Report on international conference

DEPORTATION OF CHILDREN

DURING THE ARMED CONFLICTS

4 November 2024

Deportation of children during armed conflicts: conference held in Strasbourg and publication of a new HELP online course

On 4 November, the international conference “Deportation of Children during Armed Conflicts” was held in Strasbourg under the auspices of the Lithuanian Presidency of the Committee of Ministers of the Council of Europe. Representatives of the Ukrainian authorities, international experts and civil society attended the event in person and online.

The event was organised under the project “HELP in Ukraine, including during wartime” with the aim to foster exchange on the topic and explore the need and positive impact the newly published online course would bring. The war of aggression by the Russian Federation against Ukraine has resulted in mass deportations and forced displacement of thousands of civilians, including children, to the Russian Federation, the temporarily occupied territories and Belarus. According to the Ukrainian government portal Children of War, 19,546 children have been deported and/or forcibly displaced.

In her opening remarks, Daria Herasymchuk, Advisor and Commissioner to the President of Ukraine on the Child`s Rights and Children Rehabilitation, highlighted the tragic impact of wartime abductions on children. She shared horrific stories of Ukrainian children who were forcibly taken to Russia, subjected to indoctrination, and stripped of their identities. Ms Herasymchuk urged participants to see these stories as urgent calls for justice, demanding legal accountability for the children’s suffering, and emphasised the necessity for global advocacy and legal action to counteract these crimes, including in the framework of the Bring Kids Back UA Presidential initiative.  Also, Ms Herasymchuk highlighted the need for more lawyers, advocates, and allies trained and dedicated to proving Russia’s genocidal intent—not only to prove accountability, but also to keeping the memory of the horrific acts committed.

Edita Žiobienė, Lithuanian Ombudsperson for the Rights of the Child, highlighted the negative impact of deportation on children`s mental and physical health. Ms Žiobienė called on lawyers to do their utmost to support Ukrainian struggle for peace and the release of the deported children. Ms Žiobienė called for immediate action to save lives and provide protection in the best interest of Ukrainian children.

Olena Khomenko, Vice-President of the Parliamentary Assembly of the Council of Europe (PACE), addressed the deportation and indoctrination of children as crimes against humanity. Ms Khomenko drew attention to the role of Belarus and the Union State as they are complicit in crimes against Ukrainian children and play a major role in financing and organizing their displacement, indoctrination, re-education, and militarization. Ms Khomenko called for sanctions against the authorities in Russia, Belarus, and the Union State, involved in these forced relocations and re-education efforts and urged for accountability through international criminal charges, emphasising the need for concerted action to protect children’s rights and bring perpetrators to justice.

Ambassador Andrius Krivas, Permanent Representative of Lithuania to the Council of Europe on behalf of Lithuanian Chairmanship of the Committee of Ministers, confirmed that for the Lithuanian Chairmanship the top political priority has been support to Ukraine in face of the brutal Russian aggression and international accountability for the crimes committed by the aggressors against Ukraine. In this context the fate of Ukrainian children has been a particular priority for the Lithuanian Chairmanship.

Ambassador Borys Tarasyuk, Permanent Representative of Ukraine to the Council of Europe, highlighted that the Council of Europe has recognised the urgency of protecting Ukrainian civilians, particularly children, impacted by forced deportations. He reminded that at the recent Fourth Summit of Heads of State and Government in Reykjavik, leaders pledged to support Ukraine in securing the return of unlawfully transferred civilians. This commitment has been reinforced by resolutions from the Parliamentary Assembly and the Committee of Ministers, underscoring the need for unified efforts to safeguard affected Ukrainian children.

Ana-Maria Telbis, Head a.i. of Justice and Human Rights Training Division, Department for the Implementation of Human Rights, Justice and Standards of Legal Cooperation, Directorate General for Human Rights and Rule of Law (DGI), Council of Europe, highlighted that the course on deportation of children is the third one developed by the HELP Programme under the project “HELP in Ukraine, including during wartime”, after the ones on Temporary Protection Directive and on International Humanitarian Law and Human Rights.

