ContentsThe U.S. keeps the return of Ukrainian children under special control – Zelenskyy"If Russia does not return the abducted children, it should be recognized as a sponsor of terrorism"Legal qualification of the crimeDepriving children of national identity – a sign of genocideEspreso asked experts whether a breakthrough on this issue can be expected, how realistic it is to resolve it with the help of international mediators, and how these Russian crimes are classified in international institutions.The U.S. keeps the return of Ukrainian children under special control – ZelenskyyOn the territory of Russia, Belarus, and now also reportedly North Korea, about 200 locations have been identified where Russians deport children abducted from Ukraine. In these so-called "camps" they are Russified and militarized. Children are forcibly given new names, documents, citizenship, adopted and forced to forget their Ukrainian identity.This was stated, in particular, at the recent hearings in the U.S. Senate. Democratic Senator Richard Blumenthal stated that this is more than a war crime and can be classified as genocide. He reported that since the beginning of the full-scale war in Ukraine, Russia has forcibly displaced more than 19,000 Ukrainian children, including infants who were only a few months old. Senators emphasized that any agreements with Russia without guarantees of children's return are unacceptable.Ukraine has included the return of children in one of the points of the "peace plan." At the same time, President Volodymyr Zelenskyy, in response to Espreso's question in a WhatsApp chat with journalists, also confirmed that the U.S. keeps the return of Ukrainian children under special control."Indeed, senators and congressmen are working. I am in constant contact with them, have personal meetings and phone calls on this topic. They support it, as does U.S. First Lady Melania Trump. The issue is painful, sensitive for Americans, just as it is for us. But, of course, for us it is closer – because these are our children. Therefore, in the 20-point plan, like the exchange of all our prisoners, this issue (the return of children abducted by Russia – ed.) is included. And as for U.S. congressmen and senators, they are moving forward in Congress with a corresponding bill regarding our children. We will support them in this," Volodymyr Zelenskyy commented."If Russia does not return the abducted children, it should be recognized as a sponsor of terrorism"Political scientist Volodymyr Fesenko, in a comment for Espreso, explained that the return of children is exactly the situation when constant work is needed, similar to work with weapons."We must constantly remind about the existence of the problem and make appropriate efforts. So that the position of the U.S. administration does not change, especially now under Trump. Because we see, unfortunately, the value component is almost absent there, and humanitarian standards mean almost nothing to Trump. And the fact that this point appeared in the peace plan is, in particular, a result of the Ukrainian side's efforts. For us, work with the Senate and Congress as a whole is important. In this case, when we talk about Senate hearings, it's not about some decision being made today. It's about preparing the necessary prerequisites for a very complex legislative decision. If Russia does not return our children, then it should be recognized as a state sponsor of terrorism," political scientist Fesenko noted.He recalled that this issue was raised even under the Biden administration."This is a long-standing goal. I'll remind you, we raised this question under the Biden administration back in 2022. Unfortunately, we did not get a positive decision then for various reasons. Now some senators support us. And therefore, the hearings and preparation of a corresponding bipartisan bill should become the foundation for its advancement. This is both pressure on Russia to return the children and a way to influence the Senate, the House of Representatives, Congress as a whole, the White House, so that they also consider this issue," the political scientist noted.According to Fesenko, Russia shows more readiness for dialogue regarding the return of Ukrainian children, unlike negotiations about ending the war, where Russia takes a more categorical position."Since the problem is extremely large-scale, that's exactly why it needs to be addressed. And that's exactly why this issue is one of the components of a future peace agreement and in any peace negotiations. In so-called peace plans, the return of children always appears alongside the point about prisoner exchange," Fesenko emphasized in his comment.Legal qualification of the crimeHead of the analytical direction of the ZMINA Human Rights Center, Onysia Syniuk, explains that the crime of forced displacement and deportation is a serious violation of international humanitarian law. Such actions can be qualified as a war crime."If such actions have a systematic and widespread character, they can be considered as a crime against humanity. Regarding genocide, this is a separate, most complex category of crimes. Deportation itself is not included in the list of actions that constitute genocide, but it can be part of a broader complex of criminal actions. The Convention defines specific elements of genocide: killing members of a group, causing serious bodily or mental harm, creating conditions that make the group's life impossible, preventing childbirth, and forcible transfer of children from one national group to another. In the modern Ukrainian context, there are facts that may potentially fall under these criteria," the expert explains.She explains that legal qualification depends on the specific criminal proceedings, collection of evidence, and proving all elements of the crime."Genocide is a particularly complex category from the standpoint of proof, while war crimes and crimes against humanity have clearer mechanisms for establishment and proof. In the context of abduction and deportation of children, important articles include the Geneva Convention article prohibiting forced displacement of population, and the article defining rules for displacement of children. In particular, it is forbidden to move children without parental consent or to move them beyond the occupied territory, except in cases of medical necessity," says Onysia Syniuk.It should be noted that lawyers do not have accurate statistics on the number of proceedings regarding child abduction. It is known that one case concerning 367 deported children from territories occupied since 2014 was recently transferred to court. There is also an open proceeding at the International Criminal Court, but so far there are only arrest warrants, and further actions depend on their execution.Depriving children of national identity – a sign of genocideThe hierarchy of possible accused is very broad. But Russia's highest leadership – the president, prime minister, minister of foreign affairs – cannot be held accountable at the national level due to international legal immunities. Only the International Criminal Court has jurisdiction over such persons. Within this court, the crime of deportation can be qualified as a war crime or crime against humanity, and the possibility of reclassification remains open."Speaking about genocide in the context of abduction and "re-education" of children, it's important to understand that the Convention means not only physical displacement. In the case of Ukraine, we see not only the fact of deportation, but also complete immersion of children in an environment that denies and displaces their Ukrainian national identity. This is about systematic attempts to change children's language, culture, historical memory, as well as citizenship changes and transferring children to Russian families, including adoption. Taken together, this can be considered as transfer from one national group to another, which is one of the forms of genocide. However, all this requires careful proof in court," Syniuk emphasized.The realism of proving genocide, the lawyer says, is an open question. It depends on the volume and quality of the evidence base, as well as on which jurisdiction the case will be considered in."At the national level, building such a case is simpler, but the question of its international recognition arises. The International Criminal Court traditionally takes a very careful approach to qualifying genocide, since the criteria for this crime are extremely narrow and strict. This does not mean that genocide is 'more important' than other crimes; war crimes and crimes against humanity are no less serious. But the legal requirements for proving genocide are significantly more complex," the expert concluded.As a reminder, on March 17, 2023, the ICC issued an arrest warrant for Putin and Lvova-Belova. They are suspected of illegal deportation and displacement of Ukrainian children.As of today, the International Coalition for the Return of Ukrainian Children has 46 participants: 43 countries, the OSCE Parliamentary Assembly, the Council of Europe, and the European Union.