How Canada should intervene to protect Ukrainian children

On June 1, as Ukraine marked the International Day for the Protection of Children—typically a celebratory day in many post-Soviet countries—10 Russian missiles struck its capital, Kyiv, killing three civilians, including a nine-year-old girl. Another child lost her mother. This is yet another atrocious consequence of the ongoing Russian aggression against Ukraine, which has claimed the lives of at least 500 children. However, military strikes are not the only cause of children’s suffering. For more than a year, Russian occupying forces have been conducting an organized campaign of displacing or "deporting" Ukrainian children to Russia or Russia-controlled territories in Ukraine. As of mid-April 2023, Ukrainian authorities recorded more than 19,000 confirmed cases of deportation. Meanwhile, Russian officials brag about “taking” more than 300,000 Ukrainian children. The actual figures are difficult to establish given the circumstances of the conflict, but both Ukraine and Russia agree it is happening. Erik Kucherenko is a Ukrainian international lawyer currently participating in the Canada–Ukraine Parliamentary Internship Program in the Parliament of Canada. Photograph courtesy of Erik Kucherenko Several international organizations have confirmed this deportation is taking place. The Parliamentary Assembly of the Council of Europe and the Organization for Security and Co-operation in Europe have recognized and condemned this practice in a resolution and a report, respectively. The International Criminal Court (ICC) has issued an arrest warrant for Russian President Vladimir Putin for the unlawful deportation of children, which is considered a war crime. Finally, transferring children of one national or ethnic group to another group constitutes a material element of the crime of genocide under Article II of the Genocide Convention. The gravity and scale of this criminal practice pose a threat to the international rule of law, and requires a strong response from the global community. With the comprehensive Bring Kids Back UA plan, unveiled by Ukrainian President Volodymyr Zelenskyy on May 31, Canada has an opportunity to make its own valuable contribution to saving Ukrainian children from this plight. Canada can play a leading role Canada could join a multilateral effort aimed at verifying available information on displaced children, pressuring Russian authorities to co-operate with the United Nations and other international organizations in providing access to the children, ensuring they have proper living conditions, and organizing their return to Ukraine. The Bring Kids Back UA plan provides for the creation of a high-level international task force on the topic, in which Canada could play a leading role. Develop family-based forms of upbringing Canada could assist Ukraine in creating a favourable family environment for the upbringing and rehabilitation of children. This part of the plan includes projects supporting adoption procedures, and the construction of residential buildings for families participating in adoption schemes. Re-integration of kids returned from Russia Canada’s rich experience in the integration of displaced persons may prove instrumental in the successful rehabilitation of children who have experienced the hardships of Russian deportation, including by providing psychological support and educational initiatives. Documenting crimes and bringing Russia to justice Already an active member of the legal fight against Russia’s impunity, Canada could enhance its support for the ICC’s investigations in Ukraine. The sheer scope of atrocities, with more than 80,000 war crimes committed, creates the need for a significant investigative capacity. Furthermore, Canada could make additional submissions to the ICC, calling for the indictment of other high-ranking Russian and Belarussian officials involved in deporting children. It is also important to urge the ICC to open an investigation into the crime of genocide. Inter-parliamentary co-operation The Canadian Parliament could play an active role in increasing the country’s involvement in the implementation of the Bring Kids Back UA plan. As the French Senate did, Canada's Members of Parliament could vote on a resolution to support the plan, and urge the government to join the above-mentioned efforts. Irrespective of their nationality, children are our common future. Hence, it is our sacred duty as humans to protect them. Children must have the right to unrestrained access to education, food, freedom, and most importantly, a happy childhood with their family. Therefore, Canada should play an active role in putting an end to the plight of Ukrainian children criminally deported by the Russian Federation. Erik Kucherenko is a Ukrainian international lawyer currently participating an internship with the Canada-Ukraine Parliamentary Internship Program at the Parliament of Canada. He advises Ukrainian MPs on matters of international law and policy, and serves as a secretary to the Ukrainian delegation to the Inter-Parliamentary Union. He has also completed an internship in the European Parliament. The Hill Times