Challenges for children’s rights revealed by the war in Ukraine

 

by Martin Aslan

Introduction

Children’s rights represent a critical challenge in all kinds of crises. In international law, children hold a special position, and their interests are regarded as superior to other considerations. Indeed, they are among the most affected by warfare: famine, child soldiers, forced displacement, stalled future prospects, lack of access to education, and all forms of psychological and physical suffering must be addressed with urgency.

The 2018 Lebanese drama movie Capernaum effectively illustrates how children experience war. The refugee child actor begins with a surrealistic scene in a courtroom, where he prosecutes his own parents for bringing him into the world.

Much has been written and said about the suffering of children under ISIS, the teenagers tortured by the Syrian state, and the plight of migrant children in Turkey. Turkish media have reported on child soldiers fighting within Kurdish forces, which constitutes a blatant violation of international treaties. However, the media have been relatively silent on the plight of Ukrainian children.

Raised in Germany, I have met many people who experienced war as children: individuals in their thirties from the Balkans, elderly Germans, Ukrainians, and Romanians. These older people were sometimes forced to fight as teenagers during the Second World War. Some Ukrainians even recount stories from their parents or older siblings who suffered during the Holodomor—the great famine of the early 1930s.

As famine once again looms in Ukraine, children are at grave risk. However, this is just one of the many difficulties Ukrainian children face.

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Multiple Threats to Children’s Rights

In Ukraine, children face not only insecurity and hunger but also numerous other war-related hardships.

Landmines pose a severe threat to the population, disproportionately affecting children. Since March 1, Russian troops have been extensively mining streets and residential areas in the Kherson, Chernihiv, and Kyiv Oblasts. Reports indicate that Russian troops are using children’s toys and household items as traps. Tragically, children are often the ones to pick up these items, resulting in injuries or death.

Deportation of children is another grave issue. According to a statement by the Ukrainian Parliament Commissioner for Human Rights, Liudmyla Denisova, Russia has deported 1,377,925 people to its territory, including 234,000 children. These actions violate the Geneva Conventions and the Convention on the Rights of the Child (CRC), which establishes principles such as the best interests of the child, the right to liberty, and the right to family.

Under international humanitarian law, mass deportation is classified as a war crime, and the forced transfer of children constitutes an even graver violation. The 1948 Genocide Convention classifies “forcibly transferring children” as genocide. Ukrainian officials argue that Russia’s recent decree simplifying the process of granting Russian citizenship to Ukrainian orphans or children without parental care aims to facilitate the forced adoption of these children.

This act is being investigated by prosecutors from the International Criminal Court (ICC), as Ukrainians prepare to indict Russia for genocide under Article 6 of the Rome Statute.

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Attacks on Children’s Lives and Physical Integrity

Another deeply concerning issue is the destruction of civilian infrastructure, including facilities meant for children, which endangers their lives and physical well-being. Russian forces conducting such shelling are in violation of International Humanitarian Law under the Geneva Conventions, as well as the CRC.

I have received information about several attacks on infrastructure intended for children. The examples below may represent just the tip of the iceberg, as friends have shared accounts of preschool attacks allegedly occurring weekly. I will work to verify these claims further.

• May 24: Artillery shelling in the Zaporizhia Oblast, Novoiakolivka village, damaged more than ten residential buildings and a preschool.

• June 7: Missile strikes in the Donetsk Oblast, Kurakhove town, damaged four residential buildings and a kindergarten.

Another report highlights brutality in the village of Konoplianka, Luhansk Oblast. Three teenagers—Bykov Bohdan Mykolaiovych, Zviahintsev Yevhen Oleksandrovych, and Pyvovarov Volodymyr Andriiovych—were reportedly detained and tortured. Bohdan Bykov’s mother claims her son faces up to 15 years in prison or the death penalty for removing the Russian flag from a local school.

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Why Is This Happening?

There are several possible explanations for these actions:

1. Unintentional Targeting: Some shelling may be unintentional, resulting from poor training among Russian troops. However, as a signatory to the Geneva Conventions, Russia is obligated to train its forces to respect International Humanitarian Law.

2. Terror Tactics: These actions may be deliberate, aiming to destroy Ukrainian willpower. Parents afraid for their children may prioritize their families over the defense of their country.

3. Disruption of National Unity: Forcible transfer of children could be a strategy to undermine Ukrainian solidarity. If parents perceive their children as Russian citizens, they may feel conflicted about resisting Russia, believing it now cares for their children.

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Conclusion

The use of children in broader strategies, whether through deportation, forced adoption, or attacks on their safety, serves one overarching goal: to break the will of the Ukrainian people and compel them to accept Russian dominance.

Protecting children’s rights in the face of such challenges requires a unified international response. These violations not only harm individuals but also threaten the fundamental principles of international law. By shedding light on these atrocities, we can advocate for justice and ensure that children’s rights remain a global priority.