The first session of the conference was devoted to the presentation of the new course  “Deportation of Children during Armed Conflicts” developed following the Recommendation of the Parliamentary Assembly of the Council of Europe N2253 (2023) “Deportations and forcible transfers of Ukrainian children and other civilians to the Russian Federation or to temporarily occupied Ukrainian territories: create conditions for their safe return, stop these crimes and punish the perpetrators” which called on the Council of Europe member states to prioritise the return of children, their rehabilitation and the creation of conditions for family reunification and preservation of the identity of Ukrainian children. Among other measures, the PACE Recommendation also proposed the creation of a new HELP training course on the topic.

The authors of the course are:

·         Patrycja Grzebyk, Professor at the University of Warsaw, President of the Humanitarian Action Network;

·         Olga Poiedynok, PhD in International Law, Associate Professor at the Department of International Law, Institute of International Relations of Taras Shevchenko National University of Kyiv;

·         Veronika Bílková, PhD in International Law, Charles University, Director of the Institute of International Relations of Charles University;

·         Nataliia Hendel, Research fellow at the Geneva Academy in international Humanitarian Law and Human Rights Law.

Patrycja Grzebyk and Olga Poiedynok presented the modules of the new course, which will provide legal professionals with the knowledge and skills necessary to address the complex issues of child deportation in conflict zones and to effectively ensure compliance with international legal standards.

The course also addresses the treatment of children in situations of forced displacement, covers the rights of displaced children to family reunification and return, and explores mechanisms for holding both individuals and states accountable for unlawful deportations, examining liability under international and national criminal law, as well as the obligations of states arising from the international legal framework.

The course was developed within the framework of the Council of Europe Project “HELP (Human Rights Education for Legal Professionals) for Ukraine, including during wartime”, which is being implemented within the Council of Europe Action Plan for Ukraine “Resilience, Recovery and Reconstruction” (2023-2026).

The HELP online course is available in English in a self-learning format (free of charge, self-paced, with certificate of completion available upon finishing) on the Council of Europe HELP Online Learning Platform and will soon be translated into Ukrainian.

The event continued with  a session on deportation of children under International Humanitarian Law.

Mykola Gnatovskyy, Judge of the European Count of Human Rights stressed that the deportation of civilians during armed conflicts is illegal under international law. He emphasised that indifference is not an option—action is needed both in terms of state responsibility and within the framework of international criminal law to effectively address these violations. The judge also underlined that in addition to the accountability questions, it is important to clarify obligations of the parties to the armed conflict as well as third states as regards the treatment of displaced children and the obligation to return them. These issues were well covered in the respective modules of the new HELP course.

Oleksandra Matviichuk, Head of Centre of Civil Liberties, a Nobel Laureate, offered the participants three conclusions. First, she drew attention to the fact that the Russian Federation was ignoring international law and continuing to deport Ukrainian children, around 20 000 children were indicated as being deported. Some 80,000 cases of war crimes have been registered only by the initiative "Tribunal for Putin”. Second, Ms Matviichuk drew attention to the need of urgent actions for return of children without delays as even a short period of time has significant impact on children due to indoctrination, militarisation and brainwashing by the Russian propaganda. Thirdly, the deportation is not only a war crime but a part of a broader genocidal policy.

Victoria Litvinova, Deputy Prosecutor General of Ukraine described Russia's illegal deportation of Ukrainian children as a violation of international law and a war crime. Since Russia’s full-scale invasion, thousands of Ukrainian children have been forcibly relocated, separated from their families, and subjected to re-education programs, stripping them of their Ukrainian identity. Ukrainian authorities are conducting investigations with support from international organisations, documenting evidence for accountability and working through the "Bring Kids Back UA" initiative to ensure the safe return of displaced children. Law enforcement agencies are currently conducting a pre-trial investigation in criminal proceedings on the facts of committing 4,008 criminal offenses on war crimes committed against children, including 2,396 on the facts of an armed attack on institutions for children. The Ukrainian authorities are checking data on the forced displacement of at least 19,500 children from territories that were or remain under temporary occupation.

