The International Criminal Court (ICC) provoked a strong international reaction when it issued, on March 17, an arrest warrant for Russian President Vladimir Putin for alleged war crimes. Few were aware, however, that Maria Lvova-Belova, Commissioner for Children’s Rights in Putin’s Cabinet, is also in the ICC’s crosshairs. The warrants concern the alleged forced deportation of children from Russian-occupied areas of Ukraine.
According to The Wall Street Journal, this is “a historic movement that focuses attention on tens of thousands of young victims of war. It is the first time that the leader of a nuclear superpower has been called to account before the court.” Kremlin spokesman Dmitry Peskov called the International Criminal Court’s action “legally void” and “outrageous and unacceptable”.
The announcement came two days after the publication of a report of the UN Independent International Commission of Inquiry on Ukraine. According to the document, there is evidence of the illegal transfer of hundreds of Ukrainian children to Russia. The commission stated that both parents and children faced many obstacles in establishing contact, with the onus falling mainly on the children. The report concludes that forced deportations “violate international humanitarian law and constitute a war crime”.
the allegations
According to an ICC statement, Russian President Vladimir Putin is “allegedly responsible for the war crime of illegal deportation of population (children) and illegal transfer of population (children) from occupied areas of Ukraine to Russia.” “There are reasonable grounds to believe that Mr. Putin bears individual criminal responsibility” for the alleged crimes, the court said, both directly and for failing to exercise adequate control over subordinates who committed them “or permitted their commission, and who were under his effective authority and control, in accordance with the responsibility higher”.
The commissioner would have committed the war crimes of illegally deporting population (children) and illegally transferring population (children) from occupied areas of Ukraine to the Russian Federation. The charges could carry a life sentence. “There are reasonable grounds to believe that Ms. Lvova-Belova bears individual criminal responsibility for the aforementioned crimes, having committed the acts directly, jointly with others and/or through others,” the ICC said in a statement. Also according to the court, the crimes would have been committed in Ukrainian territory occupied by Russia since the beginning of the invasion.
“We must ensure that those responsible for alleged crimes are held accountable and that children are returned to their families and communities,” ICC prosecutor Karim AA Khan said in a statement.
“The human impact of these crimes was also clear during my most recent visit to Ukraine. I visited one of the shelters from which the children were allegedly taken, close to the current front lines of the conflict. The accounts of those who cared for these children and their fears about what happened to them underscored the urgent need for action,” Khan said.
the evidence
According to the ICC, the content of the warrants will remain secret “to protect victims and witnesses and also to safeguard the investigation”. But since there is a continuity of the alleged crimes and the publication of the warrants “may contribute to the prevention of new crimes”, the court stated that it was disclosing that it had issued them.
On March 19, the agency Reuters published facts and figures provided by the Ukrainian authorities, which help to bring a better dimension on the subject:
- According to an interview with Ukraine’s attorney general Andriy Kostin, conducted on March 17, the deportation of more than 16,000 children from Russian-occupied areas was being investigated. “But the real number could be much higher,” said Kostin.
- Ukraine has managed to recover 308 children so far, officials told the Reuters.
- Daria Herasymchuk, Adviser-Commissioner to the President of Ukraine for Children’s Rights and Rehabilitation, who spoke to the news agency on March 17, said that there were five main ways Russia uses to illegally transfer Ukrainian children to its territory: families from the occupied areas to take the children to Russian children’s camps for the holidays and did not return them within the agreed time frame; withdrawing Ukrainian children from institutions in occupied areas; separating children from their parents at filtering checkpoints, places where Ukrainian citizens from occupied regions are screened and processed before being allowed into Russia; withdrawing parental rights through laws enforced in occupied territories; and even in cases where children stayed with other adults after their parents died, Russia took them away.
What does the Commissioner say?
Commissioner Maria Lvova-Belova on Tuesday rejected the International Criminal Court’s allegations that she was responsible for the illegal deportation of children from Ukraine, calling them false.
At a news conference, she stated that her commission had acted on “humanitarian grounds” to “protect the interests of children” in an area where military action was taking place. She also said that she did not move anyone against her or her parents’ or legal guardians’ wishes, stating that consent was always requested unless they were missing.
Lvova-Belova also stated that the children were not given up for adoption. According to her, the children were placed with temporary legal guardians in foster homes.
“As far as the ICC accusations are concerned, we do not understand what we are accused of. Give us the facts and we will investigate. So far, everything seems like a farce without details and incomprehensible,” said Lvova-Belova.
Furthermore, she stated that the ICC has not submitted any documents to her office and that Ukraine has also not sent any official requests regarding children allegedly separated from their parents.
According to a report by Associated Press published on October 13, 2022, “Russian law prohibits the adoption of foreign children without the consent of the country of origin, which Ukraine has not granted. But in May 2022, President Vladimir Putin signed a decree making it easier for Russia to adopt and give citizenship to Ukrainian children without parental care – and harder for Ukraine and their relatives to get them back.”
According to the AP, Russia has also prepared a register of suitable Russian families for Ukrainian children and pays them for each child who obtains citizenship. The amount can be up to US$ 1,000 for people with disabilities.
According to the AP report, Russia also organizes summer camps for Ukrainian orphans; it offers “patriotic education” classes and even runs a telephone service to match Russian families with children from Donbass.
Reaction
Maria Lvova-Belova was Russia’s keynote speaker at an informal meeting of the UN Security Council this Wednesday (5) convened by Moscow. In a video statement, she reiterated her innocence.
When Lvova-Belova took the floor, the representatives of the United Kingdom, United States, Albania and Malta left the room.
“The fact that they are inviting someone indicted by the ICC speaks for itself,” said Deputy UK Ambassador James Kariuki. The UK Mission added in a statement: “If it wants to give an account of its actions, it can do so in The Hague. [Países Baixos]”, city where the International Criminal Court is headquartered.
As reported by the agency Associated Press as of Wednesday, the chances of Putin and Lvova-Belova facing a trial are remote as Moscow does not recognize the court’s jurisdiction.
The International Criminal Court, based in The Hague, Netherlands, is the world’s first permanent international criminal court. Created in 2002, its objective is to investigate and, when justified, prosecute individuals accused of the most serious crimes that concern the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
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