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 over all military advantage.
However, demonstrating such excessive destruction relative to military ad vantage 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.
DIVERT RUSSIA’S FOREIGN ASSETS
The massive destruction caused by Russia’s invasion of Ukraine in 2022 was unprecedented in Europe since World War II, and is estimated by international institutions at close to $500 billion.
While the conflict continues, experts are working out a potential framework for environmental reparations from Russia. These may include the diversion of Russia’s $300 billion in frozen foreign assets to pay for restoration and reconstruction of the losses suffered by Ukraine.
The war has painfully revealed its environmental consequences and raised questions of how to address them, as well as efforts to restore the environment and to pursue justice for ecocide – whose effects can be felt for generations, but are not yet considered as international war crimes.
Fortunately there are strategic solutions that can mitigate some of the dam age — improving emergency response capabilities, demilitarizing nuclear power plants, and ensuring effective sanctions on those perpetrating such crimes as the Kakhovka Dam breach. Moreover, sustainable reconstruction and accountability can be achieved through integrating environmental considerations into humanitarian and military programs.
Russia’s invasion of Ukraine has in deed brought irreparable damage to its environment. Nature has suffered greatly, with more than 5,000 cases classified as environmental crimes, with damages amounting to more than $62.2 billion US.
The massive ecological loss at the Kakhovka reservoir ecosystem alone amounts to approximately $4 billion US, and has long-term impacts on species’ habitats. Also worrying are historical nuclear sites like the “Yuny Communar” mine near Yenakiieve in the Donetsk region of eastern Ukraine, which pose significant threats to water supplies and biodi versity due to contamination risks. Regarding restoring Ukraine’s en vironment, experts Andriy Demidenko and Ruslan Strilets advocate for holistic data collection approaches, international engagement, and innovative policy reforms.
In Ukraine’s efforts to restore its en vironment, one fundamental challenge is the variance in the methods used for damage assessment. And this points out how difficult the restoration of The environmental destruction caused by the war in Ukraine is a clear indication of how defenseless nature can be in conflict areas.
Ukraine’s environment would be when the war ends, in addition to the massive cost that has been imposed on it by the Russian invasion.
Demidenko, of Ukraine’s National Academy of Sciences, emphasizes this, stressing that Ukraine must close the gap between its Soviet-based compliance-oriented approach (protecting the interests of extracting industries and manufacturers) and global best practices. The collection of robust data from Ukraine according to the internationally comparable standards is vital as it helps to assess damages accurately and
allows for possible claims at a future date.
The Environmental Compact for Ukraine, presented by the High-Level Working Group set up by the President’s Office, contains 50 recommendations on green recovery. They include restoring war-damaged environments, clearing landmines, greening the economy, and integrating sustainability into reconstruction processes.
Post-war environmental justice and sustainable development in Ukraine will require partnerships and reforms. Even with an ongoing war, EU Green Deal obligations might remain binding. Ukraine’s case is a vital lesson that underscores the necessity for proactive governance models and international cooperation to combat environmental degradation during conflicts.
The recent introduction of the Car bon Border Adjustment Mechanism (CBAM) by the European Commission may provide a basis for restoring the environment. In addition, if Ukraine wants to recover, it must ensure Russia compensates it for ecological damage. So far, the invasion also resulted in the release of more than 175 million tons of CO2.
The environmental destruction caused by the war in Ukraine is a clear indication of how defenseless nature can be in conflict areas. Collaboration between national and international stakeholders is nec essary for these losses to be addressed. Ukraine can demonstrate an inclusive, risk-based governance model (using the best practices from the World Bank and other international organisations) with global partnerships and pointing towards a sustainable future. Military conflicts cause significant environmental consequences, presenting
distinctive challenges for post-conflict governance and policymaking.
Fifty-one Nobel Prize laureates have urged “not to kill each other, but to save the planet.” At present, at least 55 conflicts are ongoing around the globe. Russia’s war in Ukraine marks the first major conflict on the European continent in decades. Now in its third year, its ongoing consequences have reverberated across various countries, leading to increased famine in African nations, a microinvasion had significant climatic impacts and existential effects on Ukraine and neighboring territories. Reconstruction efforts will increase missions.Nuclear Concerns: There are growing and significant risks surrounding the Zaporizhzhia and Chernobyl Nu clear Power Plants during conflicts.
Water Resources: Critical events at the Kakhovka Hydroelectric Power Plant and following disaster, some dam age to Kyiv Hydroelectric Power Plant after Russian attack, chemical dispersals and contamination of the Black Sea have impacted the water sector. The Kakhovka disaster, in the most important plant in Ukraine,
displaced thousands of people, and threatened the agricultural industry of Ukraine, as well as international food
supplies. Experts have attributed it to underwater explosions, in territory occupied by Russia. Biodiversity: Affected Ramsar sites, listed as the world’s most important wetlands, as well as endangered nature reserves have been threatened by the on going war. Over a third of Ukraine’s natural reserves and the Crimean environment are in peril due to military activities since the Russian invasion.
POST-CONFLICT GOVERNANCE
After the war ends, Ukraine will face dual governance challenges: immediate environmental restoration and sustainable policytion crisis in Europe, and the contamination of water, Battle of Bakhmut | Wikimedia frameworks for future resilience. food, and milk supplies with toxic sub stances from the bombings.
We can gain insights into the broader interplay of conflict, environment, and governance through the experience of the war in Ukraine. Civil society groups and international interventions have started to collect data, pointing towards promising investigations in this area by next year. Here are some of their findings:
Land Degradation: The war so far has resulted in land degradation, disrupting ecosystems, agricultural pro duction, and local and global food in security.
Climate Change, Damage to Nature, and Infrastructure: The Russian Zaporizhzhia is the largest nuclear plant in Europe, and a catastrophic accident would dwarf the damage done by the Chernobyl disaster of 1986. It is currently occupied by Russian forces. The Chernobyl plant was seized by the Russians at the onset of the war, and held for 35 days, during which it was looted and damaged.
The assaults made it clear that Ukraine requires better international mechanisms for nuclear facility protection and needs to ensure the demilitarization of the Zaporizhzhia Nuclear Power Plant — which Russia has rejected — to avert nuclear accidents. This was emphasized by a (non-binding) UN General Assembly resolution.
The enormity of the damage inflicted on Ukraine and even Europe will persist through generations. A reminder that the war was not only an assault on a country, but on nature itself.
Alexander Belyakov, PhD, is an Affiliate Faculty at Singapore Management University, a Sustainability Excellence Professional, and one of the co-founding members of the Environmental Peacebuilding Association. More at https://alexbelyakov. com. This article summarizes his presentation at the Third International Conference on Environmental Peacebuilding: https:// www.youtube.com/watch?v=a5iQkpn6Ka8
