Forcible Transfers of Ukrainian Children: Indoctrination as a Tool of Russia’s Imperialism
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Forcible Transfers of Ukrainian Children: Indoctrination as a Tool of Russia’s Imperialism
German Yearbook of International Law, Vol. 66 (2023), Iss. 1 : pp. 205–235
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Yulia Ioffe, University College London. ,
Abstract
Abstract: In the wake of Russia’s aggression against Ukraine, reports have surfaced, indicating the systematic and widespread forcible transfers of Ukrainian children from temporarily occupied territories to Russia. Mounting evidence suggests Russia’s efforts to indoctrinate these children and erode their national identity are reminiscent of historical colonial practices. Although not unique to Russia, forcible child transfers have historical precedents globally. Understanding this history is essential for comprehensively addressing genocide, particularly, as defined in Article II(e) of the Genocide Convention. This article explores the classification of forcible child transfers as a form of genocide, with a focus on the Ukrainian context. Examining the impact of colonial powers on the drafting of the Genocide Convention, this article provides historical context for the limitations of international law, particularly the law of genocide, which hinders the legal challenge of colonial violence within its framework. It demonstrates how Article II(e) can be seen as a trace of Raphael Lemkin’s original idea, which famously included cultural genocide. The article analyses the challenges in establishing genocidal intent for forcible transfer of children and the role of indoctrination in facilitating the biological absorption of one group into another. Additionally, it provides a historical overview of Russia’s colonial practices, drawing parallel with present-day transfers. The article concludes by examining the ongoing forcible transfers of Ukrainian children to Russia, highlighting Russia’s policies on re-education and military training as tools to dissolve the national Ukrainian identity and absorb Ukrainian children into the Russian population.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Yulia Ioffe\nForcible Transfers of Ukrainian Children: Indoctrination as a Tool of Russia’s Imperialism | 205 | ||
| I. Introduction | 205 | ||
| II. Drafting Genocide Convention and Colonial Powers | 208 | ||
| A. Lemkin’s Interest in Colonial Genocides | 208 | ||
| B. Cultural Genocide and the Genocide Convention | 210 | ||
| C. Cultural Genocide and Forcible Transfer of Children | 212 | ||
| III. Forcible Transfer of Children as Genocide | 216 | ||
| A. Forcible Transfer of Children as a ‘Philanthropic’ Endeavour | 216 | ||
| B. Interpretation of Article II(e) of the Genocide Convention by Courts and Tribunals | 217 | ||
| 1. Domestic Courts | 217 | ||
| 2. International Courts | 218 | ||
| C. Indoctrination as a Tool of Imperialism | 220 | ||
| IV. Russia’s Historical Colonial Practices | 223 | ||
| A. Russian Empire and Colonialism | 223 | ||
| B. Soviet Union, Mass Deportations, Ethnic Cleansing, and Russification | 224 | ||
| C. Soviet Union and Forcible Transfer of Children | 227 | ||
| V. Contemporary Forcible Transfer of Ukrainian Children to Russia | 228 | ||
| VI. Conclusion | 234 |