This is another battle that Ukraine intends to win. As the war continues in the east of the country, kyiv is preparing to take Russia to court. Its goal ? Obtain compensation for environmental damage suffered. Forests burned, towns and crops flooded, not to mention millions of mines and munitions scattered on the ground… The environmental bill would amount to $52 billion, according to the European Commission. And it keeps climbing. “Russia will have to answer for its actions. It deliberately targeted our rivers, our forests and our fields,” wrote Andriy Yermak, chief of staff of President Volodymyr Zelensky, last August in an article published in The Guardian.
But how can we make the attacker pay? If the Ukrainian Criminal Code does include the crime of ecocide – the massive destruction of flora and fauna, poisoning of air or water, as well as any act likely to cause an environmental catastrophe -, do claiming this damage on an international scale seems, for the moment, to a mission impossible. “Ecocide does not constitute a criminal offense under international law. Ukraine wishes to introduce this concept by expanding the powers of the International Criminal Court (ICC),” explains Joanna Hosa, researcher in the Wider Europe program of the European Council for International Relations.
At the United Nations, the conditions seem favorable for launching a debate. Because the climate impact of conflicts can no longer be ignored. Before bringing its request to court, however, Ukraine must accumulate as much data as possible. This is precisely the mission ofEcodozor, an internet platform developed by the Swiss NGO Zoï, in collaboration with the United Nations Environment Program and the Organization for Security and Cooperation in Europe. Already, this platform has listed more than 29,000 cases of damage due to military activities. “However, it is very complicated to precisely assess the cost of a war,” says Pierre Vauthier, head of the Ukraine office at the Food and Agriculture Organization of the United Nations (FAO). As there is no international standard for measuring the ecological damage caused by conflict, the figures can indeed be disputed. There is also the question of responsibility. Who should pay for the damage when both sides blame each other for causing it? “Ukraine’s legal fight promises to be difficult, confirms Julie Fabreguettes, associate lawyer at the VingtRue law firm. Let us assume that we manage to broaden the scope of action of the ICC, this new tool would undoubtedly not be applied right away. Worse, it might not be retroactive.”
Be patient
Another difficulty is that the ICC does not have its own police force. It would therefore depend on the cooperation of States to extradite those responsible for armies or companies responsible for environmental damage. How to proceed, under these conditions, with Russia, which is not a member? “Ukraine could cling to existing texts to try to make Moscow pay,” suggests Sarah Becker, also an associate lawyer at VingtRue and a specialist in environmental law. But she would have to prove that she suffered “deliberate, extensive, lasting and manifestly excessive” damage. Vague terms opening the door to endless discussions.
“There is no viable international legal avenue to seek redress and, perhaps more importantly, no willingness on the part of Russia to consider these requests,” emphasize experts from the International Research Institute for Human Rights. Peace of Stockholm in a recent note. But there is hope. “Certainly, financial compensation from Russia is not realistic as long as Vladimir Putin remains in power. The seizure of frozen Russian assets, however, opens up new prospects. Likewise, if the Russian government changes in the future, he might be more willing to compensate Ukraine,” hopes Joanna Hosa. Until then, kyiv will have to be patient.
.