An estimated 20,000 Ukrainian children have been taken into Russian custody. They are scattered across orphanages, camps, and foster homes.
Since Russian-occupied regions remain largely inaccessible, the true number may be even higher. Behind each statistic lies a personal tragedy and a test of international resolve.
One such case is 15-year-old Alina Kovaleva, abducted from the Kherson region, where Russian authorities forged adoption papers to erase her Ukrainian identity.
Another is 17-year-old Ksenia Koldin, who risked her life to rescue her 11-year-old brother, Serhii, after he was illegally placed with a pro-Russian family.
Similarly, 17-year-old Valeria Sydorova was forcibly removed to Russia but made the harrowing journey home.
The International Criminal Court (ICC) offers a narrow but potentially powerful diplomatic path to reunite families like these.
To be clear, the ICC has often acted in ways that are unfair to the United States and Israel. Its warrant against Israeli Prime Minister Benjamin Netanyahu is both unjustified and politically motivated.
While it is not in America’s national interest to join the ICC, the Court has legal tools that could help Ukraine achieve a humanitarian victory in this unique case.
Ukraine accepted ICC jurisdiction in 2015 under Article 12(3) of the Rome Statute, allowing the Court to investigate war crimes committed on Ukrainian territory. In January 2025, Ukraine formally ratified the Rome Statute and became a full member.
The current arrest warrants were issued under the earlier Article 12(3) framework. This narrow legal window presents a unique opportunity involving displaced children and two nonmember states.
Unlike proposals that ask Ukraine to trade territory for vague promises of peace, this issue is different. It offers both sides something tangible and verifiable.
Ukraine would achieve the safe return of its children. Russia would receive conditional relief from ICC prosecution, but only after full cooperation.
If Russia and Ukraine agreed in principle to the safe and verifiable return of these children, they could jointly notify the ICC Prosecutor of their intent to resolve the matter.
Under Article 53 of the Rome Statute, the prosecutor may suspend or decline to pursue a case if doing so would better serve the “interests of justice.” Verification would be essential: Independent monitors such as the International Committee of the Red Cross could oversee returns, document reunifications, and confirm compliance through transparent audits.
This would not be impunity. It would be conditional justice, tied directly to the restoration of families and to verifiable outcomes.
Only full compliance would merit the withdrawal of the warrants. The prosecutor could then petition the pre-trial chamber to withdraw the relevant arrest warrants under Article 58.
For Ukraine, the return of its children would be both a moral and political victory.
For Russia, President Putin would once again be able to travel internationally without fear of detention. He was already unable to attend the 2023 BRICS summit in South Africa due to ICC warrants.
In April 2025, President Putin was unable to attend the funeral of Pope Francis.
Given the profound distrust between Kyiv and Moscow, a limited, verifiable agreement on this humanitarian issue may be the only feasible diplomatic achievement in the near term. It offers both sides something real without demanding political surrender.
There is a historical precedent for this kind of diplomacy.
In 1983, at the height of Cold War tensions, President Ronald Reagan quietly negotiated the release of Pentecostal Christians who sought refuge in the U.S. Embassy in Moscow.
President Reagan promised the Soviets he would not publicize their release. After President Reagan kept his promise, this small gesture of trust laid groundwork for larger arms control breakthroughs, including the INF Treaty in 1987 and START in 1991.
Like President Reagan’s effort to free the Pentecostals, this mission aims to reunite families. It also aligns with President Trump’s America First agenda.
Trump has long insisted that NATO allies increase their defense spending. In that spirit, our European partners should exhaust all legal and diplomatic options, such as the ICC, before appealing to the United States.
This legal and diplomatic opportunity applies only to this specific situation.
It is highly unlikely that this combination of displaced children, nonmember states, and a narrow legal exception under Article 12(3) will arise again. It creates no precedent for other ICC matters involving full-member states.
If realpolitik can bring home Ukraine’s stolen children, it would represent a rare and honorable bargain: a triumph of moral purpose achieved through strategic realism.
Edwin Meese served as Counselor to President Reagan (1981–1985) and U.S. Attorney General (1985–1988). A key architect of the Reagan Revolution, he championed originalism and conservative legal reform. After government, he became a leading scholar at The Heritage Foundation and mentor to a generation of legal conservatives.
Robert Zapesochny is a researcher and writer whose work focuses on foreign affairs, national security and presidential history. He has been published in numerous outlets, including The American Spectator, the Washington Times, and The American Conservative. When he’s not writing, Robert works for a medical research company in New York. Read Robert Zapesochny’s Reports — More Here.
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