Forced Adoptions of Ukrainian Children from an International Human Rights and Humanitarian Law Perspective

The article analyzes the legality of the Russian practice of forced adoptions of Ukrainian children from an international human rights and humanitarian law perspective. It argues that while the relocation of children from conflict zones to safe areas is generally lawful under international law, these measures must only be temporary, and persons abducted must be returned as soon as possible. This article also argues that human rights obligations must be read in the light of international humanitarian law, which is the lex specialis applicable in armed conflicts. The article concludes that any permanent measures against the will of the children concerned, their families or their legal guardians, constitutes a violation of the rights to a family and private life under the applicable human rights conventions.

Moreover, the permanent deportation of children to the Russian Federation is a grave breach of international humanitarian law, which entails individual criminal responsibility.