The Rome Statute of the International Criminal Court contains a provision under the war crimes category that applies to crimes against the environment. What is happening in Ukraine reminds us that war is one of the worst things that can happen not only to people but also to nature.

The brutality of the Russian Federation's military invasion of Ukraine has caused dire human consequences and serious damage to the environment. Conducting initial environmental impact monitoring, representatives of the United Nations Environment Programme have warned that Ukraine will be left with a dangerous environmental legacy for future generations.

At the Ukraine Recovery Conference held in Lugano (Switzerland) this month, Ukrainian representatives announced that the complete recovery of the country would cost a staggering sum—namely 750 billion US dollars (EUR 739 billion). Similar to the successful Marshall Plan after the Second World War, it is important to lay the foundations for Ukraine's recovery plan in good time. It is equally important that post-war recovery takes place sustainably. For example, when restoring energy infrastructure, it should use renewable energy sources; when restoring forests, they should be protected from unsustainable logging; and when restoring housing, it should meet high energy efficiency standards. The future of Ukraine must be as green as possible.

We are pleased that many countries have already committed to contributing to Ukraine's recovery. However, full responsibility for the damage caused must be borne by the Russian Federation and its representatives. So far, the international community has rightly focused on strengthening sanctions. Now is the time to start building targeted accountability mechanisms.

Investigations into potential war crimes were launched by both the Prosecutor General of Ukraine and the Chief Prosecutor of the International Criminal Court (ICC) less than a week after the Russian invasion. To date, authorities in at least ten other countries have also initiated universal jurisdiction investigations into potential war crimes in Ukraine.

All these efforts should strive to be as coordinated as possible. Particularly with regard to documenting environmental damage, it is advisable to prioritise the collection and preservation of evidence, as any delay or negligence may lead to missing effective documentation opportunities that would allow charges to be brought and, potentially, criminal prosecutions to be initiated.

Statute and ratification

As the ICC marks the 20th anniversary of the Rome Statute entering into force, it has the opportunity to invoke for the first time the only provision in the Statute that relates to environmental crimes, namely Article 8(2)(b)(iv), which is included in the war crimes section. Ukraine should also take the long-overdue step of acceding to the Rome Statute. Ratification would give Ukrainians the opportunity to seek cooperation and request assistance from the court in accordance with the 2016 Policy Paper on Case Selection and Prioritisation of the Office of the Prosecutor regarding ecocide, which is also a serious crime under Ukrainian domestic law. Ending impunity for ecocide would send a strong signal that causing serious damage to the environment is unacceptable in any war zone.

Existing institutions are rarely suited to holding anyone accountable for military crimes; therefore, historically, specially adapted or created international structures have been established for such purposes. For example, the UN Compensation Commission successfully reviewed claims and paid compensation to subjects for losses resulting from the Iraqi invasion of Kuwait in 1990-1991; in 2018, the International, Impartial and Independent Mechanism for Myanmar was established, with the goal of collecting evidence of the most serious violations of international law and preparing case files for criminal prosecution. A similar international body with the aim of achieving accountability and criminal responsibility should also be created in the case of Ukraine.

A clean, healthy and sustainable environment is essential for the future of Ukraine

Although it is the duty of the international community to help Ukraine implement its sustainable recovery plan, it must not forget its obligation to invoke international environmental standards and legal mechanisms, and to strengthen them if necessary, to hold the perpetrators accountable.
https://euobserver.com/opinion/155569
Photograph by Donal Boyd used
*Authors:
Simon Holmström, Member of the Parliament of Åland, Nordic Council delegate and member of the End Ecocide on Earth alliance.
Shirleen Chin, Director of Green Transparency, Senior Legal Advisor to the Institute for Environmental Security and member of the IUCN World Commission on Environmental Law.
Christiana Mauro, Senior Legal Counsel at the Biosphere Institute and member of the Guarini Center for Environmental Law.
Doug Weir, Director of Research and Policy at the Conflict and Environment Observatory.
Stephen Stuck, Senior Fellow at the CEU Democracy Institute and Senior Research Fellow on Environmental Democracy.
Mikko Pyhälä, Ambassador emeritus of Finland and Chairman of the Board of the Pekka Kuusi Eco Fund.
Yuliya Ovchynnykova, Member of the Ukrainian Parliament and member of the Committee on Environmental Policy and Nature Protection.
Olena Kravchenko, Director of the environmental law organisation Environment People Law and board member of the Guarini Center for Environmental Law.
Hanna Khomechko, Development Director at Environment People Law.
Wouter Veening, President of the Institute for Environmental Security.
Dmytro Skrylnikov, Chairman of the Bureau of Environmental Investigation and Vice-Chair of the Aarhus Convention Compliance Committee.
Iryna Zaverukha, Professor at the University of Southern California Gould School of Law.
Marie Toussaint, French Member of the European Parliament, member of the Committee on Legal Affairs, and initiator and member of the End Ecocide on Earth alliance.
Rebecka Le Moine, Swedish Green MP, biologist and member of the End Ecocide on Earth alliance.
Frederike Schweighoferova, Campaign Manager for the Rome Statute and for the organisation Parliamentarians for Global Action.