Andriy Pasternak, Head of the Joint Centre for Coordination of Search and Release of Prisoners of War and Illegally Deprived of Liberty as a Result of Aggression against Ukraine at the Security Service of Ukraine, informed that the work of the Center aligns with President Zelenskyy’s peace formula and focuses on child safety, coordinating data, and collaborating with local and international bodies. As of now, 1,001 children have been returned, but the center continues its mission amidst violations of international humanitarian law. The program seeks global partnerships to ensure the safe return of these children and hold responsible parties accountable. Mr Pasternak called on more active cooperation with parties willing to help in return of Ukrainian children.

LtCol/Dr Inna Zavorotko, Deputy Head of the International Law Section, Legal Department of the Ministry of Defence of Ministry of Defence of Ukraine presented the first Voluntary report of the Ministry of Defence of Ukraine on implementation of the International Humanitarian Law. Ms Zavorotko presented the ministry’s initiatives to protect children’s rights during the conflict, emphasising compliance with International Humanitarian Law (IHL). The Ministry focuses on prevention, protection, and response to violations against children, implementing IHL within national legislation and military training. An informational campaign "6 russia*s crimes against children", launched in 2022, raised awareness of specific violations and included educational resources and media outreach to reinforce accountability and the protection of children under IHL.

Iryna Suslova, Representative of the Ombudsperson on Children`s Rights, noted that returning children at the current speed would take 66 years to return all children. The pace of child return is very slow due to the unwillingness of Russian authorities to cooperate. About 1,5 mln children are still at risk of deportation and forced displacement at the temporarily occupied territory of Ukraine. Neither Ukrainian nor international organisations have any access to these territories. According to testimonies of the returned children, the children`s rights are being violated at all stages by assimilation measures, prohibited from speaking Ukrainian language, militarisation, aggressor country identity is imposed on them, they are forced to participate in patriotic activities of Russian Federation.

The Panel discussion devoted to return and rehabilitation of Ukrainian children after deportation saw representatives of the civil society organisations active in the field.

The documentary video “Deported and Displaced by Russia: Ukraine`s Disabled Children” produced by The Reckoning Project was projected, highlighting the dire predicaments of children with disabilities from the Oleshky Children’s Boarding School as a result of the Russian war of aggression against Ukraine. The film documents the hardships faced by the children and staff under occupation, severe shortages of supplies, and ultimately, the forced deportation of these vulnerable children to various occupied territories and Russia. Despite international outcry and legal actions, most of the deported children have yet to return home.

Ibrahim Olabi, Chief Legal Counsel of the Reckoning Project presented findings on the forced transfer, indoctrination, and unlawful deportation of Ukrainian children. The Reckoning Project documented cases where children endured coerced re-education in Crimea, including restrictions on Ukrainian language and cultural erasure, which significantly impacted their psychological well-being. Mr Olabi highlighted that indoctrination was delivered through altered curricula, youth organisations, and camps, with logistical barriers preventing return. The speaker emphasised the challenge of categorising these actions within current international law frameworks.

Mariam Lambert, Co-Founder / CEO of Emile Foundation, highlighted the difficulty in determining accurate figures for deported children because Russia doesn't provide information on their whereabouts or any details to help reunite them. She urged for urgent action, using all means possible to return these children. Evacuation is a key preventive measure against deportation. The organisation works on three fronts: humanitarian aid, political outreach, and legal actions. She called for more efficient cooperation with Ukrainian authorities and state governments, and emphasised international political outreach with countries like Brazil for better coordination to return Ukrainian children. Additionally, she raised concerns about those imprisoned in Russia.

