The Forcible Transfer of Ukrainian Children as Genocide: An Assessment of Russia's Actions in Light of the International Documents and Judicial Rulings

Aghil Mohammadi; Aref Laridashti

doi:10.21697/2025.14.2.03

Published: 2026-02-23

Vol. 14 No. 2 (2025)

The Forcible Transfer of Ukrainian Children as Genocide: An Assessment of Russia's Actions in Light of the International Documents and Judicial Rulings

Aghil Mohammadi

, Aref Laridashti

Polish Review of International and European Law

Section: Articles

https://doi.org/10.21697/2025.14.2.03

Abstract

This article discusses the characterization of the forced transfer of Ukrainian children by Russia as genocide. In March 2023, the International Criminal Court (ICC) classified the forced transfer of Ukrainian children to areas under Russian control as a war crime based on Articles 8(2)(a)(vii) and 8(2)(b)(viii) of the ICC Rome Statute. This article, based on evidence and statements from the parties involved in the conflict, demonstrates that, according to Article 2(e) of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide and Article 6(e) of the Rome Statute, Russia’s actions could also be classified as genocide. This is because the transfer was carried out without the children’s consent and forcibly (Actus reus). Furthermore, the perpetrators were aware of their criminal actions (Mens rea), and there was also a special intent to destroy, in part, Ukrainians as a national group (Dolus specialis). This article presents its content in three sections: Firstly, it outlines some of the most important facts related to the forced transfer of Ukrainian children. In the second section, the concept of the crime of forced transfer of children is discussed, and the Actus reus and Mens rea of this crime as genocide are analyzed Finally, the third section is dedicated to analyzing the possibility of classifying Russia’s actions as genocide.

Keywords:

Ethnical group, Forcible transfer of children, Genocide, Russia, Ukraine

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Mohammadi, A., & Laridashti, A. (2026). The Forcible Transfer of Ukrainian Children as Genocide: An Assessment of Russia’s Actions in Light of the International Documents and Judicial Rulings. Polish Review of International and European Law, 14(2). https://doi.org/10.21697/2025.14.2.03

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