Ukrainian President Volodymyr Zelenskyy on Wednesday accused Russia of continuing to hold “thousands” of Ukrainian citizens captive, even as representatives from both countries, along with the United States, convened in Geneva for talks aimed at ending Russia’s ongoing military invasion. Zelenskyy made the statement via social media, coinciding with the anniversary of a March 2023 International Criminal Court (ICC) warrant for the arrest of Russian President Vladimir Putin and his commissioner for children’s rights, Maria Lvova-Belova.
The ICC warrant accuses Putin and Lvova-Belova of the war crime of unlawful deportation and transfer of children from occupied Ukrainian territories to Russia. According to the court, the alleged crimes involve the unlawful deportation of children and their unlawful transfer across international borders.
Moscow does not deny transferring Ukrainian children to Russia following the full-scale invasion launched in February 2022, but maintains the transfers were carried out to ensure the children’s safety. Russian authorities claim the children will be returned to their families if relatives approach forward. This justification has been widely disputed by Ukraine, which accuses Russia of forcibly “Russifying” the children through re-education and indoctrination programs, effectively severing their ties to Ukrainian identity.
The current negotiations in Geneva, also attended by security advisors from Germany, Italy, France, and the United Kingdom, represent a renewed, though fragile, attempt to uncover a diplomatic resolution to the conflict. Details of the discussions remain scarce, but the presence of high-level representatives signals a continued, albeit limited, engagement between the warring parties.
While the ICC warrant represents a significant symbolic step towards accountability for alleged war crimes, its practical enforcement remains a substantial challenge. Putin, as a head of state, enjoys a degree of immunity from prosecution, and any trial in absentia would be difficult to execute. Russia does not recognize the jurisdiction of the ICC.
Separately, discussions are underway regarding the establishment of a special tribunal to investigate the crime of aggression against Ukraine, a charge the ICC is not currently mandated to address. The Europarat and Zelenskyy have been advocating for this tribunal, aiming to hold Putin and other Russian leaders accountable for initiating the war. An agreement to establish this tribunal was signed in Strasbourg, with the intention of it being based in The Hague.
