The Right to Flee the Dangers of War: Rethinking Ukraine's Gender-Based Restriction on Civilian Men's Freedom of Movement

Amid Russia’s illegal invasion of Ukraine, the human rights community has understandably focused its attention on human rights violations committed by the Russian state, leaving the human rights implications of Ukraine’s martial law on civilians largely unexamined. This article highlights the ways Ukraine’s travel restriction on “battle-aged” civilian men has harmed three overlapping groups: civilian men, families (including women and children), and trans and nonbinary individuals. It then demonstrates that wartime policies such as this one are at odds with several areas of international human rights and humanitarian law: the right to freedom of movement, the right to conscientious objection, and the principle of respect for family life—all of which are meant to be implemented without discrimination on basis of gender. We conclude this type of gender-based law is not justified according to the International Covenant on Civil and Political Rights’ rules on derogation in time of national emergencies and emerging customary law and should receive greater attention by the human rights community.