Persistent Gaps in Protection: Stateless and Forcibly Displaced in Ukraine and Abroad

Abstract

Since the Russian invasion of Ukraine, beginning in February 2022, millions of Ukrainians have fled their homes. Among the forcibly displaced are stateless persons who lived in Ukraine prior to the war, who are particularly vulnerable because they do not possess any nationality. Unable to prove their identity, stateless internally displaced persons and refugees experience numerous challenges along their flight routes. The measures adopted by European countries to support Ukrainian refugees have been successful in many ways, but insufficiently consider the situation of stateless persons. This article explores the protection gaps in the laws of Ukraine and neighbouring countries, as well as at the European level, and critically evaluates those gaps in light of the relevant international protection regimes, ie, international statelessness law, international refugee law, international and European human rights law and international humanitarian law. From the analysis, it can be concluded that possession of identity documentation and legal status remain crucial conditions for crossing borders and accessing protection.