The draft law, which provides for criminal liability for the forcible transfer of people from Ukraine, is #AtTheCommittee consideration

The Committee on Ukraine’s Integration into the EU is considering a draft law No 8326 on amendments to the Criminal Code of Ukraine and other legislative acts of Ukraine regarding the forcible transfer of individuals under conditions of armed aggression. The drafters of the document note that the Criminal Code of Ukraine does not reflect the significant public danger of acts related to the forcible deportation of Ukrainian citizens and subsequent obstruction of their return. Since the beginning of the war, the forced deportation of Ukrainians, especially Ukrainian children, from the occupied territories has been massive. It has been committed both by representatives of the Russian occupation regime and citizens of Ukraine or former citizens of Ukraine who have accepted Russian citizenship and cooperated with the Russian occupation regime. As of June 1, 2022, according to the Ministry of Internal Affairs of Ukraine, at least 234,000 children were transferred to the Russian Federation, and orphans are at risk of further illegal adoption in Russia.

A legislative framework is being created in the Russian Federation for the adoption of forcibly removed children from Ukraine. This violates Article 49 of the Geneva Convention on the Protection of the Civilian Population in Time of War, according to which any forcible transfers, as well as deportations from occupied territory, are prohibited. Moreover, forcibly transferring children of one national group to another means genocide according to paragraph e) of Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide. The draft law No 8326 aims to establish criminal liability for such actions against citizens of Ukraine. It envisaged the introduction of Article 438-1 into the Criminal Code, according to which the forcible transfer of an individual outside the territory of Ukraine under conditions of armed aggression shall be punishable by imprisonment for a term of 7 to 10 years. The same actions, committed against two or more individuals, or against a minor in the absence of signs of genocide, shall be punishable by imprisonment for a term of 8 to 12 years.

The Ministry of Foreign Affairs of Ukraine called upon the Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross, UNICEF, the Office of the United Nations High Commissioner for Human Rights, the Special Representative of the United Nations Secretary-General on Children in Armed Conflicts and on Violence against Children to take urgent measures for the return of Ukrainian children to Ukraine.