Document Type

Article

Publication Date

5-20-2024

Abstract

As a result of the armed invasion of Ukraine by the Russian

military, Ukraine has suffered extreme environmental damage that

affects both its land and its people. This article explores the

intersection of international law and environmental protection in the

context of armed conflicts, with a specific focus on the Russian armed

invasion of Ukraine. After describing the devastation faced by

Ukraine, this article examines existing frameworks in international

law such as the Rome Statute, the Geneva Conventions, customary

international humanitarian law, and domestic law. This overview

highlights guidelines in these frameworks that render environmental

damage during war impermissible. Despite the potential for

accountability under the Rome Statute, the relevant provision Article

8(2)(b)(iv) has never been utilized for an environmental claim. With

this in mind, this article next delineates the scope of the environmental

impact of armed conflict, both generally around the world and more

specifically in the Russian armed invasion of Ukraine. Of particular

note is the catastrophic impact on Ukraine’s Nova Kakhovka Dam,

which serves as just one example of how to analyze Ukraine’s

environmental destruction through application of international

guidelines. This article concludes by advocating for the International

Criminal Court (ICC) to investigate environmental destruction as a

war crime, both as a matter of general practice and specifically

against Russia as a reaction to its armed invasion of Ukraine. In

addition to being legally sound, such an investigation would respond

to global demands for accountability and would enable the ICC to

demonstrate its relevance in addressing environmental offenses.

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