Olena Rozvadovska, CEO Voices of Children, has presented her organisation which has been active since 2015 and provides essential psychosocial rehabilitation for Ukrainian children affected by war. The scale of challenges is immense, with approximately 1.5 million children at risk of deportation or other war-related trauma. The approach emphasises time-sensitive interventions, safe spaces for emotional recovery, and culturally informed therapy. The organisation also focuses on training professionals and meeting basic needs such as shelter, education, and food security. Ms Rozvadovska called for international support in expanding of community services on the ground in de-occupied territories, preparing specialists, including psychologists  and other specialists who deal with children in education, health, justice, social protection, and creating long-term child protection solutions.

Olha Yerokhina, representative of the Foundation “Save Ukraine” has informed that the organisation was founded in 2014 in response to Russia’s initial invasion, the organisation “Save Ukraine” has evolved its mission to rescue, rehabilitate, and reintegrate Ukrainian children impacted by the full scale invasion. The organisation addresses forced deportation and indoctrination of children by Russia, a tactic seen as an attempt to erase Ukrainian identity. “Save Ukraine” has established centers for trauma-informed care, legal and psychological support, and reintegration, emphasising the need for international aid and cooperation. Restoring children’s identities and futures is essential for both Ukraine and global security.

The last panel discussion was devoted to the role of the Council of Europe in the prevention of deportation of children, children’s return and rehabilitation.

Cecilia Dalman Eek, President of the Chamber of Regions of the Congress of Local and Regional Authorities, briefed the participants about Congress activities aimed at supporting Ukrainian children and recalled that the protection of children`s rights often involved local players. Ms Dalman Eek welcomed the initiative and committed to ensuring that other Congress members learn about the course to strengthen the judicial systems in their respective countries, including Ukraine. A plenary debate on the situation of the children of Ukraine had been held by the Congress in March 2024, so members were generally aware of these children’s special need for protection.

Olena Khomenko, Vice-President of the PACE, Chair of the parliamentary network on the situation of children of Ukraine, spoke about the activities and the work of the Parliamentary Assembly of the Council of Europe. Ms Khomenko drew attention to two recent PACE resolutions - Resolution 2495 (2023) “Deportations and forcible transfers of Ukrainian children and other civilians to the Russian Federation or to temporarily occupied Ukrainian territories: create conditions for their safe return, stop these crimes and punish the perpetrators” and Resolution 2529 (2024) “Situation of the children of Ukraine”. The latter proposes specific steps including harmonising sanctions policy, cooperating with Ukrainian authorities, putting diplomatic pressure on Russia etc. The representatives of 46 member states join the PACE Network on the situation of Ukrainian children, an effective mechanism which helps Ukraine to raise problematic issues among parliamentarians and further escalate them to the governmental level. One of the main objectives is to find an effective mechanism for the safe return of children and improve the dynamics. Children who remain in the occupied territory are under threat of further deportation and are affected by indoctrination and militarisation equally to those children who have been deported. The priority is preventing the deportation, creating conditions that would enable safe return of children, and bringing perpetrators to justice. 

Jennifer Schuetze-Reymann, Children’s Rights Division, DGII, Council of Europe, informed that the Children Rights Division is engaging at multiple levels in  projects in support of children of Ukraine,  projects which are aligned with the Council of Europe Action Plan for Ukraine and the Council of Europe child’s rights strategy for 2022-2027. She mentioned the project on protecting the rights of Ukrainian children during war and post-war period, the manual on psychological support and assistance to children who went through traumatic events, and a training for trainers, an eLearning course with over 800 users. The Consultation Group on Children of Ukraine constitutes a multilateral cooperation platform between CoE member states, including Ukraine, as well as international organisations and civil society, to discuss legal and policy issues affecting children of Ukraine and covers a broad thematic scope.

Recording of the Conference available via the links:

First part

Second part

Materials of the conference