Prosecuting Individuals for Environmental Harm in the Armed Conflict Between Russia and Ukraine: The Case of Destruction of the Kakhovka Dam

The ongoing conflict between Russia and Ukraine has caused serious harm to the environment, resulting in the destruction of ecosystems, a reduction in biodiversity, and damage to natural reserves and protected ecosystems. This type of damage may fall under the jurisdiction of both the International Criminal Court (ICC) under Art. 8(2)(b)(iv) of the ICC Statute regarding war crimes and the Ukrainian domestic courts under Art. 441 of the Criminal Code of Ukraine (CCU) regarding ecocide. However, while Ukrainian domestic judicial authorities are already conducting investigations under Art. 441 CCU, the prosecution by the ICC for environmental damage should satisfy the high threshold imposed by Art. 8(2)(b)(iv) of the ICC Statute. It would be interesting to see whether the ICC Prosecutor will initiate an investigation into the Kakhovka dam bombing, just like Ukrainian domestic authorities have already done.

Authors

Institutions

Publication Details

Journal
Polish Yearbook of International Law
Published
2024-11-28
DOI
https://doi.org/10.24425/pyil.2024.152301
Primary Topic
Environmental and Biological Research in Conflict Zones
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Prosecuting Individuals for Environmental Harm in the Armed Conflict Between Russia and Ukraine: The Case of Destruction of the Kakhovka Dam

Khrystyna Gavrysh
Polish Yearbook of International Law
Environmental and Biological Research in Conflict Zones
article

Prosecuting Individuals for Environmental Harm in the Armed Conflict Between Russia and Ukraine: The Case of Destruction of the Kakhovka Dam

Khrystyna Gavrysh
article en

Abstract

The ongoing conflict between Russia and Ukraine has caused serious harm to the environment, resulting in the destruction of ecosystems, a reduction in biodiversity, and damage to natural reserves and protected ecosystems. This type of damage may fall under the jurisdiction of both the International Criminal Court (ICC) under Art. 8(2)(b)(iv) of the ICC Statute regarding war crimes and the Ukrainian domestic courts under Art. 441 of the Criminal Code of Ukraine (CCU) regarding ecocide. However, while Ukrainian domestic judicial authorities are already conducting investigations under Art. 441 CCU, the prosecution by the ICC for environmental damage should satisfy the high threshold imposed by Art. 8(2)(b)(iv) of the ICC Statute. It would be interesting to see whether the ICC Prosecutor will initiate an investigation into the Kakhovka dam bombing, just like Ukrainian domestic authorities have already done.

Polish Yearbook of International Law
University of Ferrara (IT)
Life in Land
Openalex Percentile: Top 67%
Environmental and Biological Research in Conflict Zones
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.