Consequences Of Environmental Crimes Caused By Russian Aggression: Problems of Fixation and Prospects for International Prosecution

This article examines the legal framework for prosecuting environmental crimes resulting from Russian aggression against Ukraine. Despite existing international humanitarian law provisions in the ENMOD Convention, Additional Protocol I, and Rome Statute, the threshold for proving "widespread, long-term, and severe" environmental damage remains prohibitively high, with no successful prosecutions to date. Ukraine has documented over 200 criminal proceedings concerning environmental war crimes, with damages exceeding 250 billion hryvnias. The study analyzes national documentation efforts through governmental agencies and civil society initiatives like EcoThreat platform. The research highlights the first-ever wartime ecocide prosecution attempt involving the Kharkiv nuclear facility attack. Recent developments, including PACE Resolution on ecocide codification and the Register of Damage establishment, suggest evolving international response mechanisms. The article concludes that while current IHL capabilities remain limited, Ukraine's experience may catalyze strengthened international environmental monitoring and accountability frameworks.

Authors

Publication Details

Journal
Wiedza Obronna
Published
2025-11-29
DOI
https://doi.org/10.34752/dq2epq77
Primary Topic
Environmental and Biological Research in Conflict Zones
Type
article
Field-Weighted Citation Impact
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article

Consequences Of Environmental Crimes Caused By Russian Aggression: Problems of Fixation and Prospects for International Prosecution

I.V. Kozych, Yurii Mykytyn
Wiedza Obronna
Environmental and Biological Research in Conflict Zones
article

Consequences Of Environmental Crimes Caused By Russian Aggression: Problems of Fixation and Prospects for International Prosecution

I.V. Kozych, Yurii Mykytyn
article en

Abstract

This article examines the legal framework for prosecuting environmental crimes resulting from Russian aggression against Ukraine. Despite existing international humanitarian law provisions in the ENMOD Convention, Additional Protocol I, and Rome Statute, the threshold for proving "widespread, long-term, and severe" environmental damage remains prohibitively high, with no successful prosecutions to date. Ukraine has documented over 200 criminal proceedings concerning environmental war crimes, with damages exceeding 250 billion hryvnias. The study analyzes national documentation efforts through governmental agencies and civil society initiatives like EcoThreat platform. The research highlights the first-ever wartime ecocide prosecution attempt involving the Kharkiv nuclear facility attack. Recent developments, including PACE Resolution on ecocide codification and the Register of Damage establishment, suggest evolving international response mechanisms. The article concludes that while current IHL capabilities remain limited, Ukraine's experience may catalyze strengthened international environmental monitoring and accountability frameworks.

Wiedza Obronna
Peace, Justice and strong institutions
Openalex Percentile: Top 16%
Environmental and Biological Research in Conflict Zones
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