UpRights Contributes to Council of Europe Discussions on the Recruitment of Minors for Crimes Against National Security
12-12-2025
On 11 December 2025, the Council of Europe convened prosecutors from the Office of the Prosecutor General of Ukraine (OPG) and regional offices to address the recruitment of children to commit acts that threaten national security in Ukraine. The increasing number of cases – often involving minors recruited online to carry out sabotage or attacks on infrastructure – has raised urgent questions about responsibility, accountability, and the rights of children exploited by foreign actors.
UpRights was invited to contribute to the session, with Co-Director Valérie Gabard and Legal Advisor Ciara Laverty sharing the results of research commissioned by the Council of Europe and the OPG. A central focus of UpRights’intervention was the amendment to Article 438 of the Criminal Code of Ukraine, which criminalizes the “recruitment or use of a child for participation in an armed conflict, military (combat) operations.” Their presentation focused on how Ukrainian law interacts with international standards on the recruitment and use of children in armed conflict, and how these legal frameworks can guide prosecutorial strategies in Ukraine.
UpRights also stressed that children coerced or manipulated into such acts must be viewed primarily as victims. Although international law does not prohibit prosecuting minors for crimes they commit, prevailing standards require states to prioritize alternatives to judicial proceedings, limit the use of detention, and ensure rehabilitation and reintegration.
—
UpRights remains committed to supporting Ukrainian prosecutors and judges in navigating these complex issues – combining comparative expertise, international standards, and practical approaches to accountability that reflect the realities of the armed conflict and the vulnerabilities of the children affected.
This work forms part of the Council of Europe project “Fostering Human Rights in the Criminal Justice System in Ukraine – Phase II,” under the Action Plan for Ukraine “Resilience, Recovery and Reconstruction” (2023–2026).
Let’s meet.
UpRights is based in The Hague, Netherlands
Info@uprights.org
Phone: +31 707013213
