Thousands Of Ukrainian Children Are Still Missing

End of March 2023, media outlets reported on the return of several Ukrainian children to their families. These children were missing as a result of Putin’s war in Ukraine. Their return follows as on March 17, 2023, Pre-Trial Chamber II of the International Criminal Court (ICC) issued arrest warrants against Vladimir Putin and Maria Lvova-Belova for their involvement in war crimes against children. However, the number of returns is still small in comparison to the number of Ukrainian children who are missing and are said to be in Russia. The assessments run in thousands, however, the exact numbers are difficult to assess and verify, amid the displacement and chaos brought about by Putin’s attack on Ukraine.

The issue of abductions and forcible adoptions of Ukrainian children is not new, however, more and more information about the different practices continues to come to the surface. Among others, on March 16, 2023, the U.N. Commission of Inquiry on Ukraine indicated that “while looking into transfers of children from Ukraine to the Russian Federation, the Commission found, with concern, that violations of human rights and international humanitarian law have been committed. Situations concerning the transfer and deportation of children which it has examined amount to war crimes. Witnesses told the Commission that many of the younger children transferred were not able to establish contact with their families and might lose contact with them indefinitely. Delay in the repatriation of civilians may also amount to a war crime.”

Furthermore, in early March 2023, Council of Europe Commissioner for Human Rights, Dunja Mijatović, called for urgent action to reunite Ukrainian children transferred to Russia and Russian-occupied territories with their families. The Commissioner, having conducted an in-depth study into the issue and a fact-finding mission, indicated that Putin’s war had devastating consequences for Ukrainian children with hundreds of children having been killed or injured, millions being deprived of their ability to enjoy basic rights such as healthcare and education, and millions displaced and at risk of being separated from parents or caregivers.

According to the statement of the Council of Europe, “many Ukrainian children affected by the war were taken to or ended up in the Russian Federation or in Russian-occupied territories of Ukraine. The particular circumstances of such cases differ considerably.” The Council of Europe identified several categories of children subjected to such practices. One category is orphans and children in institutions who had been resident in the regions of Ukraine occupied by Russia and who were taken to Russia before the 2022 aggression, since 2014, and those children taken to Russia from care institutions located in the regions of Ukraine that have come under occupation or temporary control of Russian forces after February 24, 2022. The Council of Europe explained that in such cases, “the Russian authorities frequently maintain that the children are either orphans or without parental care, and routinely change their guardianship arrangements or place them in foster care. This often happens without the authorities making sufficient efforts towards establishing or contacting the children’s relatives or existing legal guardians back in Ukraine. However, while precise data on the identity and whereabouts of children and their relatives is not available in all cases, the Commissioner was informed by the Ukrainian authorities that the Ukrainian children who have been taken to Russia currently have legal guardians appointed in Ukraine.”

Another category is of unaccompanied children whose parents or carers were killed, injured, detained, or disappeared during the hostilities, or children separated from their families during the so-called “filtration” process. Furthermore, as identified by the Council of Europe, “in areas that have come under the temporary control of Russian forces, some children have been sent to recreational camps in various parts of Russia or in territories of Ukraine occupied by Russia, such as Crimea. Many have not been returned to their parents at the end of the stipulated period of stay, as camp authorities reportedly refuse to hand them over unless their parents collect them in person. It is reported that the children held in such camps are being subjected to indoctrination into a pro-Russian worldview and historical narrative demeaning Ukrainian identity, and that anti-Ukrainian sentiment is commonplace.”

As the Council of Europe identified, “stress and anxiety caused by prolonged separation from families and caregivers can have devastating long-term negative effects on many Ukrainian children taken to Russia. This is especially true for the most vulnerable children, such as those with special needs and/or those placed in institutional settings.”

The ICC’s focus on war crimes against children is a crucial step towards justice and accountability for this often neglected crime. However, more action is needed to address the situation. This is why the Council of Europe has been calling for, among others, a mechanism for reuniting Ukrainian children with their families and legal guardians to be established. Further, the Commissioner called on the authorities of all Council of Europe member states to make it a top priority to “pursue and support efforts to locate, trace, and reunite all separated Ukrainian children with their families or legal guardians, based on a child rights approach and in full respect for the principle of the best interest of the child.” The Council of Europe further called upon the international community to support and cooperate with reliable organizations and networks working in the area of facilitating the reunification of unaccompanied Ukrainian children with their families. Lastly, it called to ensure that justice and accountability efforts are focused on all those responsible for these crimes against children. Indeed, many have been involved in facilitating and enabling the crimes against Ukrainian children and they need to face accountability for their part in the crimes.

The few returns of Ukrainian children are a positive development. However, many more children are missing and their return must be a priority for the international community.