Justice in Conflict

David Krott joins JiC for this guest post on damage inflicted by the war in Ukraine on the natural environment, and its possible treatment by international criminal law. David is as a research assistant at the FH Aachen (Germany) and am PhD candidate at the Vrije Universiteit Brussels, specialising in international environmental criminal law. David has previously written for JiC on climate change and international law here.

Fires in the closed and highly radioactive exclusion zone around Chernobyl, the leak of ammonia from a factory in Sumy, and missiles hitting Europe’s largest nuclear power plant in Zaporizhzhia. These stand as examples of the damage wrought upon the environment by the ongoing war in Ukraine. They represent the harm and threat potential for humans found within these acts of environmental warfare. They also underline how closely warfare is linked with human suffering and environmental harm.

The war in Ukraine has challenged international relations and brought unspeakable harm to the population of Ukraine, its culture, and its infrastructure. In these kinds of conflicts, the natural environment often recedes into the background. But the environment in Ukraine is still suffering a great deal under the war. The threat of environmental harm in Ukraine reaches far across the country’s borders and should be viewed through the eyes of international criminal law.

The natural environment as a victim in the Ukraine war

The natural environment is a major loser in any armed conflict. History is full of examples where the environment was a prime victim of warfare. The environment has even been used as a means of warfare, such as when belligerents apply scorched earth tactics, pollute their enemy’s water supply, or use biological or chemical weaponry directly in combat. Grave environmental harm resulting from war is evident once again in the current war in Ukraine. While the environmental damage cannot be tied to any single event, it stems from the impact of bombs and other explosive projectiles, attacks on fragile infrastructure and industry, as well as secondary causes ignited by hostilities, such as wildfires.

In Ukraine, incidents damaging the environment have ranged from water, soil and air pollution and wildlife harm, to a potential radioactive catastrophe. During the first month of the invasion, many of the country’s most vulnerable ecosystems, which lie in active war zones, have been affected heavily by the fighting. Every bomb and missile launched contains waste and heavy metals, polluting the soil and potentially the groundwater. Relevant infrastructure closely linked to environmental matters may also be targeted as a means of warfare. There have been repeated attacks on fossil fuel infrastructure, electricity stations, water supply systems, and nuclear facilities. The country possesses strong industry, including chemical factories, steel plants and weapon factories. Those industries present a wide array of potential environmental hazards. One particular threat arose with an ammonia leak in a chemical factory that was caused by shelling.

The potential threat to the environment is not only of particular concern to Ukraine. Readers will know well that one of the worst environmental catastrophes of the 20^th century took place in Ukraine: the explosion of the nuclear reactor of the Chernobyl power plant. The incident had effects far across the borders of Ukraine. During this war, Russian troops took control of Chernobyl in the first days after their invasion, leaving the world in the dark about its security. Furthermore, Europe’s largest nuclear power plant, Zaporizhzhia, was also directly attacked. Fears of another nuclear catastrophe are high. The potential harm resulting from a fatal hit on a nuclear power plant would cause significant transnational fallout. These consequences do not arise from the immediate effects of a potential nuclear disaster alone. The pollution of waterways and the air by radioactive particulates would likewise pose a global environmental threat.