Vol. 13 No. 82 (2024)
Articles

Forced evacuation as a mechanism of special protection measures for children during armed conflict

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  • Kateryna Chepkova,
  • Lidiia Herasymchuk,
  • Viktoriia Mazur
Kateryna Chepkova
Taras Shevchenko National University, Kyiv, Ukraine.
Author Biography

Candidate of Legal Sciences (PhD in Law), Associate Professor, Military Law Department, Military Institute of Taras Shevchenko National University, Kyiv, Ukraine.

Lidiia Herasymchuk
National Academy of Internal Affairs, Kyiv, Ukraine.
Author Biography

Candidate of Legal Sciences (PhD in Law), Associate Professor, Professor, Department of Civil Law of Educational and Scientific Institute of Law and Psychology, National Academy of Internal Affairs, Kyiv, Ukraine.

Viktoriia Mazur
National Academy of Internal Affairs, Kyiv, Ukraine.
Author Biography

Candidate of Legal Sciences (PhD in Law), Associate Professor, Associate Professor, Department of Civil Law of Educational and Scientific Institute of Law and Psychology, National Academy of Internal Affairs, Kyiv, Ukraine.

DOI: https://doi.org/10.34069/AI/2024.82.10.25

Published 2024-10-30

Keywords

  • children, armed conflict, special protection, preventive mechanism, forced evacuation.

How to Cite

Chepkova, K., Herasymchuk, L., & Mazur, V. (2024). Forced evacuation as a mechanism of special protection measures for children during armed conflict. Amazonia Investiga, 13(82), 308–316. https://doi.org/10.34069/AI/2024.82.10.25

Copyright (c) 2024 Kateryna Chepkova, Lidiia Herasymchuk, Viktoriia Mazur

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Abstract

The article examines the compulsory evacuation of children by force (hereinafter - forced evacuation) as one of the preventive mechanisms for the implementation of special protection of children during armed conflict. This is a new mechanism introduced by the Ukrainian government in March 2023 with the aim of protecting children in the area of hostilities and armed conflicts under martial law. The authors of the article examine the procedure for making a decision on the forced evacuation of children from a particular settlement in an area where hostilities are taking place and the mechanism of its implementation. It is established that evacuation of children during armed conflicts has been implemented before. However, such evacuations were exclusively voluntary and often involved children unaccompanied by legal representatives. The ‘Ukrainian mechanism’ provides for the forced evacuation of children and must be accompanied by one of their legal representatives. The authors note that this mechanism has been approved at the level of the Ukrainian government (the Parliament has not yet adopted any legislative acts). A comparative analysis of the peculiarities of the legal status of a child under international and national legal acts is carried out to take into account the scope of the child's rights and obligations during evacuation. The article concludes that the forced evacuation of children during armed conflict is a necessary preventive mechanism to provide protection to the most vulnerable category of civilians. At the same time, the authors focus on the existing shortcomings which require further regulatory regulation.

The purpose of the article is to provide a legal analysis of the evacuation of children during armed conflict at the level of international legal instruments and at the national level, and its specific features established in Ukrainian legislation.

The methodological basis of the study are the method of systematic approach, the method of descriptive analysis, the formal legal method and the method of comparative forecasting.

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References

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