On March 17, 2023, a truly unprecedented and symbolic event took place – the International Criminal Court (ICC) issued arrest warrants against Russian President Putin and his Commissioner for Children’s Rights, Ms. Lvova-Belova, on suspicion of committing illegal deportation and forcible transfer of Ukrainian children during Russia’s armed aggression in Ukraine. For the first time in its history, the ICC has decided to arrest the head of one of the world’s most influential states, a permanent member of the UN Security Council. This decision moved the accusations of the Russian Federation’s leadership out of the realm of subjective political statements of various statesmen acting in accordance with the geopolitical interests of their states to the area of objective and professional legal assessment by judges entrusted by 124 states to administer international justice against international criminals. The very reaction of the Russian authorities to this decision – putting the ICC Prosecutor and the judges involved in issuing the warrant on the wanted list, attempting to level the legitimacy of the grounds for this decision, and emphasizing its negative impact on the process of returning Ukrainian children – speaks for itself: the arrest warrant for Putin and his authorized commissioner has impressed the Russian authorities, and Putin could not brazenly ignore it like other rulings of international courts and organizations (in particular, the provisional order of the International Court of Justice to stop hostilities in Ukraine).

However, as of today, more than a year has passed, and the emotional perception of these warrants has long since waned, and there has been nothing to extend or reinforce it in the meantime. Of course, it is quite clear that the pre-trial and trial investigation within the ICC is a long process, with an average of 8 years from the opening of proceedings to the announcement of a verdict in the International Criminal Court. Given the secrecy of the investigation and the interests of witnesses and victims, no interim information on the status of the ICC investigation has been published or disclosed. Nevertheless, it is important to realize that Ukraine and the world are dealing with such a powerful enemy of such high status and importance for the first time: Russia is a member of the nuclear club, a permanent member of the UN Security Council, a member and sponsor of many other international organizations, which they use as a mouthpiece for their propaganda or to justify aggression.

As of today, Ukraine continues to fight for its survival in the midst of a terrible war with Russia. Therefore, progress in cases of conviction of the Russian leadership for crimes against children is extremely important, as it will contribute to delegitimizing Putin’s actions and status and will encourage countermeasures against Russia even by those states acting reluctantly in their opposition to the aggressor. Furthermore, progress in the proceedings against Putin and Lvova-Belova will also bring justice to the victims of crimes against children and their families. Accordingly, any delay in this regard is unjustified and even criminal.

Until the issue of establishing a Special Tribunal for the Crime of Aggression is resolved, the accusation in illegal deportation and forcible transfer of Ukrainian children is the only case where it is possible to establish legally and with certainty Putin’s direct and personal involvement in the commission of a crime in accordance with criminal law standards, not just simply through general political statements about the criminality of Putin’s actions against Ukraine. Therefore, all the attention and efforts of both the pre-trial investigation bodies and the ICC, as well as of the states regulating activities of their national bodies and ensuring the exchange of evidence and other information, should be directed to this proceeding. One should not forget that the ICC is not only a court, but also a full-fledged international organization governed by the Assembly of States Parties, which has a fairly wide range of powers and can take measures that will help encourage the Court to speed up the pre-trial investigation in this case. As of today, most of the episodes of crimes against Ukrainian children have already been identified, and the dynamics of discovering new facts is almost non-existent for a number of reasons. In particular, the largest part of them were the facts of committing all existing and horrific acts against Ukrainian children in the territories temporarily occupied by Russia, but now liberated by the Armed Forces of Ukraine. For quite a long period of time, the established indicators have been changing only slightly, and not because Russians stopped committing crimes but because the situation at the front has changed, the Russians have firmly established themselves in the occupied territories and, accordingly, it is very difficult or even impossible to obtain information from there, as well as from Russia itself regarding the Ukrainian children taken there.
This study was prepared to remind us of this and to maximize the focus of attention on responsibility for crimes against children in the eyes of the international community and Ukraine’s partners. Its goals were to recall what crimes against Ukrainian children were committed by Russians, in what number and how they are qualified under international law, what progress has been made in achieving international legal accountability for crimes against children, and to formulate
recommendations and calls for further actions, their transformation and acceleration. This study is in no way intended to accuse the ICC and/or national pre-trial investigation and prosecution authorities of inaction and the progress made is remarkable and invaluable. However, in the context of the global confrontation with an undoubtedly powerful aggressor, there should be no unjustified stops on the path to bringing criminals to justice, and the attention of Ukraine’s partner states to this topic should not fade away – the official recognition of Putin as a criminal is extremely important both symbolically and practically for defeating him and achieving justice for the victims of crimes.

Find the full brief via the link.