the most vulnerable population from the dangers, trauma and abuse associated with armed conflict. War and armed conflict create extremely difficult conditions for children, opening the door to ruthless violence, loss of parents, family separation, psychological trauma, forced exploitation and crimes against humanity. Children are victims of various forms of violence, such as sexual exploitation, recruitment into armed groups, use in hostilities, murder, starvation, robbery and other crimes. International humanitarian law establishes general rules for the protection of children’s rights as noncombatants, as well as special rules for their special protection, given their vulnerability. Every day, the Russian military violates all legal and moral norms on the protection of children. The international armed conflict in Ukraine is accompanied by the commission of numerous war crimes and crimes against humanity on the territory of our country, including illegal deportation or forced displacement of children, which, according to the Rome Statute, have no statute of limitations. Today, there is a problem of qualifying the deportation of children in its international legal dimension, taking into account the provisions of the Rome Statute. The need for proper qualification of the deportation of children as a war crime and a crime against humanity in domestic legislation is relevant for bringing perpetrators to criminal responsibility. This article analyses the features of these crimes in recent publications and brings the perpetrators to justice.