War is horrible for people, communities and nations. The abuse they suffer demands our immediate attention, compassion and action. While some violations are clear and mechanisms and institutions exist to investigate them and provide resources, others are not so apparent. An example of the latter is environmental war crimes.
We are only beginning to understand the full extent of the impact of wars on the air, water and natural environment; in soils and agriculture; in energy and water infrastructure; and, ultimately, public health and safety. The challenge is that much of this cannot be easily observed and has not yet been sufficiently studied, and the number of casualties from this less visible side of the war is likely to be much higher than imagined.
Where there are dilapidated buildings, there can be deadly asbestos and silica dust dispersed in the air. Where landmines and unexploded ordnance exist, or damaged industrial facilities, leaks of heavy metals and other potent pollutants can occur, some of which last for generations. Where lakes and agricultural fields are poisoned, food security is undermined.
Today’s international law already includes tools to prosecute war crimes that cause disproportionate harm to the environment, but prosecutions for such crimes have been rare in local or international courts. Reparations for these damages have also been too limited, with claims in international courts facing evidentiary hurdles.
There are some positive signs that this could change. The UN General Assembly drew attention to this issue in an important 2022 resolution on the protection of the environment in relation to armed conflict, which highlights the responsibility of States to provide full reparations for environmental damage due to unlawful acts in war. On March 1, the United Nations Environment Assembly approved a consensus resolution that called for better data collection on environmental damage associated with armed conflicts.
International Criminal Court Prosecutor Karim Khan also recently announced that his office is developing a comprehensive policy on environmental crimes, with a firm commitment to promoting accountability for these crimes.
A real challenge is tracking environmental damage even during an ongoing conflict. But this is essential to protect public health and take urgent action to limit the damage, such as preventing active leaks of deadly pollutants into rivers or farmland. Documenting damage is also important to ensure that full reparations are eventually paid, as is required if caused by illegal acts of war, and so that individual perpetrators can be held accountable.
An important contribution in this area is emerging in Ukraine.
Russia’s large-scale invasion of Ukraine has had a terrible impact on the natural environment. Ukraine is a country with impressive biodiversity and important natural reserves, but the war has devastated many areas. Soils and waterways have been polluted with chemicals, while farmland, forests and green spaces have been devastated by bombings, fires and floods.
The destruction of the Kakhovka dam a year ago, presumed to have been an intentional act by Russian occupying forces, flooded villages and farmland and caused widespread ecological damage as far as the Black Sea.
Furthermore, a third of Ukraine’s territory is now suspected to be contaminated with landmines or unexploded ordnance, surpassing any other country in the world, according to the International Campaign to Ban Landmines.
We were part of an effort to draw the world’s attention to these environmental concerns by joining a bold initiative by Ukraine’s President Volodymyr Zelenskyy.
The president created the High-Level Working Group on the Environmental Consequences of the War in Ukraine, of which we are pleased to be members, and included environmental security as a central element of the Peace Formula he proposed as a framework for ending the war .
This working group recently published a broad set of recommendations in an “Environmental Pact” (PDF) which points to three priorities.
Firstly, it is necessary to establish clear guidelines for documenting environmental damage, using modern technologies. By working with international partners to establish such standards, Ukraine can help guide how environmental damage is documented in all conflicts.
Secondly, with this data and evidence in hand, we must ensure criminal accountability and full reparation. There are already important efforts underway at national and international level, but there is room to expand them.
A national strategy for environmental justice, currently being developed by Ukraine’s prosecutor general, is a step in the right direction. At the international level, more attention should be paid to these crimes in foreign courts, including through cases that apply universal jurisdiction.
Investigators and prosecutors must take a victim-centered approach to understanding environmental damage and necessary reparation. Human rights investigations in Ukraine must pay particular attention to environmental damage and public health risks as they assess rights violations.
Finally, the working group points to the imperative of sustainable reconstruction, incorporating development strategies that are climate and environmentally friendly. Efforts to apply these principles must begin now, as reconstruction is already underway in some parts of Ukraine.
Green justice and green recovery in Ukraine will benefit all conflict-affected countries around the world. When Russia launched its full-scale invasion of Ukraine two years ago, the Kremlin put the international legal order at risk. Their actions constitute a clear violation of international law and the Charter of the United Nations. The future of this international order, and the expectation of justice for such egregious violations, will be determined by how the world continues to respond to this aggression, including the appalling and disproportionate attacks on the environment.
We all know that environmental threats don’t stop at borders. The risk of a significant nuclear radiation disaster looming over Ukraine – due to the Russian occupation of the Zaporizhyya Nuclear Power Plant, the largest in Europe – is a worrying example of the regional threat. Another is the impact of the war in the Black Sea, where environmental damage is having deadly effects on marine life and affecting all countries bordering this important body of water.
Now that the world is waking up to the scale of environmental crimes in conflict, we must work to ensure that accountability follows, addressing both individual crimes and the responsibility of the perpetrating state to repair the damage.
Justice is due in Ukraine. And justice is due equally in all conflicts in which force exceeds agreed legal limits. Let us work together for a green, just and peaceful future for the nations now suffering such attacks.
The views expressed in this article are those of the authors themselves and do not necessarily reflect the editorial position of Al Jazeera.
This story originally appeared on Aljazeera.com read the full story
