Forced Transfer of Children from One Group to another from a Position of Genocide

The commission of genocide during wartime is recognized as a great threat, since the specified act is aimed at the complete or partial destruction of a certain group. In such conditions, the importance of correctly qualifying the commission of genocide, taking into account all objective and subjective elements of the crime, and determining criminal intent increases. In national criminal law, genocide is recognized as an act committed with the aim of destroying a specific group by the following manifestations: taking the lives of members of the group; causing serious harm to members of the group; creating living conditions for the group aimed at its complete or partial physical destruction; implementing measures aimed at preventing the birth of children in such a group; forcibly transferring children from one group to another.

The purpose of the article is to analyze the forcible transfer of children from one group to another from the perspective of committing the crime of genocide.

This purpose involves studying the norms of the Criminal Code of Ukraine, international documents, and the positions of scholars regarding the qualification of genocide and the definition of concepts.

In Ukraine, the recognition of genocide began with the recording of the forcible transfer of children from one group to another. Since the beginning of the war, the aggressor state has constantly provided information about the number of forcibly displaced children, the national identity of the children has changed, and there is evidence of genocide.

The question arises regarding the use of different concepts in the Convention on the Prevention and Punishment of the Crime of Genocide and the Criminal Code of Ukraine. International documents use the concepts of “child transfer” and “forcible transfer”.

The negative consequences of the forced transfer of children from one group to another are noted, in particular, a large number of displaced children; a negative impact on the further reproduction of the nation; a decrease in the identity of the group; the use of force or threats of force; constant discussion of the issue in the media of the aggressor state.

The transfer of children from one group to another is recognized as an act of genocide, but it is necessary to examine all the important aspects of this crime, taking into account the existing threat to children in times of war. The practical danger lies in the negative impact on children who are transferred to another group and are trying to influence future generations.