War's Hidden Victim: The Environmental Toll of Russia's Invasion of Ukraine
Publisher: Peace Magazine
Author(s): Alexander Belyakov
Date: 2024
Topics: Governance, Weapons, Waste, and Pollution
Countries: Russian Federation, Ukraine
While the world is focused on the enormous human toll of Russia’s war on Ukraine, the conflict has also destroyed and contaminated its natural environment, with severe implications for human health, biodiversity, and overall ecological stability.
Ukrainian officials are compiling a case against Russia, aiming to present it to the International Criminal Court (ICC) in The Hague for environmental war crimes. If successful, this would be an unprecedented legal achievement. It would mark the first time the ICC convicted a nation for ecological destruction as a war crime.
Under the Rome Statute of the ICC, an environmental destruction act can be deemed a war crime. It becomes a war crime when an attack is knowingly executed despite its potential to cause “widespread, long-term and severe damage to the natural environment,” and this damage is deemed “clearly excessive” relative to the anticipated overall military advantage.
However, demonstrating such excessive destruction relative to military advantage has proven challenging.
Russia has also not ratified the Rome Statute, so does not recognize its jurisdiction. Should the ICC accept Ukraine’s submission, the proceedings against Russia could span several years.