By Victoria Litvinova, Deputy Prosecutor General of Ukraine

 

The Kakhovka Hydroelectric Power Plant blowing up has shocked all Ukrainians, being labeled as the largest man-made disaster after Chornobyl. While it will take time to fully assess the consequences, it is already evident that entire ecosystems, flora and fauna, soils, and all adjacent areas, including the Black Sea, are experiencing a true catastrophe. The ramifications will be felt for years and decades, not only within Ukraine but globally.

The attack on the Kakhovka Hydroelectric Power Plant showcases to the world the devastating impact of Russia’s aggression on the environment. However, this is just one instance of the ecocide committed by Russia.

War Crimes Against the Environment

Currently, 190 war crimes causing environmental damage are under investigation, with 13 of them related to ecocide. Sixteen individuals have been notified of suspicion, ten indictments have been sent to court, and two individuals have already been convicted. Notably, this marks the first conviction for war crimes against the environment in Ukraine.

The convicted individuals, who have been sentenced in absentia to 12 years in prison and ordered to pay 1.5 billion UAH, include the deputy commander of the Russian Black Sea Fleet for material-technical support and the commander of the 11th Separate Guards Engineer Brigade of the Southern Military District of Russia. Prosecutors proved in court that the major general and colonel directly orchestrated the seizure of the Kakhovka Hydroelectric Power Plant and the sabotage of the North-Crimean Canal in the Kherson region in late February 2022.

The Specialized Environmental Prosecutor's Office has plenty of work. For instance, Ukraine is currently the most mine-contaminated country in the world, with over 174,000 sq km affected by explosive objects. Two million hectares of forests and 20% of nature reserves have suffered from fires and mines. Over 80 species of animals are at risk of extinction.

Unlike Russia, which in fact prohibited the investigation of any man-made accidents resulting from military activities until 2028, the Ukrainian prosecution seeks to uncover every piece of evidence and every criminal act. We actively learn from leading global practices to achieve this.

 

Learning From the Best

A few weeks ago, the team of Ukrainian prosecutors returned from the United States, where they attended training sessions organized by the Environmental Crimes Section of the Department of Justice.

Various institutions involved in nature conservation, including the Coastal Guard, the Environmental Agency, and the Ministry of Agriculture, participated in the training. We delved into topics such as coordinating law enforcement actions, environmental monitoring, detecting ecological crimes, predicting potential accidents, and applying machine learning in environmental analysis, among others.

We agreed to establish ongoing consultations. During our meeting, Attorney General Merrick Garland assured us that the U.S. Department of Justice will continue to collaborate with Ukrainian partners to hold those responsible for the aggressor's atrocities accountable.

We are also actively engaging with the European Network of Prosecutors for the Environment. In April, our prosecutors participated in a conference in La Rochelle, France, aptly titled "The Sea, the World's Largest Crime Scene: The Case of Environmental Crime."

Our Ukrainian prosecutors had valuable insights to share with their international colleagues. For instance, the Odesa Regional Prosecutor's Office is actively investigating the mass deaths of Black Sea dolphins resulting from Russian armed aggression. This crime has also been classified as ecocide.

We utilize all international platforms to expose the truth about the war in Ukraine and to exchange contacts and practical knowledge that can be applied to our work.

For example, our British colleagues from the European Network of Prosecutors for the Environment shared their experience in investigating a major accident at an oil depot in Herefordshire. Their methodologies in collecting samples, involving specialized experts, and restoring the affected area can greatly assist us in documenting and investigating the extensive environmental crimes resulting from Russian shelling and fires.

Environmental protection is an integral part of Ukraine's peace formula

During the G19 summit in November 2022, President Volodymyr Zelenskyy emphasized that countering ecocide is a key element of the peace formula and called on partner countries to join in this effort.

Ukraine proposed the establishment of a global platform to assess climate and environmental damages caused by armed conflicts.

Therefore, we deepen international cooperation to determine the extent of damage, assess losses, and hold all those involved in these crimes accountable, as their impact extends far beyond Ukraine's borders. We are committed to raising worldwide awareness of these crimes and their consequences and invite partners to contribute to the collection of evidence and the prosecution of criminals, including in international courts.

According to preliminary estimates, the material losses inflicted by Russian aggressors on our environment exceed 1.97 trillion UAH, not including the consequences of the destruction of the Kakhovka Hydroelectric Power Plant. The government alone estimates the restoration of the dam's integrity and the construction of a new station at 1 billion USD. It is challenging to determine the cost of restoring the affected territories, but it will undoubtedly be a significant amount.

We will track all the facts, document all the consequences, and identify those involved, no matter how many they are. We firmly believe that the terrorist state will pay a steep price for all the evil it has committed, including the destruction of Ukraine's environment.