Thread by @oonuch

"Report on Violations & Abuses of International Humanitarian/Human Rights Law, #WarCrimes/#CrimesAgainstHumanity, related 2 Forcible Transfer/Deportation of Ukrainian Children 2 Russian Federation" @OSCE #TakenFromUkraine #CrimesAgainstHumanity
🧵excerpts
osce.org/odihr/542751

30 Mar 2023 45 states @OSCE consulting Ukraine invoked “Moscow Mechanism” & requested ODIHR 2 ask if Ukraine would invite expert mission on “Deportation of Children amidst Human Rights Violations & Humanitarian Impacts of Russia's war of aggression against Ukraine"

On 4 April 2023, Ukraine established an expert mission composed of three experts - Prof. Veronika Bilkova (Czech Republic), Dr. Cecilie Hellestveit (Norway) and Dr.
Elina Steinerte (Latvia).

The Mission established that a large number of Ukrainian children have been, since 24 February 2022 and even prior to this date, displaced from the territory of Ukraine to the temporarily occupied territories and to the territory of the Russian Federation.

Forcibly displaced Ukrainian children find themselves in an entirely Russian environment, including language, customs and religion and are exposed to pro-Russian information campaign often amounting to targeted re-education as well as being involved in military education.

The Russian Federation does not take any steps to promote the return of Ukrainian children. Rather, it creates various obstacles for families seeking to get their children back.

Mission identitified
1) practices of non-consensual evacuations, transfers & prolonged displacement of Ukrainian children that constitute violations of International Humanitarian Law
2) cases amounting to
grave breaches of Geneva convention IV & war crimes,

Specifically finding Russia is in violation of the
prohibition on forcible transfer or deportation under Article 49 of the GCIV.

The Mission also found mat non-justified prolonged stay or unfounded logistical hurdles violate
the duty to facilitate reunification and contravene the principles embodied within the GCIV that family unity is to be protected and respected.

Mission finds that Russia's…disregard of duty 2 establish compulsory mechanisms under the GCIV 2 track these children, communicate whereabouts & facilitate repatriation or reunification with families, is a violation of Geneva Conventions & exacerbates gravity of other violations

The Mission concludes that the exposure of unaccompanied children to adoption or similar measures of assimilation is incompatible with the GCIV.

Altering the nationality of Ukrainian children is a violation of Article 50(2) of the GCIV. It also contravenes the principles embodied within the GCIV that family unity is to be protected and respected.

Facilitating reeducation and permanent integration into Russian families serves to confirm that the displaced Ukrainian children are indeed the victims of deportation in the sense of Article 49 of the GCIV.

The Mission concluded that numerous and overlapping violations of the rights of the children deported to the Russian Federation have taken place.

Russia manifestly violated the best interests of [Ukrainian] children repeatedly & violated rights to:
identity
unite with family
Information & education
rest
leisure
play
participation in cultural life and art
thought, conscience & religion,
health,
liberty and security.

👆🏻These are all ongoing violations of Articles 3, 8, 9, 10, 12, 14, 17, 20, 21, 24, 28, 29, 31 and 37 (b) of the UN Convention on the Rights of the Child (UNCRC).

The cumulative effects of these multiple violations also give rise to very serious concerns that the rights of these children to be free from torture and ill-treatment and other inhuman or degrading treatment or punishment (Article 37 (a) of the UNCRC have been violated.

Mission concluded that the practice of the forcible transfer &/or deportation of Ukrainian children to the temporarily occupied territories and to the territory of the Russian Federation may amount to a crime against humanity of "deportation or forcible transfer of population".

Read full doc osce.org/files/f/docume… #RussianWarCrimesInUkraine #RussianWarCrimes
#CrimesAgainstHumanity
#actsofgenocide