ICC considers investigating Belarus’ role in the deportation of Ukrainian children despite its failure to appear in court
The problem of deportation of Ukrainian children has become one of the most painful and tragic aspects of the war unleashed by Russia against Ukraine. Since the beginning of the full-scale invasion in February 2022, numerous cases of abduction of Ukrainian children from the occupied territories and their forced transfer to Russia and other countries have been recorded. Actions aimed at changing the identity of children, their “re-education” and indoctrination cause concern not only in Ukraine, but also in the world community. Particular attention was paid to the possible participation of Belarus in these crimes, despite the fact that the country is not officially a participant in the war.
International reaction to the deportation of Ukrainian children
According to the information provided by the Belarusian service of Radio Liberty, human rights defenders have expressed their concern about the forced deportation of hundreds of Ukrainian children to Belarus. These children are subjected to the so-called “re-education”, the purpose of which is to change their national identity and foster a hostile attitude towards Ukraine. In particular, the human rights center Zmina, together with partners from Freedom House and the Ukrainian Regional Center for Human Rights, submitted a statement to the International Criminal Court (ICC) with a demand to investigate these crimes.
According to official data, at least 2,219 Ukrainian children over the age of 6 underwent political indoctrination and military education through 18 organizations operating on the territory of Belarus. The purpose of these measures is to turn children into enemies of their homeland by eradicating their Ukrainian ethnic identity. This is considered a serious violation of the rights of the child and the principles of international humanitarian law, as such actions have the characteristics of genocide.
Jurisdiction of the International Criminal Court over Belarus
The possible participation of Belarus in the deportation of Ukrainian children falls under the jurisdiction of the International Criminal Court (ICC), even though Belarus has not signed the Rome Statute. This was announced by the spokesman of the court, Fadi el Abdalla, during a meeting in The Hague. He explained that the key is the place of the crime, not the final destination of the children’s movement.
“We are talking about the fact that such crimes could have been committed on the territory of Ukraine. That is, regardless of whether the children were brought to Russia or elsewhere, such acts may fall under the jurisdiction of the ICC, if the abduction itself was at least partially committed on the territory of Ukraine”, the spokesman said.
In this context, the fact that the crimes of deportation and displacement of children began on the territory of Ukraine, which is under the jurisdiction of the ICC, is important. Thus, regardless of where the children were moved – to Russia or Belarus – the very fact of abduction of children on Ukrainian territory gives grounds for investigation.
Fadi el-Abdallah emphasized that the key aspect for the ICC’s jurisdiction is the place of the crime, not the final destination of the children’s movement. Therefore, even if the children were taken to Belarus, but the act of abduction or transfer itself took place on the territory of Ukraine, it falls under the jurisdiction of the ICC. This position opens the possibility for further investigations and prosecution of both Russian and Belarusian officials.
The role of Belarus in the deportation and “re-education” of children
Belarus, although it does not formally take part in military operations, plays an active role in ensuring support for Russian interests. Human rights activists claim that Belarusian agents take part in the forced transportation of Ukrainian children to their territory, where they are subjected to systematic political indoctrination and military education. According to research, camps have been created in Belarus where they try to teach Ukrainian children to hate their homeland, using propaganda and military training for this purpose.
Ukrainian human rights organizations have documented numerous cases of attempts to deprive children of their Ukrainian ethnic identity by teaching them to support Russian views. These actions are not only a violation of the rights of the child, but also an attempt to carry out ethnic cleansing, which falls under the definition of genocide under international law.
Scales of deportation of Ukrainian children
According to the official data of the Ukrainian authorities, about 20 thousand Ukrainian children have been deported to Russia since the beginning of the full-scale war. However, human rights activists believe that the actual number may be much higher and reach hundreds of thousands. The deportation of children is carried out under the guise of “evacuation” and “rescue” from the occupied territories, but in reality it is a systematic abduction with the aim of changing their national identity.
These actions were recognized as war crimes, and in March 2023, the ICC issued arrest warrants for Putin and child rights commissioner Maria Lvova-Belova. They are suspected of involvement in the illegal transfer of children from the occupied Ukrainian territories. The decision set an important precedent in international justice, as Putin became the first president against whom the ICC issued a warrant during an ongoing conflict.
So far, the Ukrainian authorities have managed to return only about 500 children to their homeland, but this process remains extremely difficult due to the lack of cooperation with the Russian and Belarusian sides. An important factor in this context is international support and coordination of efforts to ensure the return of all Ukrainian children home.
Consequences for Belarus and Russia
The participation of Belarus in the deportation of Ukrainian children, even without signing the Rome Statute, can become an important precedent for the activities of the ICC. This shows that international justice can be applied to any country involved in war crimes, regardless of its formal participation in international agreements. Belarus, which supports Russia in its aggressive actions, risks becoming the object of international sanctions and legal persecution.
The forced transfer of children, their “re-education” and political indoctrination are serious violations of international law that fall under the jurisdiction of the ICC as crimes against humanity and genocide. Belarus’ participation in these actions could have far-reaching consequences for the country and its leadership.
Ukrainian and international human rights organizations continue to work actively on the investigation of cases of abduction of Ukrainian children and their forced transportation to Russia and Belarus. Despite the complexity of the process, the International Criminal Court opens up new opportunities for bringing the guilty to justice. The participation of Belarus in these crimes will not remain unnoticed by the international community, and this precedent can become an important step in the fight for justice and the return of Ukrainian children home.
