Ukrainian parliament considers new criminal liability for war crimes against children

Ukrainian MP Iryna Herashchenko reported the information.

The draft law No. 12170 introduces criminal liability for the illegal transfer, deportation, delayed repatriation, or military use of a child by representatives of a foreign state.

The bill proposes adding a new article to Ukraine’s Criminal Code, setting punishment for these crimes at 8 to 12 years in prison.

As of July 2024, official data shows that Russia had deported, abducted, or illegally relocated 19,546 Ukrainian children.

According to the explanatory note, the bill aims to establish criminal liability for the illegal transfer and unjustified delay in returning children protected by international humanitarian law. It was introduced in response to the mass deportation of Ukrainian children to Russia during the war.

The bill’s authors emphasize that the forced transfer, deportation, and detention of these children by Russia violate the Geneva Conventions, Additional Protocol I, and international humanitarian law — actions that qualify as war crimes.

An independent UN commission confirmed that Russian authorities are not working to reunite children with their families. Instead, they are promoting the integration of these children into Russian society and changing their identities, which poses a serious threat to Ukraine’s national security.

The Criminal Code of Ukraine currently does not include a specific provision for prosecuting such crimes. The bill proposes adding a new Article 448 to establish liability for the illegal transfer and delay in the repatriation of children. It also includes amendments to the Criminal Procedure Code to define how this liability will be applied.

Passing this bill will close gaps in the criminal law, ensure accountability for those responsible, and create stronger protections against similar crimes in the future. The bill does not require any additional budget spending.

• On May 1, Ukraine launched the Register of Deported or Forcibly Displaced Children, a tool that collects, summarizes, and processes information about Ukrainian children illegally removed to Russia.