Access to Water in Donbass and Crimea: Attacks Against Water Infrastructures and the Blockade of the North Crimea Canal
Publisher: Review of European, Comparative & International Environmental Law
Author(s): Marco Pertile and Sondra Faccio
Date: 2019
Topics: Basic Services, Governance, Renewable Resources
Countries: Russian Federation, Ukraine
This article analyses two situations currently endangering water security in Donbass and Crimea, highlighting the international law obligations of the actors involved. First, the article analyses the ongoing armed conflict in Donbass, exploring what responsibilities may be envisaged under the applicable rules of international humanitarian law and international criminal law for the actors involved in the continuous attack and damaging of water facilities. Second, the article focuses on the legality of Ukraine’s decision to block the North Crimea Canal, thereby stopping the flow of water towards the occupied territory of Crimea. The question is whether this action can be qualified as a lawful sovereign decision or whether there are international rules limiting Ukraine’s discretion. The article analyses the legal obligations of both Ukraine and the Russian Federation under general international law, international humanitarian law and human rights law.