Criminal Code of Ukraine

Article 438 of the Criminal Code of Ukraine establishes liability for violations of the laws and customs of war, including actions such as cruel treatment of civilians, forced labor, deportation, looting of national valuables, the use of prohibited methods of warfare, and other violations of the laws and customs of war provided for by international treaties ratified by the Verkhovna Rada of Ukraine.

This article is blanket, as it refers to the norms of international law provided for by international treaties, the binding force of which has been confirmed by the Verkhovna Rada of Ukraine, specifically the Geneva Conventions, their Protocols, and the Rome Statute.

The Geneva Conventions provide special protection to children during armed conflicts, stating that children, as part of the civilian population, have the right to protection from violence, deportation, and other violations of their rights.

The Rome Statute qualifies the recruitment of children for participation in armed conflicts as a war crime. Additionally, crimes affecting children, such as militarization of education and deportation of children, may be regarded as violations of international humanitarian and international criminal law.

Thus, by referencing international treaties, Article 438 provides protection against crimes against children and those affecting children, including deportation, militarization of education, and recruitment into armed forces. It establishes criminal liability for such actions under the laws of Ukraine, including imprisonment for serious violations of the laws and customs of war.

Specifically, these actions are punishable by imprisonment for a term of eight to twelve years. The same acts, if combined with intentional killing, are punishable by imprisonment for a term of ten to fifteen years or life imprisonment.