On September 17, 2024, during a session at the International Bar Association’s annual conference in Mexico City, Andriy Kostin, the prosecutor general of Ukraine, confirmed that his team is investigating and collecting evidence of possible Russian crimes against Ukrainians as the crime of genocide. He explained that they are looking into the abductions of Ukrainian children to Russia, but also the destruction of Ukrainian cultural heritage linked to Ukrainian identity, among others. He also indicated that his team is investigating mass killings, such as those in Bucha, as a crime of genocide.
The crime of genocide is an international crime that is defined in Article II of the UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). Apart from the perpetration of the prohibited acts, to meet the legal definition of genocide, a protected group is to be targeted (whether ethnic, racial, national, or religious group and with a specific intent to destroy the group in whole or in part. Because of the requirement of a specific intent, the determination of the crime of genocide is not easy. However, looking at recent years, there have been several situations where the elements of the crime are there and in some cases – the evidence was put to test and resulted in convictions of several individuals for their involvement in genocide (as in the case of the Yazidi genocide).
As Mr Kostin correctly identified, Russia’s crimes against children are one of the prohibited acts in the Genocide Convention, namely of “forcibly transferring children of the group to another group.” Reports suggest that after being abducted and transferred to Russia, Ukrainian children are subjected to indoctrination at schools, and some are subjected to adoptions by Russians. As Mr Kostin summarized, Russia abducted Ukrainian children in an “attempt to steal our future.”
The International Criminal Court (ICC) considered the treatment of Ukrainian children to amount to war crimes and crimes against humanity and issued arrest warrants for two individuals most responsible for the crimes – Russian President Vladimir Putin and Maria Alekseyevna Lvova-Belova, Russia’s Child Commissioner. At this stage, it is unclear whether further charges will be considered – including for their involvement in genocide.
Another person speaking at the IBA session, chaired by IBA’s Executive Director Dr Mark Ellis, was Liev Schreiber, an actor, and humanitarian. Liev co-founded BlueCheck Ukraine, a non-governmental organization which has been identifying, vetting and fast-tracking funding to more than 28 frontline organizations providing emergency services to Ukrainian people. During the session, he mentioned his work supporting Ukraine, whether with BlueCheck Ukraine or advocating for the return of Ukrainian children. In February 2024, Liev Schreiber addressed the U.N. Security Council during the first-ever closed-door session with Ukrainian children abducted during Russia’s invasion. He called upon States to take all necessary steps for a safe return of all Ukrainian children taken by Russia: “In the face of all these injustices, trauma, and human rights violations, there is perhaps no more basic and fundamental definition of human security than for a child not to be separated from their parents. We are here today to raise awareness and to confront the horrific reality that thousands of Ukrainian children have been torn from their families and forcibly deported to the Russian Federation and Russian-occupied areas of Ukraine, and also to take necessary steps to foster their safe return and reunification with their families, consistent with international law.”
As the evidence of the atrocities perpetrated by Russia continues to be collected, it is crucial that the evidence is considered against all international crimes – including war crimes, crimes against humanity or genocide. Only by addressing the crimes for what they are, it will be possible to secure justice and accountability and help to prevent similar atrocities in the future. As evidence of genocidal atrocities committed by Putin is mounting, it is crucial that national and international actors continue to engage on the issue – for victims and survivors, and for future generations of Ukrainians.
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