Russia's Abduction of Children in Ukraine War and Applicability of UN Genocide Convention

Abstract

The purpose of this paper is to investigate whether Russia's abduction of Ukrainian children falls under the provisions of genocide under international law and to suggest the political implications of Russia's abduction of Ukrainian children. Through this paper, it was pointed out that Russia's policy to annihilate Ukraine's identity in occupied areas before the invasion of Ukraine in 2022, that is, after Russia's occupation of Crimea in 2014, has been continuously implemented, and has been rationalized domestically through the Russian media. The policy of kidnapping Ukrainian children to erase their memories of their homeland and change their mother language to Russia is not just a cultural assimilation policy, but a international crime that is equivalent to “genocide” that forcibly transforms the ethnic character of a group. Today, there is little disagreement on the fact that the prohibition of serious, continuous and systematic human rights violations by the state and the prohibition of genocide have developed into norms under common international law. However, it can be said to be exceptional in that there is no precedent for an international court trial on child abduction after World War II, and there has been no opportunity to recognize its seriousness. Nevertheless, the international community should realize the seriousness of the crime of child abduction in the wake of the Ukraine war and not neglect to hold the kidnappers accountable.