On the problem of international legal liability of the Russian Federation for environmental offenses in the territory of Ukraine

The article analyzes the environmental crimes committed by the Russian Federation (hereinafter - the RF) during its aggression against Ukraine, in particular, their scale, consequences and legal mechanisms of accountability. The armed conflict, which began in 2014 and culminated in a full-scale invasion in 2022, has caused large-scale environmental damage that is not only national but also global in nature. Military actions are accompanied by the systematic destruction of infrastructure, pollution of soil, air and water resources, and destruction of natural ecosystems, and this is only a part of the environmental consequences of war. Environmental degradation and destruction as a result of the war not only harms nature itself, but also exacerbates the issue of food and water loss, destroying people’s livelihoods. The situation in eastern Ukraine has become particularly threatening, where the fighting has damaged industrial and critical infrastructure facilities, creating additional environmental risks. However, despite the obviousness of these crimes, bringing Russia to international legal responsibility for them faces a number of problems. The authors have established that despite significant international experience in combating environmental crimes, the definition of “ecocide” in international law remains unresolved. The absence of clear mechanisms for prosecuting environmental crimes, including ecocide, makes it difficult to achieve justice and effective compensation for the damage caused. The article highlights the concept of environmental crimes in international law, which does not have a universally recognized definition of this phenomenon, but contains a number of universal and regional acts regulating such offenses. Particular attention is paid to the assessment of the damage caused, which amounts to billions of dollars and includes both material losses and irreversible damage to the environment. The main international legal mechanisms that can be used to punish the perpetrators and compensate for damages, including reparations, satisfaction and the establishment of a special compensation commission, are considered. Attention is also paid to the initiative to establish the International Register of Damage (RD4U), which is intended to become a basic element of the mechanism of compensation for environmental and other damages.

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-03-28
DOI
https://doi.org/10.24144/2307-3322.2025.87.4.33
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
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article

On the problem of international legal liability of the Russian Federation for environmental offenses in the territory of Ukraine

A. V. Havryliuk, A. O. Zelinska
1 links
Uzhhorod National University Herald Series Law
Wildlife Conservation and Criminology Analyses
article

On the problem of international legal liability of the Russian Federation for environmental offenses in the territory of Ukraine

A. V. Havryliuk, A. O. Zelinska
article en

Abstract

The article analyzes the environmental crimes committed by the Russian Federation (hereinafter - the RF) during its aggression against Ukraine, in particular, their scale, consequences and legal mechanisms of accountability. The armed conflict, which began in 2014 and culminated in a full-scale invasion in 2022, has caused large-scale environmental damage that is not only national but also global in nature. Military actions are accompanied by the systematic destruction of infrastructure, pollution of soil, air and water resources, and destruction of natural ecosystems, and this is only a part of the environmental consequences of war. Environmental degradation and destruction as a result of the war not only harms nature itself, but also exacerbates the issue of food and water loss, destroying people’s livelihoods. The situation in eastern Ukraine has become particularly threatening, where the fighting has damaged industrial and critical infrastructure facilities, creating additional environmental risks. However, despite the obviousness of these crimes, bringing Russia to international legal responsibility for them faces a number of problems. The authors have established that despite significant international experience in combating environmental crimes, the definition of “ecocide” in international law remains unresolved. The absence of clear mechanisms for prosecuting environmental crimes, including ecocide, makes it difficult to achieve justice and effective compensation for the damage caused. The article highlights the concept of environmental crimes in international law, which does not have a universally recognized definition of this phenomenon, but contains a number of universal and regional acts regulating such offenses. Particular attention is paid to the assessment of the damage caused, which amounts to billions of dollars and includes both material losses and irreversible damage to the environment. The main international legal mechanisms that can be used to punish the perpetrators and compensate for damages, including reparations, satisfaction and the establishment of a special compensation commission, are considered. Attention is also paid to the initiative to establish the International Register of Damage (RD4U), which is intended to become a basic element of the mechanism of compensation for environmental and other damages.

Uzhhorod National University Herald Series LawVol. 4(87)
Human Growth Foundation (US)
Openalex Percentile: Top 93%
Wildlife Conservation and Criminology Analyses
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