Russia –Ukraine conflict and reproductive technologies: protecting surrogate-born children from crimes against humanity and war crimes

Abstract

This article examines the situation of surrogacy-born children in the Russia–Ukraine armed conflict through a complementary lens that brings together international humanitarian law, human rights law, and international criminal law, in order to assess the regulatory gaps that exacerbate their vulnerability. After outlining the applicable legal frameworks and their shortcomings, the analysis shows how the conflict heightens the risks of forced transfer, trafficking, and illicit adoption. On that basis, these acts are identified as potential crimes against humanity and war crimes under Rome Statute. Finally, the article present recommendations to remedy the absence of specific safeguards in the ICC Office of the Prosecutor’s Policy on Children and calls for greater attention and protection for this vulnerable group.